Terms of Service
Acceptance of Terms of Service
Welcome to Groove Health. Groove Health, Inc. ("Groove Health", "we", or "us") provides a personalized online wellness coaching and movement program and related services, content, features, and products through the Groove Health website located at https://www.groovehealth.com (the "Groove Health Site" or the "Site"), text message, phone calls, video calls, and mobile and desktop or device applications (including iOS and applications) and Groove Health-controlled social media pages (including on Facebook and Instagram), as well as a platform to provide access to clinicians for physician-led, physical therapist supervised medical services (collectively, the "Groove Health Service" or the "Service"). By registering as a member or by visiting, browsing, or using the Groove Health Service in any way, you (as a "user") accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Groove Health.
PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE BELOW). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND GROOVE HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by this Agreement, do not access or use the Groove Health Service. Certain elements of the Groove Health Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Groove Health Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. We may, in our sole discretion, refuse to offer the Groove Health Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Groove Health Service is revoked where this Agreement or use of the Groove Health Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Groove Health Service is offered only for your personal use, and not for the use or benefit of any third party.
The Groove Health Service
Subject to your compliance with this Agreement, Groove Health grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Groove Health Service for your own personal, non-commercial purposes. This license includes the right to view content available on the Groove Health Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted in writing by an authorized representative of Groove Health, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Groove Health Service, nor will you take any measures to interfere with or damage the Groove Health Service. All rights not expressly granted by Groove Health in this Agreement are reserved.
Beta Services
From time to time, we may offer you the opportunity to install, use and test ("Beta Testing") certain of the Groove Health Services prior to their commercial release (the "Beta Services"). Beta Services are intended for evaluation purposes and not for production use and are subject to following additional terms:
(i) we grant you a limited right to use the Beta Services for Beta Testing purposes during the applicable testing period;
(ii) you may provide suggestions, comments, or other feedback with respect to the Beta Services as reasonably requested, including ideas for modifications and enhancements (the "Beta Feedback"). You hereby assign to us all right, title and interest in and to the Beta Feedback. All Beta Services and your Beta Feedback are Groove Health's Confidential Information, and Groove Health may use your Beta Feedback in advertising and promotional materials with your prior consent (not to be unreasonably withheld);
(iii) we reserve the right to modify the Beta Services or terminate your participation in the Beta Testing for any reason, without liability to you. We will use commercially reasonable efforts to provide you with reasonable advance notice of such termination;
(iv) the Beta Services are provided on an "as is" and "as available" basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Use of the Beta Services is at your sole risk. In no event will we be liable to you for any damage whatsoever arising out of the use of or inability to use the Beta Services;
SMS Text Messaging
These SMS Text Messaging Terms of Service (these "SMS Terms") are incorporated into all agreements between you and Groove Health, including any agreements that are preexisting and any agreements that might be enacted contemporaneously with these SMS Terms.
Groove Health might use SMS text messaging, from time to time, for certain types of communication with you, including potentially for administrative issues, such as billing, or for health-related issues, such as care reminders.
You agree to receive (you "opt in" to receiving) SMS text messages from Groove Health, related to services that we are providing to you. Message and data rates may apply, and message frequency varies. You may text us STOP at any time to opt out of receiving SMS text messages from us. You may text us HELP at any time to receive help.
SMS text messages from Groove Health may originate from our organizational phone numbers, including:
- (415) 949-2691
- (415) 894-0708
There may be terms in other agreements between you and us that also apply to our organization's use of SMS text messaging, such as general terms related to privacy and data handling for our organization that are not specific to SMS text messaging. You agree that you have reviewed all agreements that we have provided you.
Membership and Subscriptions
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Groove Health Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at help@groovehealth.com.
Features and prices are subject to change. The account holder of the account will be the person who activated the account (the "Account Holder").
Account Registration
You can register by creating an account on the Groove Health Site, as further described in our Terms of Service. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to help@groovehealth.com. Groove Health's use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
Groove Health may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of these Purchase and Subscription Terms. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are in addition to the Commitment Period. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Purchase and Subscription Terms.
Membership Structure and Fees
If applicable, your Groove Health Subscription recurs on a monthly basis at the then-current rate until canceled in accordance with the terms below. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), we will provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. To change or terminate your Subscription, contact Member Support at help@groovehealth.com. If you terminate your Subscription, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. For more information on cancelling your Subscription, please read the following section.
Technology-Assisted Care
Groove Health may use artificial intelligence and machine learning tools to assist our clinical team in delivering care. These tools may be used to support tasks such as program design, progress tracking, and communication. All AI-assisted outputs are reviewed and approved by your licensed care team before being shared with you. AI tools do not independently provide clinical advice, make treatment decisions, or replace the judgment of your providers.
Users understand and agree that Groove Health shall not be held responsible or liable for the actions, decisions, or outcomes resulting from the use of AI-assisted tools within the Service. The clinical care team retains responsibility for all treatment decisions.
