Mochi Health Terms of Use
Updated: September 17, 2025
Mochi Health Terms of Use
Updated: September 17, 2025
Mochi Health Terms of Use
Updated: September 17, 2025
These Terms of Use (“Terms”), which include an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by Mochi Health Corp., Inc. (“Mochi”, “we”, or “us” ), including the Mochi mobile apps and website located at Mochi Health (collectively, the “Site”), subscription services that include personal healthcare navigation services, communication services, and other technology or non-clinical personal services or content provided by Mochi (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. If you do not accept and agree to be bound by these Terms in their entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Services or any information or content provided through the Services, except as necessary to review these Terms.
Mochi provides practice management services to Mochi Medical, P.A., a Florida professional corporation, Mochi Medical CA, P.C., a California professional corporation, Mochi Medical KS, P.A., a Kansas professional corporation, and other affiliated medical services providers that employ or contract with physicians, allied health professionals, and other licensed professionals who offer certain medical and healthcare health services through the Site (collectively, “Mochi Providers”). These Terms govern your access to and use of the non-clinical Services offered by Mochi. If you and/or your Family Member use medical services provided by Mochi Providers you understand and agree that you, and your Family Member, are bound both by and subject to these Terms and the Patient Agreement. Please read the Patient Agreement carefully before receiving any medical services, including telehealth services, from Mochi Providers.
Please refer to our Privacy Policy to learn how Mochi collects, uses, shares and protects your personally identifiable information, and our Notice of Privacy Practices to learn how Mochi Providers collect, use, share and protect your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA").
YOU AGREE THAT DISPUTES BETWEEN YOU AND MOCHI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 12 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12.
IF YOU HAVE A MEDICAL EMERGENCY OR FOR ANY LIFE-THREATENING MATTER, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THESE TERMS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. Updates to the Terms
Mochi may, in its sole discretion, without prior notice to you, revise these Terms at any time. Should these Terms change materially, Mochi will update the “Updated” date noted above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the Updated date, you will be bound by the updated Terms.
2. Account Registration and Security
You may use the Services only if you are 18 years or older (except as otherwise permitted by the laws of the state in which you are located if younger than 18, or such higher age of majority under applicable state law) and solely for your own personal, non-commercial use, or on behalf of your Family Member for their personal, non-commercial use of the Services with your supervision. To access certain features of the Services or to become a subscriber, you will have to create an account via the Site. Parents and guardians must register on behalf of any individual minor, representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Services by such minor.
When registering for an account with Mochi, it is important that you provide us with accurate and complete information for your account, and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities to enable use of the Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Services. Mochi reserves the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice.
3. Your Relationship with Us
We make available to individuals who register an account with Mochi as users of the Services certain products and services sold or offered by third party medical providers, pharmacies, or other vendors via our Services. For example, our Services provide access to prescription fulfillment services offered by certain third party pharmacies (the “Pharmacies”). You agree and understand that your prescription(s) may be filled by and transferred between any of the Pharmacies, and agree that Mochi may do so on your behalf. As noted above, we may also provide you with access to the Mochi Providers who offer certain healthcare health services through the Site. By accepting these Terms, you acknowledge and agree that any services you receive from the Pharmacies or Mochi Providers are also subject to these Terms, and that the Pharmacies and Mochi Providers are third party beneficiaries of these Terms.
Mochi does not control or interfere with the practice of medicine by the Mochi Providers, each of whom is solely responsible for directing the health care provided to you. By accepting these Terms, you acknowledge and agree that Mochi 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 Mochi. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the one or more of the Mochi Providers. Further, we do not control or interfere with any professional services provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Services.
Certain products or services available through the Services may be subject to age or other restrictions, and therefore not available to all.
4. Subscription Fees
Mochi offers both paid membership and free membership subscription options. If you sign up for a paid membership subscription (a “Paid Membership”), Mochi will charge a monthly subscription fee (the “Monthly Subscription Fee”) for access to certain features of the Services of so long as you remain a paid member. The Monthly Subscription Fee may be modified by notice in accordance with these Terms.
The Monthly Subscription Fee covers the costs of services and products provided by Mochi Providers along with costs associated with the personal services and tools provided by Mochi that enhance you or your Family Member’s healthcare experience and facilitate access to higher-touch personal weight-loss health care services and other offerings. If a subscription product you purchase requires a consultation with a Mochi Provider and/or includes a prescription product or other medication (collectively “Medications”) that you fill through one of the Pharmacies (once appropriately prescribed to you by a Mochi Provider, if applicable), then in addition to the Monthly Subscription Fee, you may also be required to pay a fee for the Medications filled by the Pharmacy (the “Medication Fee(s)”), which are collected on behalf of and paid to Pharmacies. Mochi reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.
The Monthly Subscription Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Monthly Subscription Fee for coverage under your or your Family Member’s insurance or benefit plan, and as such, you will be responsible for the cost of such Monthly Subscription Fee.
You may have the option to subscribe to automatic monthly fulfillment of certain Medications (a “Medication Subscription”). If you subscribe to a Medication Subscription, your Medication Subscription will continue and your payment method will be charged until you cancel the Medication Subscription or the Medication Subscription is otherwise cancelled by Mochi, the Pharmacy, or by a Mochi Provider.
The initial Medication Fee for a Medication Subscription will be provided at the time that you select and confirm the Medication Subscription. For each subsequent fulfillment of the Medication Subscription, the Medication Fee will be provided on the Site prior to fulfillment. The total cost charged to your payment method for the Medication Subscription will be the Medication Fee for the applicable medication on the day that order is processed (which is subject to change), plus any applicable taxes, shipping charges, and fees. Any medication credit balances on your account may be applied toward the balance of your Medication Fee(s) before charging any remaining balance to your payment method. We may change the price for a Medication Subscription at any time for any reason. Information about changes to Medication Fees will be made available on the Site.
You may cancel or request a modification to your Medication Subscription at any time prior to a refill request being sent to a pharmacy for fulfillment, by selecting ‘Modify’ from the medication page on the Site. If you cancel a Medication Subscription and then re-subscribe, the Medication Fee may not be the same as at the time of the subscription cancellation.
Mochi will charge the Monthly Subscription Fee and any Medication Fees to your or your Family Member’s designated billing account. You agree to make the payment using your designated payment method. Only valid payment methods acceptable to us may be used to complete a purchase of a subscription. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order(s) (including any applicable taxes and shipping and handling charges applicable to any Medication Fee). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.
