Terms of Use

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE (the “TERMS”) BEFORE USING THE SERVICES (defined below).

BY CREATING A user ACCOUNT AND USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.

Any information that We (defined below) collect through Your use of the Services is subject to the Privacy Policy, which is part of these Terms.

By continuing to use the Services, You agree as follows:

You are at least 18 years old or have been legally emancipated;
You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by Us from time to time; and
You understand, accept, and have received these Terms and the Privacy Policy, and acknowledge and demonstrate that You can access these Terms and the Privacy Policy at will.

If You do not agree with and accept the Terms, please discontinue all further use of the Services. Do not continue the registration process and immediately delete all installed files, if any, of the Services from Your device(s).

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE dispute resolution section below, YOU AGREE THAT DISPUTES BETWEEN YOU AND Sana Management WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION and you waive your right TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING LEGAL@SANABENEFITS.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

Terms of Use

Effective: March 5, 2026

These Terms of Use (“Terms”) are a legal contract between You (“You/Your” or “User“) and Sana Management Services, LLC, and/ or its subsidiaries and affiliates (including, where applicable, Sana Benefits, Inc.) (collectively, “Us” or “We” or “Our” or “Sana Management”).

Sana Management is the creator of (i) a mobile application (“Mobile Application”) and a patient-member-facing portal (“Patient Portal”) for patients who are members of Sana Management’s affiliated health plan, Sana Benefits, Inc., or who are otherwise granted access to certain telehealth services without being a Sana Benefits, Inc. plan member (collectively, “Patient Users”) that facilitate access to certain benefits and plan information (where Patient User is a Sana Benefits, Inc. plan member) and certain communication and telehealth services from qualified and authorized providers (each a “Provider User”) that are employed or contracted by Sana Member Services FL, P.A., and other healthcare entities and their affiliates (collectively defined as the “Medical Group”), (ii) an online provider telehealth portal (“Provider Portal”) that enables Provider Users to provide telehealth services to Patient Users and, (iii) an online administrative portal (“Admin Portal”) that enables Sana Benefits, Inc. plan administrators to manage certain administrative and reporting tasks related to their self-funded health insurance programs and enables brokers to manage certain tasks related to their Sana Benefits, Inc. employer group clients (collectively, “Admin Users”), and (vi) a website with a landing page at sanabenefits.com (the “Website”), including all relevant content and functionality associated with the Mobile Application, Provider Portal, Patient Portal, Admin Portal, and Website (collectively, the “Services”). Sana Management is affiliated with certain Medical Groups where Sana Management provides management and administrative services to Medical Groups, and Medical Groups provide medical services, including telehealth services, in certain states where such Medical Groups are authorized to practice.

These Terms govern Your use of the Services and apply to individuals accessing the Services. By accepting these Terms and using the Services, You acknowledge that You have read, understand, and agree to these Terms and Our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy.

Our Medical Services Addendum governs Our provision, and Your use of medical services provided by Medical Groups. Please read the Medical Services Addendum carefully before using Medical Group’s medical services. Please refer to Our Notice of Privacy Practices to learn about Our privacy practices with respect to Your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or “HIPAA”).

WHAT ARE THE SERVICES?

Overview of Services.

For Patient Users:

The Services are intended to provide a convenient platform for Patient Users to use to connect with, and receive telehealth services from, Provider Users.

For Provider Users:

The Services are intended to provide a convenient platform for Provider Users to connect with, and deliver telehealth services to, Patient Users.

For Admin Users:

The Services are intended to provide a convenient platform for Admin Users to perform certain tasks related to the administration of Sana Benefits, Inc. plans.

For all Users

The Services are not intended to be used to identify emergencies. You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Privacy Policy.

YOUR RELATIONSHIP WITH US

By accepting these Terms, You agree and acknowledge that We do not provide clinical, laboratory, or supplemental manufacturing services. Our role is limited to supporting and facilitating Your access to these products and services via the Mobile Application, Provider Portal, Patient Portal, and Admin Portal, as applicable. YOU AGREE AND ACKNOWLEDGE THAT SANA MANAGEMENT IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU. THE SERVICES CAN NOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room. Sana Management contracts with Medical Group, an independent, physician-owned medical group with a network of United States based healthcare providers who provide clinical telehealth services. Provider Users deliver clinical services via the Provider Portal to Patient Users. Provider Users are independently contracted or employed by Medical Group. Provider Users are not contracted or employed by Sana Management. The Medical Group, and not Sana Management, are solely responsible for the quality and appropriateness of the care they render to You.