Suspension/Termination by Groove Health
Groove Health may immediately terminate or suspend your account, and all or a portion of your Subscription, without notice if: (a) your payment is more than 15 days overdue; (b) you provide false or inaccurate information; (c) you violate these Purchase and Subscription Terms, the Terms of Service or any other Groove Health rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to Groove Health employees, agents, or other Groove Health users, including, for example, making threats to physically harm or damage property.
If we terminate or suspend your Subscription, your license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable). If your Subscription is terminated, Groove Health has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges through the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Third-Party Payment Processor
You agree to pay us, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
If you are receiving professional medical services from Groove Medical Group PA or Groove Medical Group West, P.C., the charges for those services may be reimbursable by your insurance carrier.
Bill Inquiries and Refunds
If you believe you have been billed in error for a Subscription, please notify us within 60 days of the billing date by emailing help@groovehealth.com. Groove Health will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
Term and Termination; Account Deletion
This Agreement begins on the date you first use the Groove Health Service and continues as long as you have an account with us and/or continue to use the Groove Health Service.
Groove Health may, in Groove Health's sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if Groove Health determines that you have violated this Agreement or that your conduct or content would tend to damage Groove Health's reputation and goodwill. If Groove Health deletes your account for these reasons, you may not re-register for or use the Groove Health Service under any other user name or profile. Groove Health may block your access to the Groove Health Service to prevent re-registration.
Upon termination of this Agreement, all licenses granted by Groove Health will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Intellectual Property and all General Provisions. In the event of account deletion for any reason, User Content may no longer be available and Groove Health is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to the Groove Health app and any other content or features provided through the Groove Health Service. Groove Health, in its sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time.
User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials ("User Content"), whether publicly posted or privately transmitted. All User Content is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, in compliance with all applicable laws, rules and regulations and does not infringe any third party proprietary rights. You acknowledge that all content, including User Content, accessed by you using the Groove Health Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the Groove Health Service.
As between you and Groove Health, you own all User Content that you submit to the Groove Health Service. You grant Groove Health a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your User Content. You further grant all users of the Groove Health Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Groove Health or through the Groove Health Service about improving or adding new features or products to the Groove Health Service or you otherwise provide feedback or testimonials, Groove Health a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.
Content Restrictions
You may not upload, post, submit, distribute or transmit to any portion of the Groove Health Service any User Content that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains abusive, bullying, hateful, defamatory, discriminatory or other objectionable content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get-rich-quick schemes, online gaming and gambling, cash gifting, work-from-home businesses, or any other dubious money-making ventures;
Conduct
In using the Groove Health Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person, including without limitation a Groove Health trainer;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others;
- Advertise or solicit others to purchase any product or service;
- Engage in any conduct that is offensive or illegal; or
- Violate any other community rules or codes of conduct that Groove Health may impose.
Groove Health has the right, but not the obligation, to monitor all conduct on and content submitted to the Groove Health Service. Groove Health reserves the right to alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in Groove Health's sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the Groove Health Service and Groove Health's systems.
Member Interactions, Dealings with Third Parties
When interacting with other Groove Health members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Your participation, correspondence or personal or business dealings with any third party found on or through the Groove Health Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Groove Health is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
Your Representations and Warranties
For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to Groove Health and grant the licenses set out above; (ii) Groove Health will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
Indemnification
You agree to indemnify, defend, and hold harmless Groove Health and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Groove Health Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.
Third-Party Links and Content
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimers
Groove Health reserves the right to modify the Groove Health Service, including, but not limited to updating, adding to, enhancing, modifying, removing, or altering any content or features of the Groove Health Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Groove Health Service. Groove Health has no obligation to screen or monitor any content and does not guarantee that any content available on the Groove Health Service is suitable for all users or that it will continue to be available for any length of time.
Groove Health provides the Groove Health Service on an "AS IS" and "AS AVAILABLE" basis. You therefore use the Groove Health Service at your own risk. Other than as expressly provided in writing by Groove Health in connection with your purchase of a Groove Health product, Groove Health expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Groove Health makes no representations or warranties: that the Groove Health Service is or will be permitted in your jurisdiction; that the Groove Health Service will be uninterrupted or error-free; concerning any content, including User Content; concerning any third party's use of User Content that you submit; that the Groove Health Service will meet your personal or professional needs; that Groove Health will continue to support any particular feature of the Groove Health Service; or concerning sites and resources outside of the Groove Health Service, even if linked to from the Groove Health Service.
