Aware Health Terms of Service

Welcome to Aware Physical Therapy (“Aware Health”). By accessing and using our online services through our web-based application (the “Platform”), you agree to be legally bound by these Terms of Use and our Privacy Policy (collectively, this “Agreement”). If you do not agree to these terms, please do not use the Platform or Services. Providers accessing Aware Health’s proprietary web-based application are subject to a separate agreement with Aware Health (“Provider Agreement”).

Last updated Oct 30, 2024

1. Overview of the Platform and Services

The Platform connects Users with third-party healthcare professionals, including physical therapists (“Providers”), and offers real-time monitoring tools for Provider-User communications, as well as a Provider-facing web-based application that tracks and monitors user symptoms and progress. Aware Health itself does not provide medical care, diagnosis, treatment, or medical advice; instead, it facilitates access to Providers who offer various services through the Platform.

Licensed Services:

Unlicensed Services:

2. Accounts

Aware Health grants Users and Providers limited, non-exclusive, non-transferable license to access the Aware Health App and Platform on your device for personal use only:

Aware Health reserves the right to deactivate any account, at its sole discretion, for violations of these Terms of Use, including but not limited to misuse of the Platform, unauthorized sharing of content, or inappropriate communications. Aware Health is not liable for any loss of access to the Platform as a result of such deactivation.

Users must be at least 12 years old to use the Platform. For users between 12 and 18, parental or guardian consent is required. No one under 12 may use the Platform. Aware Health is not responsible for verifying the age of users, and all use of the Platform by those under 18 must comply with local laws.

Users and Providers are required to provide their name, email address, and health information, and agree that all information provided is accurate and will be kept up to date. You are responsible for maintaining the confidentiality of your account and should notify us immediately if you need to deactivate it. Aware Health reserves the right to change or delete your account information at any time.

3. Intellectual Property

Aware Health retains all rights, title, and interest in the Platform, Services, and related intellectual property, and you may not sell, modify, reproduce, publicly perform, or use any Aware Health content for commercial purposes without explicit permission; violation of this clause will result in immediate termination of access to the Platform and Services.

4. Communications

You are welcome to contact us by email or text, but please refrain from sending confidential information. Any communications sent to us may be used for any purpose, including product development and marketing, without compensation or attribution. If you believe a Provider has violated your copyright, please contact us at getwell@awarehealth.io.

5. Disclaimers and Limitations of Liability

Aware Health and its affiliates do not endorse any content provided by Users or Providers on the Platform. The Platform serves as a venue to facilitate communication between Users and Providers Users and Providers assume full responsibility for any actions taken based on recommendations or content available through the Platform. Aware Health is not liable for damages or injuries resulting from the application of information provided through the Platform. Aware Health disclaims all warranties, claims, and representations regarding any Provider-Generated Content or User-Generated Content available through the Platform, including exercise and coaching recommendations.

Aware Health is not a platform for emergency care. In case of a life-threatening emergency, please call 911 or your doctor immediately.

Lifestyle and wellness coaching offered by Providers through the Platform is provided solely for general wellness purposes and does not constitute physical therapy or any other licensed healthcare service (even if delivered by a licensed professiona). Coaching is intended for educational and informational purposes only, and may be provided across state lines. It is not a substitute for medical treatment, advice, or physical therapy.

The Platform and Services are provided "as is" without warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Aware Health does not guarantee the accuracy of content or the qualifications of Providers. In the event of any claim arising from this Agreement or use of the Platform, Aware Health’s liability is limited to direct damages only, excluding incidental, consequential, or punitive damages. Aware Health’s liability will not exceed the amount You have paid to Aware Health for services.

6. Indemnification

You agree to defend, indemnify, and hold harmless Aware Health from any claims, actions, or demands arising from:

7. Binding Arbitration

In the event of a dispute, either party may elect to resolve the matter through binding arbitration governed by the Federal Arbitration Act (FAA). Arbitration will be conducted by the Judicial Arbitration and Mediation Services (JAMS) under its rules. Either party may seek provisional remedies from a court to aid arbitration. The arbitration may be conducted in person, by phone, online, or through document submission. Class action lawsuits are waived under this Agreement.

8. Privacy Policy

Aware Health collects, uses, and stores your information as outlined in the Platform and Service Privacy Policy, which is incorporated by reference as if set forth in full herein. The use of health information by Providers is governed by HIPAA. Aware Health takes reasonable steps to protect your information but cannot guarantee its security. For questions about our Privacy Policy, please email us at getwell@awarehealth.io.

9. Informed Consent to Treatment

By using the Platform, you agree to receive care from licensed physical therapists, understand that telehealth limits hands-on examination, retain the right to refuse any treatment at any time and seek care from other providers, and it is essential that you discuss potential risks, benefits, and alternatives with your Provider prior to treatment.

10. Cancellations

Appointments must be canceled via text at (925) 444-0561 at least 24 hours before the scheduled visit. Failure to cancel in time will result in a no-show designation.

11. Physician Orders

Different states have different rules on the need for a physician order for physical therapy; some states (e.g., Colorado, Kentucky, and Iowa) allow patients to seek physical therapy services directly, while others limit the duration of treatment available without a physician order, such as California, which authorizes up to 45 days or 12 physical therapy visits, whichever comes first, after which a physician order is required to continue care, and certain states require a physician order for all treatment; Aware Health Users and Providers agree to comply with state requirements.

12. Amendment of Terms

Aware Health may update or modify these Terms of Service at any time, and we will notify you of significant changes by posting a notice on the Platform or emailing you directly; by continuing to use the Platform after any changes, you agree to be bound by the modified terms.