We do not control or interfere with the practice of medicine by the Medical Group or any Provider User each of whom is solely responsible for directing the medical care, mental health care, and/or treatment they provide to You as a Patient User. By accepting this Agreement, You acknowledge and agree that Sana Management is not a healthcare provider and that by using the Services, You are not entering into a doctor-patient or other health care provider-patient relationship with Sana Management. By using the Services, You may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Provider Users.

By accepting this Agreement, You acknowledge and agree that the Medical Group and/or Provider Users may send You messages, reports, and emails via the Services regarding Your diagnosis and/or treatment. You understand and agree that Sana Management is not responsible for the security or privacy of communications services You use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is Your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Sana Management nor the Medical Group nor any Provider User will be responsible in any way, and You will not hold Sana Management, the Medical Group, or any Provider User liable for any loss, injury, or claims of any kind resulting from Your failure to read or respond to these messages or for Your failure to comply with any treatment recommendations or instructions from the Medical Group or a Provider User.

While You are not establishing a doctor-patient or other health care provider-patient relationship with Sana Management, by using the Services, You are establishing a direct customer relationship with Sana Management to use the Services, including the purchase of any non-prescription products or non-medical services sold directly to You by Sana Management via the Services.

FURTHER, A PROVIDER USER’S USE OF OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER BY US. THE MEDICAL ADVICE PROVIDED TO YOU BY A PROVIDER USER OR ANY OTHER PROFESSIONAL IS NOT UNDER OUR CONTROL, NOR DO WE PROVIDE IT TO YOU OR USE IT.

General information available through the Services about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Services. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.

Sana Management Services, LLC is NOT an insurance billing company.

While Sana Management Services, LLC provides a convenient platform for Patient Users to track certain healthcare information, and for Provider Users to offer certain healthcare services that may or may not be reimbursable by federal or state health insurance payors, We are not billing experts. Any information provided to You by Sana Management Services, LLC with respect to billing is for informational purposes only.

For Patient Users who are able to access certain Services but are NOT Sana Benefits, Inc. plan members: The Services are not a health insurance plan and do not provide You insurance coverage. You are not enrolled in a Sana Benefits health plan by accessing the Services, and the Services do not provide the rights, protections, or coverage associated with any Sana Benefits, Inc. health plan. Any care You receive through the Services is subject to Your current health plan’s terms, including coverage requirements, exclusions, deductibles, copays/coinsurance, referrals, and prior authorizations. We do not administer, control, or have access to Your current health insurance benefits and cannot guarantee coverage, prior authorization approval, or cost for any services. You are responsible for any out-of-pocket costs that Your health plan may require. If You are enrolled in a High Deductible Health Plan (HDHP) and/or contribute to a Health Savings Account (HSA), Your eligibility to make or receive HSA contributions depends on Your individual circumstances and applicable federal tax rules. We do not provide tax advice and do not guarantee that use of the Services will preserve Your HSA eligibility. You are responsible for consulting your tax advisor or benefits administrator regarding your HSA eligibility.

Prescription Policy
Sana Management does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider User prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment.

You agree that any prescriptions that You acquire from a Provider User will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if You have any questions regarding the prescription.

Use of AI and Automated Technologies

We may use, or leverage third-party service providers that use, artificial intelligence, machine learning, or other automated technologies in connection with the development, operation, maintenance, and improvement of the Services. These technologies may be used in connection with the Services for purposes such as analyzing service utilization, analyzing or improving communications with prospective customers, aiding in language translation, identifying operational patterns or trends, improving system functionality, and enhancing the overall performance of the Services.

WHO IS ELIGIBLE TO USE THE SERVICES?

You must register to create an account (“User Account”) and become a registered user to access the Services. The registration process begins when You enter Your demographic information (e.g., name, email address, contact information). From there, You will receive an email inviting You to register to use the Services. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.

By registering for an account and using the Services, You represent and warrant as follows:

You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
Your Registration Data is true, accurate, current, and complete;
You will update Your Registration Data as needed to maintain its accuracy;
You are authorized to create a User Account (either for Yourself or another person);
You acknowledge and agree to the terms of the Privacy Policy;
You are legally authorized to view and share with Us health data and other Personal Data (as that term is defined in the Privacy Policy); and
You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.

