Relationship with Hoopcare. Hoopcare provides (a) consumer tools that help people prepare for procedures and anesthesia readiness, (b) research and analytics platforms that collect and analyze health data, and (c) technology solutions for healthcare organizations, payers, life sciences, and other health companies (each a “Subscriber”). You might access the Services directly or because a Subscriber invited you to a program (each a “Program”).
If you enroll in a Program, additional terms in the Supplemental Terms apply. You acknowledge that (1) Hoopcare can provide your Program Data (defined below) and other personal information to the Subscriber(s) linked to your account, (2) our use of Program Data can be governed by our agreement with the Subscriber, and (3) a Subscriber can change eligibility or discontinue a Program; if you no longer qualify, you can keep using the Software but some Program features can stop.
You might have separate agreements with a Subscriber — for example a protocol, privacy notice, consent, authorization, or waiver. You are responsible for following those terms.
If you use any clinical Care Program described in the Supplemental Terms, your relationship with Hoopcare Medical of Florida, P.A. and other affiliated professional entities is subject to those Supplemental Terms.
Eligibility; Representations and Warranties. The Services are for users 18+ only. Meeting the age requirement does not guarantee access to all features — Subscribers or clinical programs can set other criteria.
As a condition of use, you represent and warrant:
• You read and understand these Terms.
• You have legal authority to agree and did not provide false information to gain access.
• If you access a Program for someone else, you are the Participant or the Participant’s legal representative. If you are not the Participant:
— You have all consents and permissions required by law to view the Participant’s information and to act for the Participant in the Services.
— You will keep any information you access confidential.
Emergency. Do not use the Services for emergencies. Call 911, contact your doctor, or go to the nearest emergency department.
Hoopcare is not a healthcare provider — clinical Care Programs are separate. Hoopcare, Inc. does not provide medical services through the Services. Content is informational — not medical advice, diagnosis, or a treatment plan. Direct questions about your condition to your clinician. Healthcare providers who deliver services through any Care Program control clinical judgment and how they use information you provide. When clinical services are offered, they are provided by Hoopcare Medical of Florida, P.A. or another licensed professional entity, under separate notices and consents.
Use of AI Features. The Services use large language models and other AI features (“AI Features”) to process Program Data and User Content and to generate outputs (“Outputs”). Outputs are not verified, endorsed, or guaranteed as accurate, complete, or current. Review and confirm Outputs before you rely on them. AI Features do not diagnose or treat conditions and do not replace professional medical advice. The warranty disclaimers and liability limits in these Terms apply to AI Features.
Updates to these Terms. We improve the Services continuously. We can add or remove features, or suspend or stop Services, with or without notice. We can modify these Terms. We post changes in the Service — continued use means you accept the updated Terms. The “Last Updated” date shows when changes were posted.
Privacy. See our Privacy Policy for how we handle personal information.
Create an account to use the Services. Provide current, accurate, and complete information and keep it updated. Keep your credentials confidential. Do not share your password or use another person’s account. Change your password if you think it was compromised. Notify Hoopcare of unauthorized access at support@hoopcare.com. You are responsible for all activity under your account. We can take steps we consider reasonable to protect the Service.
Identity verification. Account creation can include identity verification (“IDV”) using a valid government ID. Use your own ID and provide accurate information. A trusted verification partner processes IDV. We receive and retain information needed to enable the Services.
We send electronic communications — for example emails to your registered address, SMS if you opt in, and notices inside the Service. These include operational messages, Program information, and product feedback requests. By providing a phone number you consent to receive SMS. Your carrier can charge data or messaging fees. You can opt out of SMS by following the message instructions; you can opt out of certain emails by using the unsubscribe link.
Electronic signatures. Clicking buttons, typing your name, or taking similar actions in the Service constitutes your electronic signature and agreement. Keep copies of important electronic communications for your records. No third-party certificate is required to validate your electronic signature.
Ownership. As between you and Hoopcare, Hoopcare owns the Services and all content, features, and functionality (excluding User Content). That includes software, text, design, look and feel, and other intellectual property (“Services Content”). You cannot reproduce, publish, distribute, modify, reverse engineer, disassemble, make derivative works of, publicly display or perform, download, store, transmit, sell, or exploit the Services or Services Content except as these Terms allow. Any copy, modification, enhancement, translation, or derivative work of the Services or Services Content belongs to Hoopcare or its licensors.
Marks. Names, logos, and other brand elements are trademarks or service marks (“Marks”) of Hoopcare or its affiliates. Do not use any Marks without written permission.
Your License. Subject to these Terms, Hoopcare grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services and Services Content for your personal, non-commercial use.
Program Data. The Services let you upload, store, and share content — data, notes, messages, text, and other materials — for Programs you use (“Program Data”). We collect and use Program Data for troubleshooting, development, operations, analytics, marketing communications you agree to receive, and other business purposes under applicable law. When a Subscriber sponsors your Program, Program Data we handle for that Program is also subject to our Subscriber agreement and any consents or authorizations we obtain from you. You are responsible for the accuracy and reliability of Program Data you submit.
