The Messaging Services are offered under the Experity Patient Engagement Messaging Program on behalf of participating urgent care providers and other Provider Clients. These Experity Patient Engagement Messaging Program Terms of Service and Privacy Notice (collectively, the “Terms”) govern the use of Rich Communication Services (“RCS”), SMS, MMS, and related electronic messaging services (collectively, the “Messaging Services”) provided by Experity, Inc. and its affiliates (“Experity,” “we,” “our,” or “us”) on behalf of healthcare providers, practices, urgent care centers, and other healthcare organizations utilizing Experity’s software and patient engagement platforms (collectively, “Provider Clients”).

These Terms apply when a patient or authorized representative engages with an urgent care provider or other Provider Client, or engages with Experity on behalf of such Provider Client, through Experity’s patient engagement solutions.

By opting into or otherwise using the Messaging Services, you acknowledge and agree to these Terms.

1. Scope of Messaging Services

Experity provides electronic patient communication technology that enables Provider Clients to communicate with patients regarding healthcare-related matters. Messaging Services may include, without limitation:

• Appointment reminders and scheduling confirmations;
• Registration and intake communications;
• Waitlist and queue notifications;
• Follow-up care instructions;
• Billing and payment reminders;
• Prescription and pharmacy-related notifications;
• Satisfaction surveys and care experience feedback requests;
• Secure links to patient portals or digital intake forms; and
• Other operational, administrative, transactional, or healthcare-related communications authorized by the applicable Provider Client.

Messages may include appointment reminders, scheduling confirmations, registration and intake links, waitlist updates, post-visit instructions, billing reminders, patient satisfaction surveys, and other healthcare-related service communications. Promotional or marketing messages will only be sent where separately authorized. Experity acts as a technology service provider to Provider Clients and transmits communications on their behalf.

2. Consent to Receive Electronic Communications

By separately opting into the Messaging Services, you consent to receive recurring RCS, SMS, MMS, or similar messages from Experity and/or the applicable Provider Client. Consent to receive text or RCS messages is separate from consent to receive email, voice calls, or other communications. Your consent to receive Messaging Services is not bundled with acceptance of general terms of service, privacy policies, treatment forms, or other unrelated agreements. You may opt in by checking an unchecked box during online registration (eReg), selecting a communication preference in the patient portal, or verbally consenting during intake.

Your consent includes consent to receive:

• Informational and transactional healthcare communications;
• Appointment and care management notifications;
• Interactive RCS communications and rich media content where supported;
• SMS fallback communications where RCS delivery is unavailable; and
• Limited marketing or promotional communications where separately authorized by applicable law.

Consent is not a condition of purchasing any goods or services or receiving medical treatment.

You represent that:

• You are the authorized user or subscriber for the mobile number provided;
• You are authorized to consent on behalf of any represented patient where legally permitted; and
• The contact information you provide is accurate and current.

You agree to promptly notify the applicable Provider Client if your mobile number changes.

3. HIPAA and Protected Health Information

Experity is committed to protecting protected health information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and applicable state privacy laws.

Messaging Services may contain limited PHI necessary to facilitate healthcare operations, treatment coordination, or patient engagement activities authorized by the applicable Provider Client.

By enrolling in Messaging Services, you acknowledge and understand that:

• Electronic messaging may not always be fully secure;
• Messaging content may be visible to individuals with access to your mobile device or messaging application;
• Delivery and display of messages are controlled in part by third-party mobile carriers, device manufacturers, operating systems, and messaging platforms; and
• Certain messages may contain links directing you to secure applications, portals, or websites for access to sensitive information.

Experity employs commercially reasonable administrative, technical, and physical safeguards designed to protect PHI and confidential information.

4. Message Frequency and Availability

Message frequency varies depending on your interactions with the applicable Provider Client, appointment activity, care coordination needs, communication preferences, and Provider Client configuration settings.