HOW WILL SANA MANAGEMENT NOTIFY YOU OF CHANGES TO THESE TERMS?

With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, Sana Management reserves the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will let You know by (1) posting a new version of the Terms to the Website; and/or (2) posting a change notice on our Mobile Application, Provider Portal, Patient Portal, and/or Admin Portal.

If You continue to use the Services after We have informed You of the changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer and/or mobile device.

WHO OWNS THE SERVICES AND PERSONAL DATA?

Services Ownership and Use.

Sana Management owns the Services, including all content and functionality You access through the Services. Subject to Your compliance with these Terms, Sana Management grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services.

THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Sana Management’s express written permission.

You may not use Sana Management’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Sana Management’s or such third party’s sponsorship or affiliation with any product or service without the express written permission from Sana Management or such third party.

Personal Data Ownership and Use.

You own Your Personal Data and any other information You submit on or through the Services. If You are entering someone else’s information into the Services, You represent and warrant that You have permission to do so. For Us to provide You with the Services, You grant to Sana Management a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Personal Data for the purpose of providing the Services, subject to the restrictions in the Privacy Policy. You also agree to allow Sana Management to de-identify and anonymize Your Personal Data, including, without limitation, Your personal health information in accordance with Our Privacy Policy, and to use or disclose such de-identified information for any purpose.

App Store & Google Play.

If You downloaded the Services from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, You acknowledge that You understand and agree to the following:

The Terms are only between You and Sana Management, and not between You and the App Provider. Only Sana Management is responsible for the Services (not the App Provider);
The App Provider has no obligation to furnish any maintenance or support services with respect to the Services;
In the event of any failure of the Services to conform to any applicable warranty: (i) You may notify the App Provider and the App Provider will refund the purchase price for the Services to You (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Services , and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our responsibility;
The App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the Services or Your possession and use of the Services , including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
In the event of any third-party claim that the Services or Your possession and use of the Services infringes that third party’s intellectual property rights, the Services Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and
The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as it relates to Your license of the Services. This means that, upon Your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the Services against You.

Apple users only: If You downloaded the Services from the App Store, the license granted to You in these Terms is non-transferable and is for use of the Services on any Apple products that You own or control.

WHAT ARE YOU NOT ALLOWED TO DO WITH THE SERVICES?

You may use the Services only for lawful purposes and in accordance with these Terms. In addition, We impose certain restrictions on Your use of the Services. While using the Services, You shall not:

Provide false, misleading, or inaccurate information to Us or any other user;

Use the Services (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms;

Impersonate or attempt to impersonate Us, one of Our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);

Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Services for any use, including, without limitation, use on third-party websites, without Our consent;

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to use the Services;

Access content or data not intended for You, or log onto a server or account that You are not authorized to access;

Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);

Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization;

Interfere or attempt to interfere with the use or functionality of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb, or other material, which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;

Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Services;

Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third-party (including another user) to protect the Services;

Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Services. Any violation of this section may subject You to civil and/or criminal liability;

Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Us, may harm Us or users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services; or
Encourage or enable any other individual to do any of the above.

Sana Management is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms and/or to respond to law enforcement or other government agencies if and when We are required to. Sana Management reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.

HOW SHOULD YOU PROTECT YOUR LOGIN INFORMATION?

The Services are designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of Your User Credentials, (ii) not allowing another person to use Your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify Sana Management in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.

WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

You may be held liable for any losses incurred by Sana Management and/or its affiliates, officers, directors, and representatives due to someone else’s use of Your User Account or password, regardless of whether You were aware of such use.

HOW DOES SANA MANAGEMENT PROTECT YOUR PRIVACY?

Sana Management values Your privacy and is committed to keeping Your Personal Data confidential. Please see Our Privacy Policy for an explanation of Our privacy practices, the data We collect from You, how We use that data, and Your rights regarding Your data. By clicking “I Agree,” accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.

By using the Services and accepting these Terms, You further acknowledge that Sana Management may share Your Personal Data with other users, including Your healthcare provider (if You choose to allow this). We may share Your information with third parties as described in the Privacy Policy, and will seek Your consent before doing so where required by law.

We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or not such treatment violates applicable law.