All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application(s) accessible through the Services. This online payment processing application(s) is provided by Mochi’s third-party online payment processing vendor, Stripe, Inc. (“Payment Vendor”). Additional information about Mochi’s Payment Vendor or its respective privacy policies and information security measures should be available at Privacy Policy.
IF YOUR ACCOUNT IS SUBJECT TO THE MONTHLY SUBSCRIPTION FEE AND/OR A MEDICATION SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOUR DESIGNATED PAYMENT METHOD THE MONTHLY SUBSCRIPTION FEE AND/OR THE APPLICABLE MEDICATION FEE AT THE TIME OF INITIAL PAYMENT AND EACH AUTOMATIC MONTHLY RENEWAL (UNLESS YOU HAVE CHOSEN TO PREPAY THE MONTHLY SUBSCRIPTION FEE), UNTIL YOU CANCEL YOUR RESPECTIVE SUBSCRIPTION(S). YOU MUST CANCEL YOUR RESPECTIVE SUBSCRIPTION(S) BEFORE IT RENEWS TO AVOID BEING CHARGED THE MONTHLY SUBSCRIPTION FEE AND/OR MEDICATION FEES FOR THE APPLICABLE SUBSCRIPTION TERM.
Cancelling your Paid Membership. You can cancel your or your Family Member’s Paid Membership at any time by logging into your or your Family Member’s Mochi account and selecting “cancel subscription” or by contacting us at (619) 648-1247 and requesting to cancel you or your Family Member’s Paid Membership over the phone. All requests to cancel you or your Family Member’s Paid Membership must be submitted through one of the methods listed above. Contacting us at hello@joinmochi.com is NOT an acceptable way to request to cancel you or your Family Member’s Paid Membership or any Medication Subscription. Requests to cancel subscriptions received via email to hello@joinmochi.com or through any other method not listed above will NOT be considered valid requests to cancel you or your Family Member’s subscription.
Cancellation of your Paid Membership will take effect at the end of the then current subscription term. If you cancel your or your Family Member’s Paid Membership and the subscription term has not expired, you or your Family Member may continue to use the services provided under the Paid Membership until the end of the then-current subscription term and your or your Family Member’s Paid Membership subscription will not be renewed after the then-current subscription term expires. Cancelling of your Paid Membership will automatically result in a cancellation of any active Medication Subscriptions if such medications require an active Paid Membership subscription.
If the amount to be charged to you or your Family Member for the Monthly Subscription Fee varies from the amount you or your Family Member preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Monthly Subscription Fee, you or your Family Member have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you or your Family Member do not agree with the new amount in the notice, you or your Family Member may cancel the transaction by logging into you or your Family Member’s Mochi account and selecting “cancel subscription” or by contacting us at (619) 648-1247 and requesting to cancel you or your Family Member’s subscription over the phone.
Upon cancellation of your paid membership, your account will automatically revert to a free membership subscription (a “Free Membership”) with Mochi. You may continue to receive the services offered by Mochi to individuals subscribed to free Membership subscriptions.
If you subscribe to a Free Membership or if your Paid Membership is converted to a Free Membership, you may still access certain limited services and products provided by Mochi and Mochi Providers. Free Membership services do not included 1:1 video conference visits with Mochi Providers and may exclude certain categories of care and treatment offered by Mochi Providers and access to certain Medications.
Refunds. We do not offer refunds for partially used subscription periods, although we may provide refunds on a case-by-case basis in our sole and absolute discretion. Any refund amounts offered by Mochi in its sole and absolute discretion, will not exceed the total fee amount paid by you in the month preceding the refund request. You will not be eligible for a discretionary refund of a Monthly Subscription Fee for any month during which you received services from a Mochi Provider.
Medication Fees charged by Mochi on behalf of a Pharmacy for a Medication are not eligible for a refund, whether in part or in whole, once the order has been sent to a Pharmacy for dispensing.
We reserve the right to remedy issues and concerns you may raise on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each customer.
5. Termination
You may terminate your use of the Services by not using the Services anymore. If you are subscribed to a Paid Membership and you want you want to terminate your Paid Membership, please see the prior section (Section 4, “Subscription Fees”) for instructions on converting your account to a Free Membership.
Mochi reserves the right to terminate, suspend and/or deactivate your account and any active subscription with Mochi and/or terminate your use of any of our features or services at any time and for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Monthly Subscription Fee. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination, except as required by applicable law.
You agree that if your use of the Services is terminated by Mochi pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Mochi, Mochi Providers, and their affiliates harmless from any and all liability that any such parties may incur with respect thereto.
6. Consent to Electronic Communications
You agree that Mochi may send the following to you by email or by posting them on our Site: (i) legal disclosures; (ii) these Terms, including the Privacy Policy; (iii) the Patient Agreement; (iv) future changes to any of the above; and (v) other notices, policies, communications or disclosures, and information related to the Services, including any communications made by Mochi on behalf of the Mochi Providers.
You agree that Mochi may contact you via messaging, email, phone, text, or mail regarding your subscription or the Services, including communications from Mochi pertaining to your care and your health, which may include you or your Family Member’s health information. You understand that communication via email, text messages, and other electronic means selected by Mochi may not be secure and could be viewed by unintended persons, and you agree and consent to the exchange of such communications between you and Mochi via these electronic means. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Mochi.
If you later decide that you do not want to receive certain future communications electronically, you may opt out of certain non-transactional electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Mochi or by closing your account. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
However, Mochi will need to send you certain communications electronically regarding the Services that you will not be able to opt out of– e.g., communications regarding updates to the Terms or information about billing.
Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you.
7. Use of the Services
The Services and the information and content available through the Services are protected by copyright laws throughout the world. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services, including any information and content contained therein, solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.
The following is a list of the type of actions that you may not engage in with respect to the Services:
· You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
· You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
· You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
· You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
· You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
· You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
· You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; and
· You will not collect or store any personal information, including personally identifiable information, from users without their express permission.
8. Intellectual Property Rights
Mochi and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Mochi or other respective owners.
9. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Services, including information posted on the Mochi Site, is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
The Services are intended for use only within the United States. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
10. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE 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. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. 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.
11. Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your account and subscription(s) with Mochi (if applicable).
12. Dispute Resolution
Agreement to Arbitrate. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause, an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at optout@joinmochi.com or by regular mail to Mochi at 161 Natoma St., San Francisco, CA 94105, ATTN:“Arbitration Opt-out” within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. The Arbitration Opt-out Notice must include your full name, address, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at Rules, Forms, and Fees or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to optout@joinmochi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms or accessed our Services.