Experity does not guarantee:

• Continuous, uninterrupted, or error-free operation of Messaging Services;
• Delivery timing;
• Message receipt or readability;
• Availability on all devices, operating systems, or wireless carriers; or
• Compatibility with all RCS-enabled applications or platforms.

Messaging Services may be modified, suspended, or discontinued at any time without liability.

5. Charges and Carrier Fees

Message and data rates may apply based on your wireless carrier plan.

Experity is not responsible for:

• Carrier charges;
• Roaming charges;
• Data usage fees;
• Device-related charges; or
• Third-party application fees.

You are solely responsible for all charges imposed by your wireless provider.

6. Required Opt-In Disclosures

At the point of opt-in, users must be presented with disclosures substantially similar to: “By checking this box, I agree to receive recurring RCS/SMS messages from Experity and/or my healthcare provider regarding appointment reminders, scheduling, registration, intake, waitlist updates, billing reminders, follow-up care, surveys, and other patient engagement communications. Message frequency varies. Message and data rates may apply. Reply HELP for help. Reply STOP to cancel. View our Terms of Service at https://www.experityhealth.com/messaging-terms-and-privacy/ and Privacy Policy at https://www.experityhealth.com/privacy-policy/.”

7. Opt-Out and Communication Preferences

You may opt out of non-essential Messaging Services at any time by:

• Replying STOP to any eligible message. After you reply STOP, you will receive a confirmation message stating that you have been unsubscribed and that no further messages will be sent unless you re-enroll or reply START where supported;
• Following opt-out instructions provided within the message;
• Contacting the applicable healthcare provider directly;
• Updating communication preferences through an available patient portal; or
• If you change or deactivate your mobile number, please update your communication preferences with the applicable Provider Client.

After opting out, you may receive:

• A final confirmation message;
• Legally required notices; or
• Certain transactional or operational communications that are exempt from consent requirements under applicable law.

Opting out of Messaging Services may impact your ability to receive timely healthcare-related notifications.

8. Help and Support

For assistance with Messaging Services:

• Reply HELP for help;
• Contact your healthcare provider directly; or
• Visit Experity’s support resources at https://www.experityhealth.com/support/.

Support availability may vary by Provider Client.

9. RCS, Carrier, and Third-Party Platform Disclosures

Messaging Services may be delivered through:

• Google Rich Business Messaging (“RBM”);
• Wireless carriers;
• Aggregators and telecommunications providers;
• Mobile device manufacturers;
• Operating system providers; and
• Third-party messaging or cloud communication platforms.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators, carriers, and providers of the Messaging Services as necessary to deliver and administer the Messaging Services.

Experity does not control and is not responsible for:

• Carrier network availability;
• Third-party platform outages;
• Message filtering or blocking;
• Device compatibility limitations;
• Security vulnerabilities outside Experity’s systems; or
• Delays caused by carriers, network providers, or third-party services.

RCS functionality may vary depending on device type, carrier support, geographic location, and software version.

Carriers are not liable for any delayed or undelivered messages.

10. Privacy and Data Use

Experity may collect and process information relating to Messaging Services, including:

• Mobile phone numbers;
• Device and messaging metadata;
• Delivery and engagement information;
• Consent records;
• Communication preferences; and
• Limited healthcare-related information necessary to provide services.

Such information may be used to:

• Deliver and administer Messaging Services;
• Maintain system security and integrity;
• Monitor compliance with legal and carrier requirements;
• Improve system functionality and user experience;
• Investigate fraud, misuse, or security incidents; and
• Comply with applicable legal obligations.

Experity processes information in accordance with:

• Applicable privacy and healthcare laws;
• Business Associate Agreements with Provider Clients where applicable; and
• Experity’s general Privacy Policy available at https://www.experityhealth.com/privacy-policy/.

Experity does not sell patient personal information or PHI in exchange for monetary consideration.

11. Audit Logging, Consent Retention, and Compliance Monitoring

Experity maintains records reasonably necessary to demonstrate compliance with applicable legal, regulatory, and carrier requirements, including but not limited to:

• TCPA;
• HIPAA;
• HITECH;
• CTIA guidelines;
• Google RBM policies; and
• Applicable state privacy and consumer protection laws.