Professional Advice Disclaimer
GROOVE HEALTH'S ROLE IS LIMITED TO MAKING CERTAIN TELEHEALTH RELATED INFORMATION AVAILABLE TO YOU AND/OR TO FACILITATE YOUR ACCESS TO TELEMEDICINE AND EXPERT MEDICAL SERVICES. GROOVE HEALTH DOES NOT PRACTICE MEDICINE OR PROVIDE ANY OTHER PROFESSIONAL OR CLINICAL SERVICES. GROOVE HEALTH GIVES YOU ACCESS THROUGH ITS TELEHEALTH PLATFORM TO PROFESSIONAL CLINICIANS WHO MAY PROVIDE PHYSICIAN-SUPERVISED, PHYSICAL THERAPIST-LED TREATMENT FOR PATIENTS EXPERIENCING CHRONIC MUSCULOSKELETAL PAIN, OSTEOPOROSIS, ARTHRITIS, BACK PAIN AND OTHER RELATED CONDITIONS. CLINICAL CARE IS PROVIDED BY GROOVE MEDICAL GROUP PA AND GROOVE MEDICAL GROUP WEST, PC (COLLECTIVELY, "GROOVE MEDICAL") AND ITS PHYSICIANS, NURSE PRACTITIONERS, PHYSICIANS ASSISTANTS, PHYSICAL THERAPISTS AND OTHER PROFESSIONALLY LICENSED STAFF. GROOVE HEALTH IS INDEPENDENT FROM GROOVE MEDICAL AND ITS PROVIDERS WHO MAY PROVIDE SUCH TELEMEDICINE SERVICES TO YOU THROUGH THE PLATFORM AND IS NOT RESPONSIBLE FOR SUCH HEALTHCARE PROVIDERS' ACTS, OMISSIONS, OR FOR ANY CONTENT OF THE COMMUNICATIONS MADE BY THEM. ACCESSING OR USING THE GROOVE HEALTH SERVICE DOES NOT AUTOMATICALLY CREATE A PROVIDER-PATIENT RELATIONSHIP. A PROVIDER-PATIENT RELATIONSHIP WITH GROOVE MEDICAL IS ESTABLISHED ONLY UPON THE SIGNING OF GROOVE MEDICAL'S PATIENT CONSENT FORMS AND COMPLETING AN INITIAL TELEHEALTH EVALUATION. YOU SHOULD NOT RELY ON GROOVE HEALTH SERVICES FOR EMERGENCY CARE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
THE GROOVE HEALTH SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND GROOVE HEALTH MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL ADVICE THAT APPEARS IN THE GROOVE HEALTH SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE GROOVE HEALTH SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer
In becoming a user of Groove Health with the intent of using the Groove Health Service, you affirm that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; (viii) you do not have any injuries that would be exacerbated by use of the telemedicine services accessible through the Groove Health Service; and (ix) you do not know of any other reason you should not exercise.
If applicable, you further affirm that (a) you are not pregnant, breastfeeding, or lactating; or (b) your physician has specifically approved your use of the telemedicine services accessible through the Groove Health Service.
Groove Health reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
Exercise-Specific Acknowledgments: You acknowledge that physical exercise carries inherent risks including muscle strain, joint stress, cardiovascular stress, and falls. You confirm you have obtained medical clearance before beginning our program if you have any chronic conditions. You agree to immediately stop exercising and seek medical attention if you experience pain, dizziness, chest discomfort, or other concerning symptoms.
Limitation of Liability
To the fullest extent permitted by law: (i) Groove Health shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Groove Health's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Groove Health over the 12 months preceding the date your first claim(s) arose.
Intellectual Property
You acknowledge that the Groove Health Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Groove Health-generated content, and content provided to Groove Health by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Groove Health, Groove Health owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Groove Health Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Groove Health Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices and are in compliance with this Agreement. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Groove Health Service, Groove Health hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the Groove Health Service for your personal, non-commercial use of the Groove Health Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the Groove Health Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The Groove Health name, logos, and affiliated properties, designs and marks are the exclusive property of Groove Health and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Groove Health Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Groove Health Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Groove Health Service. All rights not expressly granted in this Agreement are reserved.
Copyright / DMCA Policy
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request the removal of those materials (or access to them) from the Site by submitting a written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that the material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Dispute Resolution — Arbitration Agreement and Waiver of Jury Trial
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GROOVE HEALTH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT".
Scope of Arbitration Agreement
Any dispute, controversy, or claim arising out of, relating to or in connection with this contract, including the breach, termination, or validity thereof, shall be finally resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Groove Health may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
CASES MAY HAVE BEEN FILED AGAINST THE COMPANY—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
Arbitration Rules and Forum
This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, General Counsel, at 548 Market Street, PMB 50233, San Francisco, CA 94104. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS's rules. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, Groove Health will pay them for you. In addition, Groove Health will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
Arbitrator Powers
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Groove Health. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's decision is final and binding on you and Groove Health.
Waiver of Jury Trial
YOU AND GROOVE HEALTH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Groove Health are instead electing to have claims and disputes resolved by arbitration, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Waiver of Class or Consolidated Actions
YOU AND GROOVE HEALTH AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Groove Health is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Governing Law below, and all other provisions of this Arbitration Agreement shall remain in force. If any provision of this Arbitration Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, the void or unenforceable provision shall be severed and such adjudication shall not affect the validity of the remainder of this Arbitration Agreement.
Opt Out
You may opt out of this Arbitration Agreement. If you do so, neither you nor Groove Health can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Groove Health in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Groove Health Subscription (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: help@groovehealth.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
Survival. This Arbitration Agreement will survive any termination of your relationship with Groove Health.