Limitation. No Dispute arising under or in connection with these Terms, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
13. Links to Third Party Websites
The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and security practices, or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us. It is your decision whether to connect to third party applications or access third party websites.
14. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless Mochi, and its representatives and agents, as well as the Mochi Providers, from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; or (b) the violation of these Terms; or (c) the violation of any intellectual property or other right of any person or entity; or (d) by any person using your account credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
15. General Provisions
These Terms and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy and Patient Agreement (if applicable), constitute the entire agreement relating to your use of the Services between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. Mochi may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination, including but not limited to the provisions of these Terms concerning the Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and Dispute resolution, indemnity and jurisdictional issues.
In the event any one or more of the provisions of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of these Terms remain in full force and effect and enforceable.
In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.
16. Medical Records
If you are a Mochi patient with an active membership, you can access patient-related information that we maintain about you through the patient portal on the Site. You can download a copy of your medical records by clicking the download link in the patient portal. If you are no longer an active patient of Mochi and do not have access to the patient portal on the Site, you may request a copy of your medical records by sending an email to medicalrecords@joinmochi.com or by sending a letter to Mochi Health Corp., Attn: Medical Records, 161 Natoma St, San Francisco, CA 94105, ATTN: Privacy, including your contact information and specifying the records you are requesting. Mochi may request additional information to confirm identify prior to providing copies of the requested medical records.
17. Mochi Referral Program Terms
Mochi offers a referral program (the “Referral Program”) to existing customers who are interested in referring friends and/or family members to Mochi. The Referral Program provides a $40 credit for Qualified Referrals (defined below), applicable only towards certain non-clinical services offered by Mochi as described in this Section (the “Referral Program Terms”). These Referral Program Terms are a binding agreement between you and Mochi and will govern your participation in any and all Referral Program offers, in addition to the Terms and the Privacy Policy. If you do not agree to the Referral Program Terms in their entirety, you are not authorized to participate in the Referral Program.
A “Qualified Referral” occurs when an existing customer (the “Referring Customer”) refers a first-time customer (the “Referred Customer”), and the Referred Customer completes the Mochi onboarding process. Upon completion of onboarding, both the Referring Customer and Referred Customer will receive a $40 credit (the “Referral Credits”) in their account applicable only towards any non-clinical portions of the Monthly Subscription Fees.
Referral Credits may only be redeemed by the Referred Customer at the time of purchasing an initial subscription with Mochi, or by the Referring Customer upon being charged the subsequent Monthly Subscription Fee by Mochi or upgrading the customer’s subscription. Referral Credits may not be retroactively applied or combined with any other discount codes or offers, and will be forfeited in the case of a subscription downgrade or failed payment by either a Referred or Referring Customer, as applicable. If the Referral Program is terminated by Mochi or the Referring Customer’s or Referred Customer’s account with Mochi is closed for any reason, any remaining earned Referral Credits will be forfeited.
By submitting a referral through the Referral Program, you authorize Mochi to send communications to the Referred Customer with information about Mochi and the Services, identifying you as a customer of Mochi and a user of the Services. Mochi may also include the name and information about Mochi Providers that you have met with.
Mochi reserves the right to modify the Referral Program Terms at any time, at its sole discretion, and without notice to you. Mochi may also, in its sole discretion, change, suspend, terminate, or modify any aspect of the Referral Program without notice. Mochi also reserves the right to disqualify any Referring Customer or Referred Customer at any time from participation in the Referral Program.
If you have any questions about these Terms, please contact us by phone at (619) 648-1247.
These Terms of Use (“Terms”), which include an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by Mochi Health Corp., Inc. (“Mochi”, “we”, or “us” ), including the Mochi mobile apps and website located at Mochi Health (collectively, the “Site”), subscription services that include personal healthcare navigation services, communication services, and other technology or non-clinical personal services or content provided by Mochi (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. If you do not accept and agree to be bound by these Terms in their entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Services or any information or content provided through the Services, except as necessary to review these Terms.
Mochi provides practice management services to Mochi Medical, P.A., a Florida professional corporation, Mochi Medical CA, P.C., a California professional corporation, Mochi Medical KS, P.A., a Kansas professional corporation, and other affiliated medical services providers that employ or contract with physicians, allied health professionals, and other licensed professionals who offer certain medical and healthcare health services through the Site (collectively, “Mochi Providers”). These Terms govern your access to and use of the non-clinical Services offered by Mochi. If you and/or your Family Member use medical services provided by Mochi Providers you understand and agree that you, and your Family Member, are bound both by and subject to these Terms and the Patient Agreement. Please read the Patient Agreement carefully before receiving any medical services, including telehealth services, from Mochi Providers.
Please refer to our Privacy Policy to learn how Mochi collects, uses, shares and protects your personally identifiable information, and our Notice of Privacy Practices to learn how Mochi Providers collect, use, share and protect your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA").
YOU AGREE THAT DISPUTES BETWEEN YOU AND MOCHI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 12 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12.
IF YOU HAVE A MEDICAL EMERGENCY OR FOR ANY LIFE-THREATENING MATTER, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THESE TERMS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. Updates to the Terms
Mochi may, in its sole discretion, without prior notice to you, revise these Terms at any time. Should these Terms change materially, Mochi will update the “Updated” date noted above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the Updated date, you will be bound by the updated Terms.
2. Account Registration and Security
You may use the Services only if you are 18 years or older (except as otherwise permitted by the laws of the state in which you are located if younger than 18, or such higher age of majority under applicable state law) and solely for your own personal, non-commercial use, or on behalf of your Family Member for their personal, non-commercial use of the Services with your supervision. To access certain features of the Services or to become a subscriber, you will have to create an account via the Site. Parents and guardians must register on behalf of any individual minor, representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Services by such minor.
When registering for an account with Mochi, it is important that you provide us with accurate and complete information for your account, and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities to enable use of the Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Services. Mochi reserves the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice.
3. Your Relationship with Us
We make available to individuals who register an account with Mochi as users of the Services certain products and services sold or offered by third party medical providers, pharmacies, or other vendors via our Services. For example, our Services provide access to prescription fulfillment services offered by certain third party pharmacies (the “Pharmacies”). You agree and understand that your prescription(s) may be filled by and transferred between any of the Pharmacies, and agree that Mochi may do so on your behalf. As noted above, we may also provide you with access to the Mochi Providers who offer certain healthcare health services through the Site. By accepting these Terms, you acknowledge and agree that any services you receive from the Pharmacies or Mochi Providers are also subject to these Terms, and that the Pharmacies and Mochi Providers are third party beneficiaries of these Terms.