User Content. The Services also let you upload, store, and share content not tied to a Subscriber or Program (“User Content”). Program Data is not User Content. You retain rights in your User Content, subject to the license below.
License to Hoopcare. You grant Hoopcare a worldwide, royalty-free, non-exclusive, transferable, perpetual, irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display, and create derivative works from your User Content as allowed by law. This can include use of User Content in AI Features to improve Services. You waive any right to compensation for User Content. You represent you have all rights needed to grant this license and that use of your User Content is lawful.
Content review. Hoopcare can review, remove, or delete User Content at its discretion. Removing User Content does not affect licenses already granted under these Terms.
Feedback. If you give Feedback — ideas, concepts, know-how — you grant Hoopcare a worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable, sublicensable license to use, analyze, adapt, and commercialize the Feedback for any purpose. Feedback is not confidential.
We respond to DMCA notices and terminate repeat infringers. Send copyright inquiries to contact@hoopcare.com.
You agree that in using or accessing the Services, you will not, and will not attempt to:
• Impersonate others or misrepresent affiliation.
• Violate laws or regulations.
• Reverse engineer, data mine, disassemble, decompile, or translate Service software.
• Distribute malware or harmful code.
• Infringe or violate others’ rights.
• Use robots, spiders, or scrapers without written permission or bypass access controls.
• License, sell, transfer, copy, lease, or otherwise exploit the Services or content except as allowed here.
• Build a competing product or harm Hoopcare’s business.
• Damage, disrupt, disable, impair, or overload the Services.
• Frame the Services or use Marks without consent.
• Post unlawful, harmful, harassing, defamatory, obscene, hateful, violent, discriminatory, or infringing content; seek others’ personal information; or content harmful to children.
• Harass, threaten, defame, or intimidate users.
• Violate Service security or attempt unauthorized access.
• Bypass or disable security controls.
• Remove or alter notices or proprietary legends.
• Copy or monitor content for an unauthorized purpose.
• Send advertising or promotional material without consent.
• Copy or aggregate Service data into a database or similar product.
• Exceed the scope of use granted in these Terms.
• Encourage or enable others to do any of the above.
We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
You can connect third-party services and devices. By connecting, you consent to our access, use, storage, and sharing of your data with those services and devices. Connected data can flow into your health records and be shared with providers through Health Information Exchanges (“HIE”) as described in the Notice of Privacy Practices.
The Services link to third-party content and services. We do not control or endorse them and are not responsible for their accuracy, policies, or features. Use them at your own risk.
Hoopcare can suspend or terminate access and the rights granted by these Terms, with or without notice, for any reason, including violations of these Terms. The following survive termination: Ownership and License; Program Data; User Content; Feedback; Indemnification; Disclaimer of Warranties; Limitation of Liability; Governing Law, Dispute Resolution, Arbitration; and Miscellaneous Terms.
Request account deactivation or deletion at support@hoopcare.com. We remove information as appropriate, subject to legal or contractual retention duties. We can retain and continue to use data covered by a license or consent — for example research, product development, or model training — consistent with these Terms and our Privacy Policy.
You agree to indemnify, defend, and hold harmless Hoopcare, its affiliates, and their officers, directors, employees, contractors, agents, and licensors from third-party claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of the Services or content, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms. We can assume exclusive defense at your expense; you will cooperate. Do not settle without our written consent.
The Services and content are provided “as is” and “as available.” Hoopcare and its affiliates, service providers, licensors, and suppliers disclaim all warranties — express or implied — including merchantability, fitness for a particular purpose, non-infringement, title, availability, security, accuracy, completeness, timeliness, reliability, and freedom from viruses or malware. We do not warrant uninterrupted or error-free operation.
To the maximum extent allowed by law, Hoopcare and its affiliates are not liable for indirect, incidental, consequential, punitive, exemplary, or special damages; loss of revenue, profits, goodwill, data; service interruption; device damage; system failure; substitute goods or services; or personal injury or emotional distress, including death, arising from or related to your use of the Services — even if advised of the possibility. Total aggregate liability to you for all claims is capped at $100.
Some jurisdictions restrict disclaimers or limits; those terms apply only to the extent allowed there.
Read carefully — this section requires individual arbitration and waives jury trial and class actions.
Governing law. Delaware law governs these Terms and your use of the Services, without regard to conflict-of-laws rules. For disputes not subject to arbitration, exclusive jurisdiction lies in the state and federal courts in Delaware.
Informal resolution. First email support@hoopcare.com with a description of the dispute. If not resolved within 30 days, both parties proceed to individual arbitration.
Agreement to arbitrate. Unresolved disputes go to binding arbitration, except each party can (i) bring an individual action in small claims court or (ii) seek injunctive or equitable relief for intellectual property rights. You can opt out of arbitration within 30 days of first accepting these Terms by emailing support@hoopcare.com with “Arbitration Opt-Out.” If you do not opt out, you and we waive jury trial and class actions. The arbitrator cannot consolidate claims or preside over class or representative proceedings. If a court finds the class-waiver limits unenforceable for a specific claim, that claim is severed and filed in court; all other claims stay in arbitration.