Modification
Notwithstanding any provision in the Agreement to the contrary, we agree that if Groove Health makes any Groove Health material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Groove Health.
Governing Law
This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Subject to the foregoing agreements in Section 21, any other action arising out of or relating to this Agreement or your use of the Groove Health Service must be commenced in the state or federal courts located in San Francisco, California, United States of America, and you consent to the jurisdiction of those courts.
Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Groove Health in exercising any right hereunder will waive any further exercise of that right. Groove Health's rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third Party Beneficiaries
This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without Groove Health's prior written consent. No third party has any rights hereunder. Groove Health may assign its rights, obligations and/or this Agreement at any time in its sole discretion without notice to you.
Notices
You consent to receive all communications including notices, agreements, disclosures, or other information from Groove Health electronically. Groove Health may communicate by email or by posting to the Groove Health Service. For support-related inquiries, you may email help@groovehealth.com. Nothing in this Agreement or otherwise limits Groove Health's right to object to subpoenas, claims, or other demands.
Modification
This Agreement may be modified at any time by Groove Health. Any such modification will be communicated to you by, at a minimum, revising the "Last Updated" date at the top of this page. Subject to Section 21, unless otherwise specified by us, modifications will be effective as of the date they are posted to the Groove Health Service.
Entire Agreement
Our Privacy Policy forms a part of this Agreement. Please review the Privacy Policy to learn about our collection and use of personal information. This Agreement also incorporates any other policies or procedures referenced herein that are posted to the Groove Health Site from time to time.
In the event of a conflict between any policies posted on the Groove Health Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between Groove Health and you and supersedes all prior agreements and understandings regarding the same.
Privacy Policy
This Privacy Notice for Groove Health, Inc. ("we," "us," or "our"), describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you:
- Visit our website at http://www.groovehealth.com, or any website of ours that links to this Privacy Notice
- Use Groove Health. Groove is an online physical health coaching service that helps adults improve their strength, balance, endurance, and mobility. Groove may connect you with licensed physicians, physical therapists, nurse practitioners, physician assistants, and other providers for certain medical services, but Groove does not practice medicine or engage in any licensed clinical profession.
- Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at help@groovehealth.com.
This general privacy policy does not apply to information collected from visitors who register and log-in to the password protected and secure portions of our sites ("Telehealth Platforms"). All information collected and stored by Groove Health, Inc. or affiliated medical practices into such Telehealth Platforms is considered protected health information, as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations ("HIPAA") or other applicable law. To learn how we use and disclose protected health information, please review the HIPAA Notice of Privacy Practices.
Summary of Key Points
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we collect any information from third parties? We do not collect any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties.
How do we keep your information safe? We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
1. What Information Do We Collect?
Personal information you disclose to us
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following: names, phone numbers, email addresses, billing addresses, debit/credit card numbers, contact or authentication data.
Sensitive Information. We do not process sensitive information.
Payment Data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
- Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
2. How Do We Process Your Information?
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
- To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
- To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
- To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
- To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
- To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
3. When and With Whom Do We Share Your Personal Information?
We may need to share your personal information in the following situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
4. Do We Use Cookies and Other Tracking Technologies?
We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.
We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.
To the extent these online tracking technologies are deemed to be a "sale"/"sharing" (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below under section "DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?"
Google Analytics
We may share your information with Google Analytics to track and analyze the use of the Services. The Google Analytics Advertising Features that we may use include: Google Display Network Impressions Reporting. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. You can opt out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page.
5. Do We Offer Artificial Intelligence-Based Products?
As part of our Services, we offer products, features, or tools powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products"). These tools are designed to enhance your experience and provide you with innovative solutions. The terms in this Privacy Notice govern your use of the AI Products within our Services.
Use of AI Technologies
We provide the AI Products through third-party service providers ("AI Service Providers"), including Anthropic. As outlined in this Privacy Notice, your input, output, and personal information will be shared with and processed by these AI Service Providers to enable your use of our AI Products for purposes outlined in "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?" You must not use the AI Products in any way that violates the terms or policies of any AI Service Provider.
Our AI Products
Our AI Products are designed for the following functions: AI automation and AI document generation.
How We Process Your Data Using AI
All personal information processed using our AI Products is handled in line with our Privacy Notice and our agreement with third parties. This ensures high security and safeguards your personal information throughout the process, giving you peace of mind about your data's safety.
6. How Long Do We Keep Your Information?
We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than six (6) months past the start of the idle period of the user's account.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. How Do We Keep Your Information Safe?
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
8. Do We Collect Information From Minors?
We do not knowingly collect data from or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at help@groovehealth.com.
9. What Are Your Privacy Rights?
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.
If you have questions or comments about your privacy rights, you may email us at help@groovehealth.com.
10. Controls for Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.
California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.
11. Do United States Residents Have Specific Privacy Rights?
If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law.