Please be aware that Our Privacy Policy does not address how healthcare providers with whom You share information collected, generated, or stored via the Services may further use and disclose Your health information. Your provider’s Notice of Privacy Practices should be publicly available and is usually located on their website. Sana Management’s Privacy Policy does not apply to the collection, use, disclosure, or treatment of Your Personal Data directly by any provider, clinician, researcher, caregiver, or other healthcare professional and/or entity. You expressly acknowledge and agree that Sana Management is neither responsible for nor liable to You or any third party for the treatment of Your Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law or the provider’s Notice of Privacy Practices.

COMPUTER EQUIPMENT AND INTERNET ACCESS

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems“) necessary for You to access and use the Services. This includes, without limitation, obtaining Internet services, using up-to-date web browsers, and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

OPTING OUT OF COMMUNICATIONS FROM SANA MANAGEMENT

We may send communications, including emails, to You regarding Your User Account and the Services. You can choose to filter any User Account and Services emails using Your email settings, but We do not provide an option for You to opt-out of these communications.

If You consent to receive marketing or other communications not related to Your User Account or the Services, We will provide You with the option to opt-out of such marketing communications within the applicable message.

If you install the Mobile Application on Your mobile device, You agree to receive in-app notifications and/or push notifications (messages a mobile application sends You on Your mobile device when the application is not active). You can turn off notifications in the notification settings on Your mobile device.

THIRD PARTIES AND THIRD-PARTY SITES

Third-Party Websites.

In the course of using the Services, You may be introduced to areas or features of the Services that allow You to access a website that does not belong to and are not controlled by Us (collectively, “Third-Party Sites”). If You choose to access one of these Third-Party Sites, You will leave Our Services and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than Us, and that Your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to You as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.

Any reference in the Services to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Our endorsement or recommendation.

Third-Party Services.

To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, You will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

YOUR REPRESENTATIONS AND WARRANTIES

In addition to other representations and warranties contained throughout the Terms, You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Sana Management policies and procedures (to the extent such policies and procedures are communicated to You). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

No Warranties.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SANA MANAGEMENT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. SANA MANAGEMENT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SANA MANAGEMENT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SANA MANAGEMENT OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PATIENTS, PROVIDERS, CLINICIANS/CAREGIVERS, OR AUTHORIZED THIRD PARTIES.

YOU UNDERSTAND THAT SANA MANAGEMENT DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR DOES SANA MANAGEMENT VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE SERVICES. SANA MANAGEMENT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS.

SANA MANAGEMENT CAN NOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. SANA MANAGEMENT CAN NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE SERVICES.

Your Responsibility for Loss or Damage.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD Sana Management OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER SANA MANAGEMENT NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SANA MANAGEMENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.

FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES YOU ARE RECEIVING FROM A PROVIDER, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF HEALTHCARE SERVICES.

YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. SANA MANAGEMENT IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.

SANA MANAGEMENT IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SANA MANAGEMENT’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Sana Management AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

PROVIDING FEEDBACK TO SANA MANAGEMENT

We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if You submit any Feedback to Us, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

USER ACCOUNT TERMINATION

If You breach any of these Terms, We may suspend or disable Your User Account or terminate Your access to the Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Services and materials at any time, with or without cause.

If You wish to terminate Your User Account, please contact Sana Management at legal@sanabenefits.com, immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device.

DISPUTE RESOLUTION

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

You agree that any dispute between You and Sana Management arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Dispute Resolution section may be modified by a written agreement between You and Sana Management.

Informal Dispute Resolution.

Before filing a claim against Sana Management, You agree to try to resolve the dispute informally by contacting legal@sanabenefits.com. Most user concerns can be resolved quickly and to Your satisfaction through email.

Arbitration Agreement.

In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).

Arbitration Procedure

You and Sana Management agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, and one (1) arbitrator is selected by Sana Management, and the third (3rd) arbitrator is selected by mutual consent of You and Sana Management. If You and Sana Management cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.

The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.

Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

Cost of Arbitration

You and Sana Management shall each pay 50% of all mediators and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.

Exceptions to Agreement to Arbitrate.

Sana Management may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

YOU MAY ONLY RESOLVE DISPUTES WITH SANA MANAGEMENT ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.

Opt-Out of Alternative Dispute Resolution Process.

Notwithstanding the above, You can decline or “opt-out” of the alternative dispute resolution process described above by contacting legal@sanabenefits.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware within twenty-five (25) miles of [county], Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

GENERAL CONTRACT TERMS

Entire Agreement.

These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Sana Management and You regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sana Management and You regarding the Services.

Governing Law.

These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.

Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without Sana Management’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Sana Management may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices.

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Sana Management via email (in each case to the address that You provide); and/or (ii) by posting to the Services. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Sana Management electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH SANA MANAGEMENT IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to Sana Management by email to: legal@sanabenefits.com. Notice to Sana Management shall be effective upon receipt of notice by Sana Management.

No Inadvertent Waiver.

The failure of Sana Management to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sana Management.

Severability.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

Intellectual Property Rights.

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks trade names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between You and Us, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Sana Management or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Remedies.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Contacting Sana Management.

Please feel free to contact Us if You have any questions about these Terms and/or any other documents referenced in these Terms. You may contact Us at legal@sanabenefits.com, or at our mailing address:

Sana Management Services, LLC

310 Comal, Building A, Suite 200, #242

Austin, TX 78702

Attn: Legal

SANA CARE

MEDICAL SERVICES ADDENDUM

This Medical Services Addendum (the “Medical Services Addendum”) governs Your use of the medical services, including telehealth described in more detail in Section 11 below (“Medical Services”), provided by a Medical Group (defined in the Sana Management Terms of Use) (“Medical Group”, “we”, “us”, or “our”). Capitalized terms that are undefined herein are defined in the Sana Management Terms of Use.

Please read the Medical Services Addendum carefully before using the Medical Services. By using the Medical Services, including the Telehealth Services (defined below), You agree to be bound by these Terms. If You are accepting this Medical Services Addendum for another person (“Family Member”) as a Family Member’s guardian, conservator, custodian, or as parent of a minor child Family Member, You agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.

Medical Group is affiliated with Sana Management Services, LLC (“Sana Management”), where Sana Management provides management and administrative services to Medical Group. Sana Management also provides membership and other non-medical services to consumers, and the Sana Management Terms of Use govern Your use of the services provided by Sana Management. Please read the Sana Management Terms of Use carefully before using Sana Management’s services.

Please refer to our Notice of HIPAA Privacy Practices to learn how Medical Group collects, uses, shares and protects Your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or “HIPAA”).

Please do NOT use the Medical Services, including the Telehealth Services, for emergency or urgent medical matters. For all urgent or emergency matters that You believe may immediately affect Your health, You must immediately call 911 or go to the nearest emergency room or urgent care facility.

Updates to the Medical Services Addendum

Medical Group reserves the right to change or modify these Terms at any time without prior notice to You. If we materially change or modify these Terms, we will let You know by (1) posting a new version of the Terms to the Website (as that term is defined in the Sana Management Terms of Use); and/or (2) posting a change notice in our Mobile Application or on our Provider Portal and Patient Portal. If You do not agree with the proposed changes, You should discontinue Your use of the Medical Services before the effective date of the change. If You continue using the Medical Services after the effective date, You will be bound by the updated Medical Services Addendum.

Your Financial Responsibility; Assignment of Benefits

You agree to pay Medical Group all applicable charges at the prices then in effect for the Medical Services provided to You or another person on whose behalf You are accepting this Medical Services Addendum and/or payment responsibility (such as Your children or other family members) (“Covered Family Member”). If the Medical Services are not included in Your Sana Benefits, Inc. plan or You are not a Sana Benefits, Inc. plan member (and are not participating in a complimentary Sana Care trial), You may be charged for the Medical Services, including complementary and alternative services provided to You or Your Covered Family Member by a Medical Group healthcare service provider (each, a “Provider”). You authorize Medical Group to charge Your chosen payment method (Your “Payment Method”) for the Medical Services provided to You or Your Covered Family Member. If Your Payment Method is invalid at the time payment is due, You agree to pay all amounts due upon demand. The third party services provider who manages Your Payment Method may impose terms and conditions on You, which are independent of this Medical Services Addendum, and You agree to comply with all of those terms. Medical Group may accumulate charges that You’ve incurred for the Medical Services and submit them as one or more aggregate charges during or at the end of each billing cycle. Medical Group reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.

Medical Services may include remote visits with our providers. Remote visits may be scheduled just like an in-office visit and provide the same service experience, with the exception that the remote visit is conducted remotely over a secure video and audio connection rather than in person. Depending on Your plan and the nature of Your access to the Medical Services, remote visits may be billable just like an in-office visit, at the same fee that would be billed to such a visit if it was conducted in person. For the avoidance of doubt, Your financial responsibility and assignment of benefits described above apply to remote visits as well.