Mochi does not control or interfere with the practice of medicine by the Mochi Providers, each of whom is solely responsible for directing the health care provided to you. By accepting these Terms, you acknowledge and agree that Mochi 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 Mochi. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the one or more of the Mochi Providers. Further, we do not control or interfere with any professional services provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Services.
Certain products or services available through the Services may be subject to age or other restrictions, and therefore not available to all.
4. Subscription Fees
Mochi offers both paid membership and free membership subscription options. If you sign up for a paid membership subscription (a “Paid Membership”), Mochi will charge a monthly subscription fee (the “Monthly Subscription Fee”) for access to certain features of the Services of so long as you remain a paid member. The Monthly Subscription Fee may be modified by notice in accordance with these Terms.
The Monthly Subscription Fee covers the costs of services and products provided by Mochi Providers along with costs associated with the personal services and tools provided by Mochi that enhance you or your Family Member’s healthcare experience and facilitate access to higher-touch personal weight-loss health care services and other offerings. If a subscription product you purchase requires a consultation with a Mochi Provider and/or includes a prescription product or other medication (collectively “Medications”) that you fill through one of the Pharmacies (once appropriately prescribed to you by a Mochi Provider, if applicable), then in addition to the Monthly Subscription Fee, you may also be required to pay a fee for the Medications filled by the Pharmacy (the “Medication Fee(s)”), which are collected on behalf of and paid to Pharmacies. Mochi reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.
The Monthly Subscription Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Monthly Subscription Fee for coverage under your or your Family Member’s insurance or benefit plan, and as such, you will be responsible for the cost of such Monthly Subscription Fee.
You may have the option to subscribe to automatic monthly fulfillment of certain Medications (a “Medication Subscription”). If you subscribe to a Medication Subscription, your Medication Subscription will continue and your payment method will be charged until you cancel the Medication Subscription or the Medication Subscription is otherwise cancelled by Mochi, the Pharmacy, or by a Mochi Provider.
The initial Medication Fee for a Medication Subscription will be provided at the time that you select and confirm the Medication Subscription. For each subsequent fulfillment of the Medication Subscription, the Medication Fee will be provided on the Site prior to fulfillment. The total cost charged to your payment method for the Medication Subscription will be the Medication Fee for the applicable medication on the day that order is processed (which is subject to change), plus any applicable taxes, shipping charges, and fees. Any medication credit balances on your account may be applied toward the balance of your Medication Fee(s) before charging any remaining balance to your payment method. We may change the price for a Medication Subscription at any time for any reason. Information about changes to Medication Fees will be made available on the Site.
You may cancel or request a modification to your Medication Subscription at any time prior to a refill request being sent to a pharmacy for fulfillment, by selecting ‘Modify’ from the medication page on the Site. If you cancel a Medication Subscription and then re-subscribe, the Medication Fee may not be the same as at the time of the subscription cancellation.
Mochi will charge the Monthly Subscription Fee and any Medication Fees to your or your Family Member’s designated billing account. You agree to make the payment using your designated payment method. Only valid payment methods acceptable to us may be used to complete a purchase of a subscription. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order(s) (including any applicable taxes and shipping and handling charges applicable to any Medication Fee). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.
All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application(s) accessible through the Services. This online payment processing application(s) is provided by Mochi’s third-party online payment processing vendor, Stripe, Inc. (“Payment Vendor”). Additional information about Mochi’s Payment Vendor or its respective privacy policies and information security measures should be available at Privacy Policy.
IF YOUR ACCOUNT IS SUBJECT TO THE MONTHLY SUBSCRIPTION FEE AND/OR A MEDICATION SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOUR DESIGNATED PAYMENT METHOD THE MONTHLY SUBSCRIPTION FEE AND/OR THE APPLICABLE MEDICATION FEE AT THE TIME OF INITIAL PAYMENT AND EACH AUTOMATIC MONTHLY RENEWAL (UNLESS YOU HAVE CHOSEN TO PREPAY THE MONTHLY SUBSCRIPTION FEE), UNTIL YOU CANCEL YOUR RESPECTIVE SUBSCRIPTION(S). YOU MUST CANCEL YOUR RESPECTIVE SUBSCRIPTION(S) BEFORE IT RENEWS TO AVOID BEING CHARGED THE MONTHLY SUBSCRIPTION FEE AND/OR MEDICATION FEES FOR THE APPLICABLE SUBSCRIPTION TERM.
Cancelling your Paid Membership. You can cancel your or your Family Member’s Paid Membership at any time by logging into your or your Family Member’s Mochi account and selecting “cancel subscription” or by contacting us at (619) 648-1247 and requesting to cancel you or your Family Member’s Paid Membership over the phone. All requests to cancel you or your Family Member’s Paid Membership must be submitted through one of the methods listed above. Contacting us at hello@joinmochi.com is NOT an acceptable way to request to cancel you or your Family Member’s Paid Membership or any Medication Subscription. Requests to cancel subscriptions received via email to hello@joinmochi.com or through any other method not listed above will NOT be considered valid requests to cancel you or your Family Member’s subscription.
Cancellation of your Paid Membership will take effect at the end of the then current subscription term. If you cancel your or your Family Member’s Paid Membership and the subscription term has not expired, you or your Family Member may continue to use the services provided under the Paid Membership until the end of the then-current subscription term and your or your Family Member’s Paid Membership subscription will not be renewed after the then-current subscription term expires. Cancelling of your Paid Membership will automatically result in a cancellation of any active Medication Subscriptions if such medications require an active Paid Membership subscription.
If the amount to be charged to you or your Family Member for the Monthly Subscription Fee varies from the amount you or your Family Member preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Monthly Subscription Fee, you or your Family Member have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you or your Family Member do not agree with the new amount in the notice, you or your Family Member may cancel the transaction by logging into you or your Family Member’s Mochi account and selecting “cancel subscription” or by contacting us at (619) 648-1247 and requesting to cancel you or your Family Member’s subscription over the phone.
Upon cancellation of your paid membership, your account will automatically revert to a free membership subscription (a “Free Membership”) with Mochi. You may continue to receive the services offered by Mochi to individuals subscribed to free Membership subscriptions.
If you subscribe to a Free Membership or if your Paid Membership is converted to a Free Membership, you may still access certain limited services and products provided by Mochi and Mochi Providers. Free Membership services do not included 1:1 video conference visits with Mochi Providers and may exclude certain categories of care and treatment offered by Mochi Providers and access to certain Medications.