Categories of Personal Information We Collect
We have collected the following categories of personal information in the past twelve (12) months:
| Category | Examples | Collected |
|---|---|---|
| A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name | YES |
| B. Personal information (CA Customer Records statute) | Name, contact information, education, employment, employment history, and financial information | YES |
| C. Protected classification characteristics | Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data | YES |
| D. Commercial information | Transaction information, purchase history, financial details, and payment information | NO |
| E. Biometric information | Fingerprints and voiceprints | NO |
| F. Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements | NO |
| G. Geolocation data | Device location | NO |
| H. Audio, electronic, sensory, or similar information | Images and audio, video or call recordings created in connection with our business activities | NO |
| I. Professional or employment-related information | Business contact details, job title, work history, and professional qualifications | NO |
| J. Education Information | Student records and directory information | NO |
| K. Inferences drawn from collected personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual's preferences and characteristics | YES |
| L. Sensitive personal Information | NO |
We will use and retain the collected personal information as needed to provide the Services or for:
- Category A - 6 months
- Category B - 6 months
- Category C - 6 months
- Category H - 6 months
- Category K - 6 months
Your Rights
You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:
- Right to know whether or not we are processing your personal data
- Right to access your personal data
- Right to correct inaccuracies in your personal data
- Right to request the deletion of your personal data
- Right to obtain a copy of the personal data you previously shared with us
- Right to non-discrimination for exercising your rights
- Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects
Depending upon the state where you live, you may also have the following rights:
- Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law)
- Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including Oregon's privacy law)
- Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California's privacy law)
- Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida's privacy law)
How to Exercise Your Rights
To exercise these rights, you can contact us by submitting a data subject access request, by emailing us at help@groovehealth.com, or by referring to the contact details at the bottom of this document.
Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.
Request Verification
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.
If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.
Appeals
Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at help@groovehealth.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.
California "Shine The Light" Law
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?"
We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to website visitors, users, and other consumers.
12. Do We Make Updates to This Notice?
We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.
13. How Can You Contact Us About This Notice?
If you have questions or comments about this notice, you may email us at help@groovehealth.com or contact us by post at:
Groove Health, Inc.
1152 Miller Ave
Berkeley, CA 94708
United States
14. How Can You Review, Update, or Delete the Data We Collect From You?
You have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.
Consent for Treatment
Treatment Authorization
I consent to evaluation and/or treatment by Groove Medical Group ("Groove Medical," "we," "our," "us") by health staff, which may include physicians, nurse practitioners, physicians assistants, physical therapists, or other professionally licensed staff. I also authorize such treatment or diagnostic studies as, in the judgement of the healthcare staff, may reasonably be necessary to preserve and protect my health and wellbeing.
Groove Medical provides physician-supervised, physical therapist-led treatment for patients experiencing chronic musculoskeletal pain, osteoporosis, arthritis, back pain, and other related conditions. Groove Medical's services are provided remotely via telehealth technologies.
I understand that no guarantee is being made to me regarding results of treatment. I understand that there are inherent risks in treatment and that there may be adverse side effects and results that are not anticipated.
I consent to be treated with knowledge of possible risks and understand that I will be informed of possible adverse effects when applicable.
Communications between a physician, nurse practitioner, or other professionally licensed health staff and a patient are confidential. Confidentiality prohibits the disclosure of information related to the healthcare staff-patient relationship without consent from the patient.
I will have completed the Practice's Authorization for Use/Disclosure of Protected Health Information, and have received and reviewed the Practice's Notice of Privacy Practices.
I can withdraw this consent for treatment at any time by providing written notice to Practice staff.
Telehealth Services
By signing this form, I understand and agree with the following:
I understand that telehealth/telemedicine requires the transmission of personal health information via internet and/or other electronic communication methods, for use in diagnosis, therapy, follow-up, and/or education. The personal health information transmitted may include but not be limited to:
- Progress reports, assessments, or other intervention-related documents
- Bio-physiological data
- Videos, images, text messages, audio, and data in digital format
I understand that healthcare providers involved in telehealth/telemedicine may include physicians, nurse practitioners, physicians assistants, physical therapists, or other professional licensed staff who are a part of my clinical care team. In addition, my family members, caregivers, or other legal representatives or guardians may participate in the telehealth/telemedicine service, and I agree to share my personal health information with them as needed.
I understand that individuals other than my clinical care team or consulting providers may also be present and have access to my information while in the process of operating, maintaining, or repairing the computer, video, or audio equipment used. These persons will adhere to applicable privacy and security policies.
I understand that the laws that protect privacy and the confidentiality of personal health information also apply to telehealth/telemedicine, and that no information obtained in the use of telehealth/telemedicine that identifies me will be disclosed to anyone without my consent except for the purposes of treatment, education, billing, and/or healthcare operations.