Records may include:

• Timestamped opt-in and opt-out activity;
• Consent capture records and associated disclosures;
• Communication logs and delivery confirmations;
• Authentication and access records;
• Audit trails relating to system access and message activity; and
• Retention records required by law or contractual obligations.

Experity reserves the right to monitor Messaging Services for compliance, security, abuse prevention, fraud detection, and operational integrity.

12. Acceptable Use Restrictions

You agree not to:

• Use Messaging Services for unlawful, fraudulent, abusive, or unauthorized purposes;
• Interfere with or disrupt Messaging Services or associated systems;
• Attempt to gain unauthorized access to systems or data;
• Transmit malware, malicious code, or harmful content;
• Misrepresent identity or authorization;
• Use Messaging Services in violation of applicable healthcare, privacy, telecommunications, or consumer protection laws; or
• Use Messaging Services in any manner that could impair platform integrity, security, or performance.

Experity may suspend or terminate access to Messaging Services for violations of these Terms or to protect system security and compliance.

13. Intellectual Property

All software, technology, interfaces, trademarks, service marks, logos, content, and related intellectual property associated with the Messaging Services are owned by Experity or its licensors and are protected by applicable intellectual property laws.

Except as expressly permitted, no rights or licenses are granted to users.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MESSAGING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

EXPERITY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AVAILABILITY, ACCURACY, SECURITY, AND RELIABILITY.

WITHOUT LIMITING THE FOREGOING, EXPERITY DOES NOT WARRANT THAT:

• MESSAGES WILL BE DELIVERED, RECEIVED, OR VIEWED;
• SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• SERVICES WILL BE COMPATIBLE WITH ALL DEVICES OR NETWORKS; OR
• SERVICES WILL MEET ANY PARTICULAR PERFORMANCE OR AVAILABILITY REQUIREMENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPERITY, ITS AFFILIATES, PROVIDER CLIENTS, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PRIVACY, ARISING OUT OF OR RELATED TO THE MESSAGING SERVICES.

EXPERITY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE MESSAGING SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification

You agree to defend, indemnify, and hold harmless Experity, its affiliates, Provider Clients, officers, directors, employees, licensors, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Messaging Services;
• Your violation of these Terms;
• Your violation of applicable law;
• Your misuse of Messaging Services; or
• Your provision of inaccurate or unauthorized contact information.

17. Modifications to Terms or Services

Experity may modify these Terms or the Messaging Services at any time.

Updated Terms may be:

• Posted online;
• Presented within applicable applications or portals; or
• Communicated through electronic notice where required by law.

Your continued use of Messaging Services following the effective date of revised Terms constitutes acceptance of the updated Terms.

18. Suspension and Termination

Experity reserves the right to suspend, restrict, or terminate Messaging Services at any time:

• For maintenance or operational purposes;
• To protect security or integrity;
• To comply with legal obligations;
• Upon instruction from a Provider Client;
• In response to carrier or platform requirements; or
• For violations of these Terms.

19. Governing Law and Venue

These Terms and any disputes arising out of or relating to Messaging Services shall be governed by the laws of the State of Illinois, without regard to conflict of law principles.

Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Illinois, and the parties consent to such jurisdiction and venue.

20. Regulatory Compliance

Experity intends Messaging Services to comply with applicable:

• Federal and state healthcare privacy laws;
• Telecommunications and consumer protection laws;
• TCPA requirements;
• CTIA messaging guidelines;
• Google RBM policies;
• State data breach notification laws; and
• Applicable accessibility and anti-discrimination requirements.

Nothing in these Terms shall be interpreted to waive any rights that cannot legally be waived.

21. Contact Information

Experity, Inc.
8777 Velocity Drive
Machesney Park, Illinois 61115
United States

Legal and Privacy Inquiries:
[email protected]

Privacy Policy:
https://www.experityhealth.com/privacy-policy/

Support:
https://www.experityhealth.com/support/