Refunds. We do not offer refunds for partially used subscription periods, although we may provide refunds on a case-by-case basis in our sole and absolute discretion. Any refund amounts offered by Mochi in its sole and absolute discretion, will not exceed the total fee amount paid by you in the month preceding the refund request. You will not be eligible for a discretionary refund of a Monthly Subscription Fee for any month during which you received services from a Mochi Provider.
Medication Fees charged by Mochi on behalf of a Pharmacy for a Medication are not eligible for a refund, whether in part or in whole, once the order has been sent to a Pharmacy for dispensing.
We reserve the right to remedy issues and concerns you may raise on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each customer.
5. Termination
You may terminate your use of the Services by not using the Services anymore. If you are subscribed to a Paid Membership and you want you want to terminate your Paid Membership, please see the prior section (Section 4, “Subscription Fees”) for instructions on converting your account to a Free Membership.
Mochi reserves the right to terminate, suspend and/or deactivate your account and any active subscription with Mochi and/or terminate your use of any of our features or services at any time and for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Monthly Subscription Fee. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination, except as required by applicable law.
You agree that if your use of the Services is terminated by Mochi pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Mochi, Mochi Providers, and their affiliates harmless from any and all liability that any such parties may incur with respect thereto.
6. Consent to Electronic Communications
You agree that Mochi may send the following to you by email or by posting them on our Site: (i) legal disclosures; (ii) these Terms, including the Privacy Policy; (iii) the Patient Agreement; (iv) future changes to any of the above; and (v) other notices, policies, communications or disclosures, and information related to the Services, including any communications made by Mochi on behalf of the Mochi Providers.
You agree that Mochi may contact you via messaging, email, phone, text, or mail regarding your subscription or the Services, including communications from Mochi pertaining to your care and your health, which may include you or your Family Member’s health information. You understand that communication via email, text messages, and other electronic means selected by Mochi may not be secure and could be viewed by unintended persons, and you agree and consent to the exchange of such communications between you and Mochi via these electronic means. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Mochi.
If you later decide that you do not want to receive certain future communications electronically, you may opt out of certain non-transactional electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Mochi or by closing your account. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
However, Mochi will need to send you certain communications electronically regarding the Services that you will not be able to opt out of– e.g., communications regarding updates to the Terms or information about billing.
Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you.
7. Use of the Services
The Services and the information and content available through the Services are protected by copyright laws throughout the world. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services, including any information and content contained therein, solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.
The following is a list of the type of actions that you may not engage in with respect to the Services:
· You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
· You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
· You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
· You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
· You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
· You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
· You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; and
· You will not collect or store any personal information, including personally identifiable information, from users without their express permission.
8. Intellectual Property Rights
Mochi and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Mochi or other respective owners.
9. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Services, including information posted on the Mochi Site, is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
The Services are intended for use only within the United States. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
10. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE 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. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. 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.
11. Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your account and subscription(s) with Mochi (if applicable).
12. Dispute Resolution
Agreement to Arbitrate. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause, an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at optout@joinmochi.com or by regular mail to Mochi at 161 Natoma St., San Francisco, CA 94105, ATTN:“Arbitration Opt-out” within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. The Arbitration Opt-out Notice must include your full name, address, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at Rules, Forms, and Fees or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to optout@joinmochi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms or accessed our Services.
Limitation. No Dispute arising under or in connection with these Terms, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
13. Links to Third Party Websites
The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and security practices, or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us. It is your decision whether to connect to third party applications or access third party websites.
14. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless Mochi, and its representatives and agents, as well as the Mochi Providers, from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; or (b) the violation of these Terms; or (c) the violation of any intellectual property or other right of any person or entity; or (d) by any person using your account credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
15. General Provisions
These Terms and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy and Patient Agreement (if applicable), constitute the entire agreement relating to your use of the Services between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. Mochi may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination, including but not limited to the provisions of these Terms concerning the Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and Dispute resolution, indemnity and jurisdictional issues.
In the event any one or more of the provisions of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of these Terms remain in full force and effect and enforceable.
In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.
16. Medical Records
If you are a Mochi patient with an active membership, you can access patient-related information that we maintain about you through the patient portal on the Site. You can download a copy of your medical records by clicking the download link in the patient portal. If you are no longer an active patient of Mochi and do not have access to the patient portal on the Site, you may request a copy of your medical records by sending an email to medicalrecords@joinmochi.com or by sending a letter to Mochi Health Corp., Attn: Medical Records, 161 Natoma St, San Francisco, CA 94105, ATTN: Privacy, including your contact information and specifying the records you are requesting. Mochi may request additional information to confirm identify prior to providing copies of the requested medical records.
17. Mochi Referral Program Terms
Mochi offers a referral program (the “Referral Program”) to existing customers who are interested in referring friends and/or family members to Mochi. The Referral Program provides a $40 credit for Qualified Referrals (defined below), applicable only towards certain non-clinical services offered by Mochi as described in this Section (the “Referral Program Terms”). These Referral Program Terms are a binding agreement between you and Mochi and will govern your participation in any and all Referral Program offers, in addition to the Terms and the Privacy Policy. If you do not agree to the Referral Program Terms in their entirety, you are not authorized to participate in the Referral Program.
A “Qualified Referral” occurs when an existing customer (the “Referring Customer”) refers a first-time customer (the “Referred Customer”), and the Referred Customer completes the Mochi onboarding process. Upon completion of onboarding, both the Referring Customer and Referred Customer will receive a $40 credit (the “Referral Credits”) in their account applicable only towards any non-clinical portions of the Monthly Subscription Fees.
Referral Credits may only be redeemed by the Referred Customer at the time of purchasing an initial subscription with Mochi, or by the Referring Customer upon being charged the subsequent Monthly Subscription Fee by Mochi or upgrading the customer’s subscription. Referral Credits may not be retroactively applied or combined with any other discount codes or offers, and will be forfeited in the case of a subscription downgrade or failed payment by either a Referred or Referring Customer, as applicable. If the Referral Program is terminated by Mochi or the Referring Customer’s or Referred Customer’s account with Mochi is closed for any reason, any remaining earned Referral Credits will be forfeited.
By submitting a referral through the Referral Program, you authorize Mochi to send communications to the Referred Customer with information about Mochi and the Services, identifying you as a customer of Mochi and a user of the Services. Mochi may also include the name and information about Mochi Providers that you have met with.
Mochi reserves the right to modify the Referral Program Terms at any time, at its sole discretion, and without notice to you. Mochi may also, in its sole discretion, change, suspend, terminate, or modify any aspect of the Referral Program without notice. Mochi also reserves the right to disqualify any Referring Customer or Referred Customer at any time from participation in the Referral Program.