I understand that, as with any internet-based communication, telehealth/telemedicine involves a risk of security breach. Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data, and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
I understand that telehealth/telemedicine sessions may not always be possible. Disruptions of signals or problems with the internet's infrastructure may cause broadcast and reception problems (e.g., poor picture or sound quality, dropped connections, and/or audio interference) that prevent effective interaction between consulting clinician(s), participant, patient, or care team. In the event of a session interruption or technology equipment failure, please try to reconnect or contact us at (415) 949-2691.
I hereby release and hold harmless Groove Medical and all members of my care team from any loss of data or information that may be due to technical failures associated with the telehealth/telemedicine service.
I understand that the health information that I provide at the time of my telehealth/telemedicine service may be the only source of health information used by the medical professionals during the course of my evaluation and treatment at the time of my telehealth/telemedicine visit, and that such professionals may not have access to my full medical record or information held by Groove Medical.
I understand that I will be given information about test(s), treatments(s) and procedures(s), as applicable, including the benefits, risks, possible problems or complications, and alternate choices for my medical care through the telehealth/telemedicine visit. I voluntarily consent to care involving test(s), treatment(s), and procedure(s) as ordered by my provider, via the use of telehealth/telemedicine.
I understand that a variety of alternative methods of health care may be available to me, and that I may choose one or more of these at any time. My provider has explained the alternatives to my satisfaction.
I understand that I have the right to withhold or withdraw consent to the use of telehealth/telemedicine services at any time and revert back to traditional in-person clinical services. I understand that if I withdraw my consent for telehealth/telemedicine, it will not affect any future services or care benefits to which I am entitled.
I understand that I have the right to inspect all information obtained and recorded in the course of a telehealth/telemedicine interaction, and that I may receive copies of this information for a reasonable fee.
I understand that I may anticipate benefits from the use of telehealth/telemedicine in my care, but that no results can be guaranteed or assured.
I understand that I or my insurance may be billed for telehealth/telemedicine services. There may be additional fees associated with the telehealth/telemedicine visit. I am responsible for and agree to pay any deductible or co-payment.
I hereby consent to the use of telehealth/telemedicine in the provision of care, under the terms and conditions set forth above.
Transcription Services
In an effort to focus more attention on you, our patient, Groove Medical Group ("Groove Medical," "we," "our," "us") partners with a medical transcription company. The transcription service documents the appointment and builds a summary of your visit, including any recommended medications, imaging, diagnostics, and other treatments. This frees your doctor from typing notes during and after the appointment, allowing your doctor to provide more time and attention to you and your needs. We are required by state law to seek and obtain your permission before providing such services.
This service consists of live audio and video recording of your appointment and other conversations during an appointment. Unless notified otherwise, you should assume during a video or phone session that audio and video data is being transmitted to the transcription service. We only use the relevant portions of the audio and video data for the purposes of transcribing your appointment and not for any other purpose. Your provider will review and edit the transcript for accuracy before its finalized in your medical record. You have the right to opt out or request that the audio and/or video transcript be stopped at any point during you appointment, and doing so will not affect the care you receive.
We and our transcription partner take your privacy and data security very seriously, and we have implemented measures designed to secure the information, including the use of HIPAA compliant AES-256 Bit encryption technology for all transmission and storage. Our transcription partner maintains the encrypted audio and video data on its servers behind firewalls.
We appreciate your understanding and support as medical transcription helps us provide better care to you. If at any point you or any visitors with you wish to turn off this service, simply notify our team, and it will be turned off immediately.
By consenting below, you and any visitors with you expressly consent to Groove Medical and our transcription partner to record audio and video of your visit, transcribe and document your appointment.
Financial Responsibility
Thank you for choosing Groove Medical Group PA ("Groove Medical," "we," "our," "us") as your health care provider. We are committed to providing quality care and service to all of our patients. The following is a statement of our financial policy, which we require that you read and agree to prior to any treatment.
Financial responsibility. Please understand that payment of your bill is considered part of your treatment. Fees are payable when services are rendered. You are ultimately responsible for all payment obligations arising out of your treatment or care and guarantee payment for these services. We accept cash, check, credit cards, and pre-approved insurance for which we are a contracted provider, if applicable.
Your responsibility to understand your insurance benefits. It is your responsibility to know your own insurance benefits, including whether we are a contracted provider with your insurance company, your covered benefits and any exclusions in your insurance policy, and any pre-authorization requirements of your insurance company.
We will attempt to confirm insurance coverage. We will attempt to confirm your insurance coverage prior to your treatment. It is your responsibility to provide current and accurate insurance information, including any updates or changes in coverage. Should you fail to provide this information, you will be financially responsible. By signing below, you authorize Groove Medical to verify your insurance benefits and submit your claim to your insurance carrier or other plan provider. You agree to facilitate payment of claims by contacting your insurance carrier or other plan provider when necessary. You authorize Groove Medical and associated physicians, nurse practitioners, physicians assistants, physical therapists, or other professional licensed staff who are part of my clinical care team to release patient information acquired in the course of your examination and/or treatment, including but not limited to medical records, notes, test results, or other documents related to your treatment that is deemed necessary to process your claim.