If You are not a Sana Benefits, Inc. plan member and provide information about Your health insurance or health plan, that will be deemed Your authorization for us to submit claims for covered Medical Services to Your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to us for the Medical Services provided to You or Your Covered Family Member. You authorize the release of any medical or other information necessary to process any claims for the Medical Services provided. You further understand and accept Your financial responsibility for any portion of the bill not covered by Your health insurer or health plan. SUBMISSION OF CHARGES DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.

Appointments: Missed/Late Cancellation

You understand and agree that if You do not show for Your appointment or You cancel Your appointment with less than 24 hours’ notice, we may charge You a fee for a missed/late cancelled appointment.

Permissions

You understand and agree that as part of providing Medical Services to You, Your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with Medical Group’s healthcare team electronically (in accordance with our Notice of Privacy Practices).

Service Termination

You may terminate Your use of the Medical Services at any time by not using the Medical Services any more. We may terminate Your use of the Medical Services at any time in our reasonable discretion, for causes including but not limited to illegal conduct such as falsifying information to obtain controlled substances, abusive and threatening behavior, and continued refusal to pay for our services. We may terminate Your use of the Medical Services by sending notice to You at the mail or email address You provided to us or by otherwise contacting You. If we terminate Your use of the Medical Services, we will use reasonable effort to notify Your insurer, if any.

Mental Health Services Disclaimer

Mental health services may involve discussing sensitive aspects of Your life in person or via Telehealth (defined below); You may experience uncomfortable feelings like sadness, guilt, anger, frustration, loneliness, or helplessness. If at any point You experience significant increased distress or have thoughts of harming Yourself or others, You agree to notify Your mental health provider so that an appropriate level of support can be provided. Your mental health provider may utilize a set of psychological symptom questionnaires in order to assist with determining a diagnosis and track Your progress in counseling, and may discuss the nature of these assessments and Your results when applicable.

Consent to Electronic Communications

You agree that Medical Group may send the following to You by email or by posting them on our Website and Mobile Application: legal disclosures; this Medical Services Addendum, Notice of Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services. You agree that Medical Group may contact You via secure messaging, email, phone, text, or mail regarding the Medical Services. You consent to receive such communications electronically. You agree to update Your contact information to ensure accuracy.

If You later decide that You do not want to receive certain future communications electronically, please send an email to marketing@care.sanabenefits.com. You may also opt out of certain electronic communications through Your User Account or by following the unsubscribe instructions in any communication You receive from Medical Group. Your withdrawal of consent will be effective within a reasonable time after we receive Your withdrawal notice described above.

Medical Group will need to send You certain communications electronically regarding the Medical Services. You will not be able to opt out of those communications – e.g., communications regarding updates to this Medical Services Addendum or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Medical Services Addendum provided to and accepted by You.

Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE MEDICAL SERVICES.

The Medical Services are intended for use only within the United States and its territories. We make no representation that the Medical Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Medical Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

For California patients, the state of California requires that physicians in California share notice of the Open Payments database. The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR FROM THE USE OF OR INABILITY TO USE THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Telehealth Provisions

Medical Group may provide certain Telehealth (defined below) services to You (the “Telehealth Services”). You give permission to Medical Group to record and process Your personal details and medical data. You may withdraw these permissions at any time by no longer seeking Telehealth Services from Medical Group.

“Telehealth” is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. Further, You understand that it may be possible that Your condition cannot be treated via the Telehealth Services, or that information transmitted through the Telehealth Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, You may be required to seek additional in-person medical care, alternative healthcare or emergency services. If Your health or medical problem or condition persists after use of Telehealth Services, You will immediately contact Your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.

General Provisions

This Medical Services addendum makes up the entire agreement relating to Your use of the Medical Services and supersedes all prior agreements relating to the subject matter hereof.
We may change, suspend, or discontinue any of the Medical Services at any time. We will try to give You prior notice of any material changes to the Medical Services. We will not be liable to You or to any third party for any modification, suspension or discontinuance of the Medical Services.
We may change, suspend, or discontinue any of our partnerships, including health system partnerships, at any time. We will provide You with notices of such changes as applicable.
Even after termination, this Medical Services Addendum will remain in effect such that all terms that by their nature may survive termination will survive such termination.

Contacting Medical Group

Please feel free to contact us if You have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at legal@sanabenefits.com, or at our mailing address:

Sana Member Services FL, P.A.