Rules and forum. The American Arbitration Association administers arbitration under its Consumer Rules. The Federal Arbitration Act governs interpretation and enforcement.
Process. Send a written Demand for Arbitration per AAA rules. The arbitrator is a retired judge or licensed attorney chosen from AAA’s roster; if the parties cannot agree within 7 days, AAA appoints the arbitrator.
Location and procedure. Arbitration occurs at a convenient location determined by AAA, by mutual agreement, by videoconference, or at your election. For claims ≤ $10,000, the arbitrator can decide on documents unless a hearing is requested or required. The arbitrator can direct a reasonable exchange of information.
Decision. The arbitrator issues a written award with essential findings. Judgment can be entered in any court with jurisdiction. Damages must align with the Limitation of Liability section. The arbitrator can award individual declaratory or injunctive relief as warranted. If you prevail, you can recover fees as allowed by law. We waive recovery of our attorneys’ fees if we prevail, where the law allows.
Fees. AAA filing, administrative, and arbitrator fees follow AAA rules. For claims ≤ $75,000, we pay those fees unless the arbitrator finds the claim frivolous or filed for an improper purpose.
Changes. If we change this Dispute Resolution section later, you can reject the change by emailing support@hoopcare.com within 30 days of the effective date. The prior version then applies to you.
No Class Actions
You and Hoopcare can bring claims only in an individual capacity — not as a class member or representative.
Software updates. The Services can load client-side code that updates automatically to the latest version. The Services can include open-source components under their own licenses.
Notice. Email support@hoopcare.com. Notice is deemed delivered when we confirm receipt.
No waiver. Our failure to enforce any term is not a waiver.
No agency. These Terms do not create a partnership, joint venture, employment, or agency relationship. You cannot bind Hoopcare.
Remedies. Your violation or threatened violation of these Terms causes irreparable harm. We can seek injunctive or equitable relief in addition to other remedies.
Assignment. You cannot assign rights under these Terms. Hoopcare can transfer its rights and obligations without further consent in connection with a merger, asset sale, or similar transaction.
Notice for California users. If you are a California resident, you waive Civil Code §1542: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected the settlement.”
Headings. Headings are for convenience only.
Entire Agreement. These Terms are the entire agreement between you and Hoopcare for the Services and supersede prior communications and agreements on the subject, except for other agreements you enter into with Hoopcare.
Email support@hoopcare.com
Mailing address — 8 Market Place, Baltimore, 21202, MD
Clinical services — including telehealth — are provided by licensed professional entities such as Hoopcare Medical of Florida, P.A. (“Professional Entities”). Non-clinical coaching and technology are provided by Hoopcare, Inc. When you interact with clinicians through the Services, you form a provider-patient relationship with the applicable Professional Entity — not with Hoopcare, Inc.
Consent to use and disclose health information. Where required, you authorize the Professional Entities and Hoopcare’s vendors to use and disclose your health information — including Highly Confidential Information defined below — for treatment, payment, operations, and other permitted purposes, as described in the Notice of Privacy Practices and the HIPAA Authorization.
“Highly Confidential Information” includes information about: substance use disorder treatment; genetic tests; mental health or developmental disability; psychiatric treatment; HIV/AIDS testing, status, or treatment; communicable or blood-borne diseases; sexually transmitted diseases; child or domestic abuse or neglect; abuse of an adult with a disability; sexual assault; maternity records; infertility or fertility assistance; and other categories protected by law. You authorize releases to any payer responsible for payment to verify coverage or benefits and for workers’ compensation claims where applicable.
To the extent held by a Professional Entity, you authorize disclosures of Highly Confidential Information to Hoopcare, Inc. and its agents to facilitate Care Program Services, support case management and care coordination, obtain payment, and carry out operations, consistent with law.
Consent to phone, SMS, and email. You authorize the Professional Entities to send confidential communications — including test results, appointment reminders, video links, payment authorizations, and password changes — to your phone numbers and email addresses on file. SMS and email can be unencrypted and carry risk of unauthorized access. The Professional Entities are not responsible for access after transmission.
Financial Responsibility and Assignment of Benefits (if applicable to a Care Program)
Your financial responsibility. Some Care Programs can be covered by an employer or health plan. Your plan might not pay the full bill — you are responsible for non-covered charges, copays, coinsurance, and deductibles. Payment is due by the date on the statement. Provide proof of insurance and ID upon request. If collection actions are needed, you agree to pay related fees and attorneys’ fees.
Assignment of benefits. You assign to the Professional Entities all health insurance benefits payable for services they provide. For Medicare claims, you certify information is correct and authorize releases to CMS and its contractors. You authorize the Professional Entities and their agents to release information needed to process claims and authorize direct payment to the Professional Entities. If your plan pays you directly, you agree to forward those funds to the Professional Entities immediately.
Third-Party Data Services
Some features require accounts with third-party tools to share device or portal data with the Professional Entities and Hoopcare — for example HIE connections, patient portals, or device data platforms. Review each third party’s privacy policy before connecting.