We bill insurance first, then you. If we have a contract with your insurance company we will bill your insurance company first, less any copayment(s) or deductible(s), and then bill you for any amount determined to be your responsibility. This process generally takes 45-60 days from the time the claim is received by the insurance company.
You are responsible if we are not contracted with your insurance company. If we do not contract with your insurance company, you will be expected to pay for all services rendered at the end of your visit. We will provide you with a statement that you can submit to your insurance company for reimbursement.
Proof of payment and photo ID are required for all patients. We will ask to make a copy of your ID and insurance card for our records. Providing a copy of your insurance card does not confirm that your coverage is effective or that the services rendered will be covered by your insurance company.
Out-of-network benefits may have additional charges. Please understand some insurance coverages have Out-of-Network benefits that have co-insurance charges, higher co-payments and limited annual benefits. If you receive services are part of an Out-of-Network benefit, your portion of financial responsibility may be higher than the In-Network rate.
I have read the financial policies contained above, and my consent below serves as acknowledgement of a clear understanding of my financial responsibility. I understand that if my insurance company denies coverage and/or payment for services provided to me, I assume financial responsibility and will pay all such charges in full.
HIPAA Notice of Privacy Practices
Groove Medical Group PA ("Groove Medical," "we," "our," "us") and its employees are dedicated to maintaining the privacy of your personal health information ("PHI"), as required by applicable federal and state laws. These laws require us to provide you with this Notice of Privacy Practices ("Notice"), and to inform you of your rights and our obligations concerning Protected Health Information, or PHI, which is information that identifies you and that relates to your physical or mental health condition. We are required to follow the privacy practices described below while this Notice is in effect.
A. Permitted Disclosures of PHI
We may disclose your PHI for the following reasons:
1. Treatment
Groove Medical may use or disclose your PHI to facilitate medical treatment or services by physicians or other healthcare providers. We may disclose PHI about you to health care providers, including physicians, nurses, technicians or personnel who are involved with the administration of your care and need the information to take care of you.
2. Payment
We may use or disclose your PHI to bill and collect payment for the services we provide to you. For example, we may send a bill to you or to a third-party payor for the rendering of services by us. The bill may contain information that identifies you, your diagnosis and procedures and supplies used. We may need to disclose this information to insurance companies to establish insurance eligibility benefits for you. We may also provide your PHI to our business associates, such as billing companies, claims processing companies and others that process our healthcare claims.
3. Healthcare Operations
We may disclose your PHI in connection with our healthcare operations. Healthcare operations include quality assessment activities, reviewing the competence or qualifications of healthcare professionals, evaluating provider performance, and other business operations. For example, we may use your PHI to evaluate the performance of the healthcare services you received. We may also provide your PHI to accountants, attorneys, consultants and others to make sure we comply with the laws that govern us.
4. Emergency Treatment
We may disclose your PHI if you require emergency treatment or are unable to communicate with us.
5. Family and Friends
We may disclose your PHI to a family member, friend or any other person who you identify as being involved with your care or payment for care, unless you object.
6. Required by Law
We may disclose your PHI for law enforcement purposes and as required by state or federal law. For example, the law may require us to report instances of abuse, neglect or domestic violence; to report certain injuries such as gunshot wounds; or to disclose PHI to assist law enforcement in locating a suspect, fugitive, material witness or missing person. We will inform you or your representative if we disclose your PHI because we believe you are a victim of abuse, neglect or domestic violence, unless we determine that informing you or your representative would place you at risk. In addition, we must provide PHI to comply with an order in a legal or administrative proceeding. Finally, we may be required to provide PHI in response to a subpoena discovery request or other lawful process, but only if efforts have been made, by us or the requesting party, to contact you about the request or to obtain an order to protect the requested PHI. Notwithstanding the foregoing, to the extent that we have your substance use disorder patient records, subject to 42 CFR Part 2, we will not share that information for investigations or legal proceedings against you without (i) your written consent or (ii) a court order and a subpoena.
7. Serious Threat to Health or Safety
We may disclose your PHI if we believe it is necessary to avoid a serious threat to the health and safety of you or the public.
8. Public Health
We may disclose your PHI to public health or other authorities charged with preventing or controlling disease, injury or disability, or charged with collecting public health data.
9. Health Oversight Activities
We may disclose your PHI to a health oversight agency for activities authorized by law. These activities include audits; civil, administrative or criminal investigations or proceedings; inspections; licensure or disciplinary actions; or other activities necessary for oversight of the health care system, government programs and compliance with civil rights laws.
10. Research
We may disclose your PHI for certain research purposes, but only if we have protections and protocols in place to ensure the privacy of your PHI.
11. Workers' Compensation
We may disclose your PHI to comply with laws relating to workers' compensation or other similar programs.
12. Specialized Government Activities
If you are active military or a veteran, we may disclose your PHI as required by military command authorities. We may also be required to disclose PHI to authorized federal officials for the conduct of intelligence or other national security activities.
B. Disclosures Requiring Written Authorization
1. Not Otherwise Permitted. In any other situation not described in Section A above, we may not disclose your PHI without your written authorization.
