Terms of service

1. Agreement to these terms

These terms of service (the "Terms") apply to your use of the Services. By using the Services, you agree to these Terms and to our privacy policy. If you do not agree, do not use the Services.

Clinics that use Compound Care sign a separate agreement with us, which governs their use of the Services and controls where it differs from these Terms. If you use the Services on behalf of a Clinic or other organization, you agree to these Terms for that organization and confirm you have authority to do so.

2. Definitions

• "Compound Care," "we," "us," and "our" mean Compound Care, the provider of the Services.
• "Clinic" means a primary care practice that uses Compound Care for its patients.
• "Services" means compoundcare.co (the "Website"), the patient portal, and the calls, care lines, and text messages we provide for Clinics.
• "Patient" means a patient of a Clinic, and "Caregiver" means a person a Patient has allowed, and the Clinic has recorded, to use the patient portal for them.
• "You" means the person using the Services.

3. Who may use the Services

You must be at least 18 years old, or use the Services with a parent, guardian, or other legal representative. You may use the patient portal only as the Patient, or as a Caregiver the Patient and Clinic have allowed. Clinic staff use our staff tools under their Clinic's agreement with us.

4. Not for emergencies; not medical advice

If you think you have a medical emergency, call 911 now. If you are thinking about harming yourself, call or text 988, the Suicide and Crisis Lifeline.

The patient portal and our care lines are not for emergencies and are not monitored at all times. For anything urgent, call your Clinic's 24-hour line.

Compound Care is not a health care provider and does not practice medicine. Our automated assistants and staff support your Clinic's care team; they do not diagnose, treat, prescribe, or give medical advice, and nothing in the Services replaces advice from your doctor or other clinician. Your Clinic's clinicians make the decisions about your care, and your Clinic reviews and approves the care plans and other documents we help prepare.

5. The patient portal

• Signing in. You sign in with the Patient's name and date of birth and a one-time code we send to the phone number the Clinic has on file, by text or phone call, or with a code the Clinic gives you. Keep your codes private, and do not let anyone else use your access.
• Caregivers. A Caregiver may use the portal only for the Patient who allowed it, and only while the Clinic has the Caregiver on record. A Patient can ask the Clinic to remove a Caregiver at any time.
• Messages. Messages are for non-urgent questions and requests. An automated assistant may answer simple questions from your Clinic's records, such as your medicines on file or your next appointment, and sends requests and clinical questions to your Clinic. Messages are answered automatically; no person reads them or replies. When the assistant can't help, it gives you your Clinic's phone number to call, and your Clinic decides how to answer clinical questions.
• Accuracy. Information in the portal comes from your Clinic's records. If something looks wrong, tell your Clinic.

6. Calls from Compound Care

With your Clinic, we may call you for check-in calls as part of your care, using an automated assistant on the Clinic's behalf. Calls may be recorded and transcribed for your care record and for quality review, with notice where the law requires it. You can ask not to be called, or not to be recorded, by telling the assistant or your Clinic. If you call a Clinic's care line that we answer, we verify who you are, including that you are calling from a phone number on file for you, before we share any information.

7. Text message sign-in codes

Compound Care sends one-time sign-in codes by text message for your Clinic's patient portal. A code is sent only when you ask for one on the portal's sign-in page and check the box agreeing to receive it by text, and only to the phone number your Clinic has on file. We never send marketing messages through this program.

• Message frequency: one message for each code you ask for, so message frequency varies with how often you sign in.
• Cost: message and data rates may apply. Compound Care does not charge for codes.
• Help: reply HELP for help, or email hello@compoundcare.co.
• Stopping: reply STOP to stop receiving texts. After STOP, you can still sign in with a phone call code or a code from your Clinic, and you can text START to receive texts again.
• Carriers are not liable for delayed or undelivered messages.
• No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. See our privacy policy.

8. Acceptable use

You agree not to:

• sign in as someone else, or try to get into accounts or records that are not yours;
• give false information, or misuse sign-in codes or another person's phone;
• interfere with or disrupt the Services, probe or test their security without our written permission, or get around any security measure;
• copy, scrape, reverse engineer, or resell the Services, except where the law allows it despite this limit;
• send anything unlawful, threatening, or harmful, or any malicious code; or
• use the Services in violation of any law.

9. Website content and intellectual property

The Services, including their software, design, text, and the Compound Care name and logo, are owned by Compound Care or its licensors and protected by intellectual property laws. We give you a limited, personal, non-transferable, revocable right to use the Services as these Terms allow, and we keep all other rights.

Information on the Website about Medicare programs, billing codes, and requirements is general education. It is not billing, coding, legal, or medical advice, and it may not be current. Clinics are responsible for their own coding and billing decisions.

If you send us feedback or suggestions, we may use them without any obligation to you.

10. Third-party services

The Services rely on, or link to, services run by others, such as phone carriers, scheduling, and your Clinic's electronic health record. We are not responsible for those services, and their own terms and privacy policies apply to your use of them.

11. Privacy

Our privacy policy explains how we handle personal information. Health information we handle for Clinics is protected by HIPAA and by our business associate agreements with them.

12. Suspension and termination

You may stop using the Services at any time. We may suspend or end your access, with or without notice, if we reasonably believe you broke these Terms, to protect Patients, Clinics, or the Services, if the law requires it, or if your Clinic stops using Compound Care. Sections that by their nature should continue, including sections 9 and 13 through 18, continue after your access ends.

13. Disclaimers

To the fullest extent the law allows, the Services are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise that the Services will be uninterrupted, error-free, or secure, or that any message, call, or code will be delivered on time or at all. Some places do not allow these disclaimers, so some may not apply to you.

14. Limitation of liability

To the fullest extent the law allows, Compound Care and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from or related to the Services or these Terms, even if told they were possible. Our total liability for all claims related to the Services or these Terms will not exceed one hundred US dollars (US$100).

These limits do not apply to liability that cannot be limited under the law, including for gross negligence, willful misconduct, or fraud, and they do not affect a Clinic's rights under its agreement with us.

15. Indemnification

To the extent the law allows, you agree to defend and indemnify Compound Care against claims, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services or your violation of these Terms or of another person's rights. This section does not apply to Patients and Caregivers using the patient portal as these Terms allow.

16. Disputes and governing law

If you have a concern, please contact us first at hello@compoundcare.co so we can try to resolve it informally. These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute arising from these Terms or the Services will be resolved in the state or federal courts located in California, and you and we consent to their jurisdiction. Nothing here limits a right you have under consumer protection or other laws that cannot be waived.

17. Changes to these terms

We may update these Terms. We will post the new version here with a new effective date, and if a change is significant, we will give additional notice, such as on the Website or in the patient portal. If you keep using the Services after a change takes effect, you accept the updated Terms.

18. General terms

• Entire agreement. These Terms and our privacy policy are the entire agreement between you and us about the Services, apart from a Clinic's agreement with us.
• Severability. If any part of these Terms cannot be enforced, the rest stays in effect.
• No waiver. If we do not enforce a part of these Terms, we have not given up the right to enforce it later.
• Assignment. You may not transfer these Terms. We may transfer them in a merger, acquisition, or sale of assets.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of carriers, hosting providers, or electronic health records.

19. Contact

Questions about these Terms: hello@compoundcare.co. For questions about your care, contact your Clinic.