If you have any questions about these Terms, please contact us by phone at (619) 648-1247.
These Terms of Use (“Terms”), which include an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by Mochi Health Corp., Inc. (“Mochi”, “we”, or “us” ), including the Mochi mobile apps and website located at Mochi Health (collectively, the “Site”), subscription services that include personal healthcare navigation services, communication services, and other technology or non-clinical personal services or content provided by Mochi (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. If you do not accept and agree to be bound by these Terms in their entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Services or any information or content provided through the Services, except as necessary to review these Terms.
Mochi provides practice management services to Mochi Medical, P.A., a Florida professional corporation, Mochi Medical CA, P.C., a California professional corporation, Mochi Medical KS, P.A., a Kansas professional corporation, and other affiliated medical services providers that employ or contract with physicians, allied health professionals, and other licensed professionals who offer certain medical and healthcare health services through the Site (collectively, “Mochi Providers”). These Terms govern your access to and use of the non-clinical Services offered by Mochi. If you and/or your Family Member use medical services provided by Mochi Providers you understand and agree that you, and your Family Member, are bound both by and subject to these Terms and the Patient Agreement. Please read the Patient Agreement carefully before receiving any medical services, including telehealth services, from Mochi Providers.
Please refer to our Privacy Policy to learn how Mochi collects, uses, shares and protects your personally identifiable information, and our Notice of Privacy Practices to learn how Mochi Providers collect, use, share and protect your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA").
YOU AGREE THAT DISPUTES BETWEEN YOU AND MOCHI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 12 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12.
IF YOU HAVE A MEDICAL EMERGENCY OR FOR ANY LIFE-THREATENING MATTER, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THESE TERMS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. Updates to the Terms
Mochi may, in its sole discretion, without prior notice to you, revise these Terms at any time. Should these Terms change materially, Mochi will update the “Updated” date noted above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the Updated date, you will be bound by the updated Terms.
2. Account Registration and Security
You may use the Services only if you are 18 years or older (except as otherwise permitted by the laws of the state in which you are located if younger than 18, or such higher age of majority under applicable state law) and solely for your own personal, non-commercial use, or on behalf of your Family Member for their personal, non-commercial use of the Services with your supervision. To access certain features of the Services or to become a subscriber, you will have to create an account via the Site. Parents and guardians must register on behalf of any individual minor, representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Services by such minor.
When registering for an account with Mochi, it is important that you provide us with accurate and complete information for your account, and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities to enable use of the Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Services. Mochi reserves the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice.
3. Your Relationship with Us
We make available to individuals who register an account with Mochi as users of the Services certain products and services sold or offered by third party medical providers, pharmacies, or other vendors via our Services. For example, our Services provide access to prescription fulfillment services offered by certain third party pharmacies (the “Pharmacies”). You agree and understand that your prescription(s) may be filled by and transferred between any of the Pharmacies, and agree that Mochi may do so on your behalf. As noted above, we may also provide you with access to the Mochi Providers who offer certain healthcare health services through the Site. By accepting these Terms, you acknowledge and agree that any services you receive from the Pharmacies or Mochi Providers are also subject to these Terms, and that the Pharmacies and Mochi Providers are third party beneficiaries of these Terms.
Mochi does not control or interfere with the practice of medicine by the Mochi Providers, each of whom is solely responsible for directing the health care provided to you. By accepting these Terms, you acknowledge and agree that Mochi 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 Mochi. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the one or more of the Mochi Providers. Further, we do not control or interfere with any professional services provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Services.
Certain products or services available through the Services may be subject to age or other restrictions, and therefore not available to all.
4. Subscription Fees
Mochi offers both paid membership and free membership subscription options. If you sign up for a paid membership subscription (a “Paid Membership”), Mochi will charge a monthly subscription fee (the “Monthly Subscription Fee”) for access to certain features of the Services of so long as you remain a paid member. The Monthly Subscription Fee may be modified by notice in accordance with these Terms.
The Monthly Subscription Fee covers the costs of services and products provided by Mochi Providers along with costs associated with the personal services and tools provided by Mochi that enhance you or your Family Member’s healthcare experience and facilitate access to higher-touch personal weight-loss health care services and other offerings. If a subscription product you purchase requires a consultation with a Mochi Provider and/or includes a prescription product or other medication (collectively “Medications”) that you fill through one of the Pharmacies (once appropriately prescribed to you by a Mochi Provider, if applicable), then in addition to the Monthly Subscription Fee, you may also be required to pay a fee for the Medications filled by the Pharmacy (the “Medication Fee(s)”), which are collected on behalf of and paid to Pharmacies. Mochi reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.
The Monthly Subscription Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Monthly Subscription Fee for coverage under your or your Family Member’s insurance or benefit plan, and as such, you will be responsible for the cost of such Monthly Subscription Fee.
You may have the option to subscribe to automatic monthly fulfillment of certain Medications (a “Medication Subscription”). If you subscribe to a Medication Subscription, your Medication Subscription will continue and your payment method will be charged until you cancel the Medication Subscription or the Medication Subscription is otherwise cancelled by Mochi, the Pharmacy, or by a Mochi Provider.
The initial Medication Fee for a Medication Subscription will be provided at the time that you select and confirm the Medication Subscription. For each subsequent fulfillment of the Medication Subscription, the Medication Fee will be provided on the Site prior to fulfillment. The total cost charged to your payment method for the Medication Subscription will be the Medication Fee for the applicable medication on the day that order is processed (which is subject to change), plus any applicable taxes, shipping charges, and fees. Any medication credit balances on your account may be applied toward the balance of your Medication Fee(s) before charging any remaining balance to your payment method. We may change the price for a Medication Subscription at any time for any reason. Information about changes to Medication Fees will be made available on the Site.
You may cancel or request a modification to your Medication Subscription at any time prior to a refill request being sent to a pharmacy for fulfillment, by selecting ‘Modify’ from the medication page on the Site. If you cancel a Medication Subscription and then re-subscribe, the Medication Fee may not be the same as at the time of the subscription cancellation.
Mochi will charge the Monthly Subscription Fee and any Medication Fees to your or your Family Member’s designated billing account. You agree to make the payment using your designated payment method. Only valid payment methods acceptable to us may be used to complete a purchase of a subscription. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order(s) (including any applicable taxes and shipping and handling charges applicable to any Medication Fee). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.