2. Marketing and Sale of PHI. We must receive your written authorization for any disclosure of PHI for marketing purposes or for any disclosure which is a sale of PHI.
C. Your Rights
1. Right to Receive a Paper Copy of This Notice. You have the right to receive a paper copy of this Notice upon request.
2. Right to Access PHI. You have the right to inspect and copy your PHI for as long as we maintain your medical record. You must make a written request for access to the Compliance Officer at the address listed at the end of this Notice. We may charge you a reasonable fee for the processing of your request and the copying of your medical record pursuant to state law. In limited circumstances we may deny your request to access your PHI, and you may request that we reconsider our denial. Depending on the reason for the denial, another licensed health care professional chosen by us may review your request and the denial.
3. Right to Request Restrictions. You have the right to request a restriction on the use or disclosure of your PHI for the purpose of treatment, payment or health care operations, except for in the case of an emergency. You also have the right to request a restriction on the information we disclose to a family member or friend who is involved with your care or the payment of your care. However, we are not legally required to agree to such a restriction.
4. Right to Restrict Disclosure for Services Paid by You in Full. You have the right to restrict the disclosure of your PHI to a health plan if the PHI pertains to health care services for which you paid in full directly to us.
5. Right to Request Amendment. You have the right to request that we amend your PHI if you believe it is incorrect or incomplete, for as long as we maintain your medical record. We may deny your request to amend if (a) we did not create the PHI, (b) is not information that we maintain, (c) is not information that you are permitted to inspect or copy (such as psychotherapy notes), or (d) we determine that the PHI is accurate and complete.
6. Right to an Accounting of Disclosures. You have the right to request an accounting of disclosures of PHI made by us (other than those made for treatment, payment or health care operations purposes) during the 6 years prior to the date of your request. You must make a written request for an accounting, specifying the time period for the accounting, to the Compliance Officer at the address listed at the end of this Notice.
7. Right to Confidential Communications. You have the right to request that we communicate with you about your PHI by certain means or at certain locations. For example, you may specify that we call you only at your home phone number, and not at your work number. You must make a written request, specifying how and where we may contact you, to the Compliance Officer at the address listed at the end of this Notice.
8. Right to Notice of Breach. You have the right to be notified if we or one of our business associates become aware of a breach of your unsecured PHI.
D. Changes to this Notice
We reserve the right to change this Notice at any time in accordance with applicable law. Prior to a substantial change to this Notice related to the uses or disclosures of your PHI, your rights or our duties, we will revise and distribute this Notice.
E. Acknowledgment of Receipt of Notice
We will ask you to sign an acknowledgment that you received this Notice.
F. Questions and Complaints
If you would like more information about our privacy practices or have questions or concerns, please contact us. If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made regarding the use, disclosure, or access to your PHI, you may complain to us by contacting the Compliance Officer at the address and phone number at the end of this Notice. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file such a complaint upon request.
We support your right to the privacy of your PHI. We will not retaliate in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.
Please direct any of your questions or complaints to:
Privacy/Compliance Officer
Groove Medical Group PA
help@groovehealth.com
Assignment of Benefits
Release of Information: I authorize Groove Medical Group, P.A. and/or Groove Medical Group West, P.C. ("Groove Medical") to disclose and release to my insurance carrier(s), including Medicare, Medicaid, Medigap/Supplement benefits providers, and private insurers, as applicable, my medical and treatment information needed for payment purposes for services rendered. I authorize use of this form for the release of information needed to process claims to all my insurance carrier(s) and its authorized agents. I authorize Groove Medical to act as my agent in helping obtain payment from my insurance carrier(s).
Assignment of Benefits: I assign all payments, rights, and claims for reimbursement of claims, costs, and expenses allowable under my insurance plan(s) directly to Groove Medical for services rendered. I understand I will receive a statement for any balance due by me, and I agree to make full payment upon receipt of the statement after insurance has met its obligation.
Agreement of Responsibility: I understand that co-payment is due at the time of service (coinsurance and deductibles may also be collected at the time of service). I understand I am financially responsible for charges not covered by my insurance carrier. I also agree to pay any outstanding balance upon demand by Groove Medical. For Medicare beneficiaries, any required ABN will be provided when applicable.
Medicare Authorization: If a Medicare beneficiary, I understand my signature requests payments to be made and authorizes the release of medical information necessary to pay claims. If "other health insurance" is indicated in item 9 of the HCFA-1500 Form, or elsewhere on approved claim forms, or electronically submitted claims, my signature authorizes the release of information to insurance companies or its authorized agents. In Medicare-assigned cases, Groove Medical agrees to accept the charge of determination of the Medicare carrier as the full charge, and I agree that I am responsible for deductible, coinsurance, and non-covered services. Coinsurance and deductibles are based upon the charge determination of the Medicare carrier.
A copy of this authorization is as valid as the original. This authorization may be revoked in writing, except to the extent action has been taken in reliance on this authorization.