All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application(s) accessible through the Services. This online payment processing application(s) is provided by Mochi’s third-party online payment processing vendor, Stripe, Inc. (“Payment Vendor”). Additional information about Mochi’s Payment Vendor or its respective privacy policies and information security measures should be available at Privacy Policy.
IF YOUR ACCOUNT IS SUBJECT TO THE MONTHLY SUBSCRIPTION FEE AND/OR A MEDICATION SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOUR DESIGNATED PAYMENT METHOD THE MONTHLY SUBSCRIPTION FEE AND/OR THE APPLICABLE MEDICATION FEE AT THE TIME OF INITIAL PAYMENT AND EACH AUTOMATIC MONTHLY RENEWAL (UNLESS YOU HAVE CHOSEN TO PREPAY THE MONTHLY SUBSCRIPTION FEE), UNTIL YOU CANCEL YOUR RESPECTIVE SUBSCRIPTION(S). YOU MUST CANCEL YOUR RESPECTIVE SUBSCRIPTION(S) BEFORE IT RENEWS TO AVOID BEING CHARGED THE MONTHLY SUBSCRIPTION FEE AND/OR MEDICATION FEES FOR THE APPLICABLE SUBSCRIPTION TERM.
Cancelling your Paid Membership. You can cancel your or your Family Member’s Paid Membership at any time by logging into your or your Family Member’s Mochi account and selecting “cancel subscription” or by contacting us at (619) 648-1247 and requesting to cancel you or your Family Member’s Paid Membership over the phone. All requests to cancel you or your Family Member’s Paid Membership must be submitted through one of the methods listed above. Contacting us at hello@joinmochi.com is NOT an acceptable way to request to cancel you or your Family Member’s Paid Membership or any Medication Subscription. Requests to cancel subscriptions received via email to hello@joinmochi.com or through any other method not listed above will NOT be considered valid requests to cancel you or your Family Member’s subscription.
Cancellation of your Paid Membership will take effect at the end of the then current subscription term. If you cancel your or your Family Member’s Paid Membership and the subscription term has not expired, you or your Family Member may continue to use the services provided under the Paid Membership until the end of the then-current subscription term and your or your Family Member’s Paid Membership subscription will not be renewed after the then-current subscription term expires. Cancelling of your Paid Membership will automatically result in a cancellation of any active Medication Subscriptions if such medications require an active Paid Membership subscription.
If the amount to be charged to you or your Family Member for the Monthly Subscription Fee varies from the amount you or your Family Member preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Monthly Subscription Fee, you or your Family Member have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you or your Family Member do not agree with the new amount in the notice, you or your Family Member may cancel the transaction by logging into you or your Family Member’s Mochi account and selecting “cancel subscription” or by contacting us at (619) 648-1247 and requesting to cancel you or your Family Member’s subscription over the phone.
Upon cancellation of your paid membership, your account will automatically revert to a free membership subscription (a “Free Membership”) with Mochi. You may continue to receive the services offered by Mochi to individuals subscribed to free Membership subscriptions.
If you subscribe to a Free Membership or if your Paid Membership is converted to a Free Membership, you may still access certain limited services and products provided by Mochi and Mochi Providers. Free Membership services do not included 1:1 video conference visits with Mochi Providers and may exclude certain categories of care and treatment offered by Mochi Providers and access to certain Medications.
Refunds. We do not offer refunds for partially used subscription periods, although we may provide refunds on a case-by-case basis in our sole and absolute discretion. Any refund amounts offered by Mochi in its sole and absolute discretion, will not exceed the total fee amount paid by you in the month preceding the refund request. You will not be eligible for a discretionary refund of a Monthly Subscription Fee for any month during which you received services from a Mochi Provider.
Medication Fees charged by Mochi on behalf of a Pharmacy for a Medication are not eligible for a refund, whether in part or in whole, once the order has been sent to a Pharmacy for dispensing.
We reserve the right to remedy issues and concerns you may raise on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each customer.
5. Termination
You may terminate your use of the Services by not using the Services anymore. If you are subscribed to a Paid Membership and you want you want to terminate your Paid Membership, please see the prior section (Section 4, “Subscription Fees”) for instructions on converting your account to a Free Membership.
Mochi reserves the right to terminate, suspend and/or deactivate your account and any active subscription with Mochi and/or terminate your use of any of our features or services at any time and for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Monthly Subscription Fee. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination, except as required by applicable law.
You agree that if your use of the Services is terminated by Mochi pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Mochi, Mochi Providers, and their affiliates harmless from any and all liability that any such parties may incur with respect thereto.
6. Consent to Electronic Communications
You agree that Mochi may send the following to you by email or by posting them on our Site: (i) legal disclosures; (ii) these Terms, including the Privacy Policy; (iii) the Patient Agreement; (iv) future changes to any of the above; and (v) other notices, policies, communications or disclosures, and information related to the Services, including any communications made by Mochi on behalf of the Mochi Providers.
You agree that Mochi may contact you via messaging, email, phone, text, or mail regarding your subscription or the Services, including communications from Mochi pertaining to your care and your health, which may include you or your Family Member’s health information. You understand that communication via email, text messages, and other electronic means selected by Mochi may not be secure and could be viewed by unintended persons, and you agree and consent to the exchange of such communications between you and Mochi via these electronic means. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Mochi.
If you later decide that you do not want to receive certain future communications electronically, you may opt out of certain non-transactional electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Mochi or by closing your account. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
However, Mochi will need to send you certain communications electronically regarding the Services that you will not be able to opt out of– e.g., communications regarding updates to the Terms or information about billing.
Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you.
7. Use of the Services
The Services and the information and content available through the Services are protected by copyright laws throughout the world. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services, including any information and content contained therein, solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.
The following is a list of the type of actions that you may not engage in with respect to the Services:
· You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
· You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
· You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
· You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
· You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
· You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
· You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; and
· You will not collect or store any personal information, including personally identifiable information, from users without their express permission.
8. Intellectual Property Rights
Mochi and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Mochi or other respective owners.
9. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Services, including information posted on the Mochi Site, is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
The Services are intended for use only within the United States. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
10. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE 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. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. 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.
11. Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your account and subscription(s) with Mochi (if applicable).
12. Dispute Resolution
Agreement to Arbitrate. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause, an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at optout@joinmochi.com or by regular mail to Mochi at 161 Natoma St., San Francisco, CA 94105, ATTN:“Arbitration Opt-out” within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. The Arbitration Opt-out Notice must include your full name, address, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at Rules, Forms, and Fees or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to optout@joinmochi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms or accessed our Services.
Limitation. No Dispute arising under or in connection with these Terms, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
13. Links to Third Party Websites
The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and security practices, or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us. It is your decision whether to connect to third party applications or access third party websites.
14. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless Mochi, and its representatives and agents, as well as the Mochi Providers, from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; or (b) the violation of these Terms; or (c) the violation of any intellectual property or other right of any person or entity; or (d) by any person using your account credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
15. General Provisions
These Terms and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy and Patient Agreement (if applicable), constitute the entire agreement relating to your use of the Services between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. Mochi may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination, including but not limited to the provisions of these Terms concerning the Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and Dispute resolution, indemnity and jurisdictional issues.
In the event any one or more of the provisions of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of these Terms remain in full force and effect and enforceable.
In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.
16. Medical Records
If you are a Mochi patient with an active membership, you can access patient-related information that we maintain about you through the patient portal on the Site. You can download a copy of your medical records by clicking the download link in the patient portal. If you are no longer an active patient of Mochi and do not have access to the patient portal on the Site, you may request a copy of your medical records by sending an email to medicalrecords@joinmochi.com or by sending a letter to Mochi Health Corp., Attn: Medical Records, 161 Natoma St, San Francisco, CA 94105, ATTN: Privacy, including your contact information and specifying the records you are requesting. Mochi may request additional information to confirm identify prior to providing copies of the requested medical records.
17. Mochi Referral Program Terms
Mochi offers a referral program (the “Referral Program”) to existing customers who are interested in referring friends and/or family members to Mochi. The Referral Program provides a $40 credit for Qualified Referrals (defined below), applicable only towards certain non-clinical services offered by Mochi as described in this Section (the “Referral Program Terms”). These Referral Program Terms are a binding agreement between you and Mochi and will govern your participation in any and all Referral Program offers, in addition to the Terms and the Privacy Policy. If you do not agree to the Referral Program Terms in their entirety, you are not authorized to participate in the Referral Program.
A “Qualified Referral” occurs when an existing customer (the “Referring Customer”) refers a first-time customer (the “Referred Customer”), and the Referred Customer completes the Mochi onboarding process. Upon completion of onboarding, both the Referring Customer and Referred Customer will receive a $40 credit (the “Referral Credits”) in their account applicable only towards any non-clinical portions of the Monthly Subscription Fees.
Referral Credits may only be redeemed by the Referred Customer at the time of purchasing an initial subscription with Mochi, or by the Referring Customer upon being charged the subsequent Monthly Subscription Fee by Mochi or upgrading the customer’s subscription. Referral Credits may not be retroactively applied or combined with any other discount codes or offers, and will be forfeited in the case of a subscription downgrade or failed payment by either a Referred or Referring Customer, as applicable. If the Referral Program is terminated by Mochi or the Referring Customer’s or Referred Customer’s account with Mochi is closed for any reason, any remaining earned Referral Credits will be forfeited.
By submitting a referral through the Referral Program, you authorize Mochi to send communications to the Referred Customer with information about Mochi and the Services, identifying you as a customer of Mochi and a user of the Services. Mochi may also include the name and information about Mochi Providers that you have met with.
Mochi reserves the right to modify the Referral Program Terms at any time, at its sole discretion, and without notice to you. Mochi may also, in its sole discretion, change, suspend, terminate, or modify any aspect of the Referral Program without notice. Mochi also reserves the right to disqualify any Referring Customer or Referred Customer at any time from participation in the Referral Program.
If you have any questions about these Terms, please contact us by phone at (619) 648-1247.
Mochi Medical– Patient Agreement
Updated: September 18, 2025
Mochi Medical– Patient Agreement
Updated: September 18, 2025
Mochi Medical– Patient Agreement
Updated: September 18, 2025
This Patient Agreement (this “Agreement”) governs your use of the health care services, including via telehealth (“Services”) provided by Mochi Medical, P.C., Mochi Medical CA, P.C., Mochi Medical NJ, P.C., and Mochi Medical KS, P.A., and other medical practices (collectively, “Mochi”, “we” or “us”) affiliated with Mochi Health Corp., and its affiliates. Please read this Agreement carefully before receiving Services from Mochi.
Mochi Health Corp. provides management and technology services to Mochi and also provides membership and other non-medical services to Mochi subscribers (“Subscription Services”), and the Mochi Health Terms of Use govern your use of the Subscription Services provided by Mochi Health Corp. Please read the Mochi Health Terms of Use carefully before using both the Services and Mochi Health Corp.’s Subscription Services.
By accepting this Agreement as either the patient, or patient’s legal representative, parent, guardian, conservator, or custodian of a minor child under 18 years of age (except as otherwise permitted by the laws of the state in which you are located if younger than 18, or such higher age of majority under applicable state law) or other person lacking the ability to consent (collectively “you” or “your”), you acknowledge to have read, accepted and become legally bound to the terms and conditions set forth below, including the Telehealth Services Consent contained herein. The terms “you” or “your” shall also mean the patient or recipient of health care services. We reference the Mochi website as the “Site” in this Agreement.
Please refer to our Notice of Privacy Practices to learn how Mochi may collect, use, share and protect your Protected Health Information or “PHI” (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA"). By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from Mochi.
YOU AGREE THAT DISPUTES BETWEEN YOU AND MOCHI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 11 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 11.
DO NOT USE THE SERVICES, INCLUDING VIA TELEHEALTH, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE-THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. Updates to the Agreement
Mochi may, in its sole discretion, without prior notice to you, revise this Agreement at any time. Should this Agreement change materially, Mochi will update the “Updated” date noted above and post a notice regarding the updated Agreement. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the change. If you continue using the Services after the Updated date, you will be bound by the updated Agreement.
2. Your Financial Responsibility; Assignment of Benefits
You agree to pay Mochi all applicable charges and payment responsibility at the prices then in effect for the Services provided to you or another person on whose behalf you are accepting this Agreement (such as your children or other family members) (each a “Covered Family Member”). You will be charged for the Services provided to you or a Covered Family Member by a Mochi practitioner. You authorize Mochi and its agents, including Mochi Health Corp., to charge your designated payment method (your “Payment Method”) for the Services provided to you, in accordance with the Mochi Health Terms of Use (Section 4, “Subscription Fees”).
Mochi is NOT enrolled with, and does not currently participate as a participating provider with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care services or supplies and, as such, neither you nor Mochi may receive payment from such programs for the services or products provided to you by Mochi. By choosing to use the Services, you are specifically choosing to obtain Services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any Services provided to you.
While Mochi currently does not directly bill any commercial insurance plans, if you have coverage through a commercial insurance plan, we may upon request provide you with a coded bill to submit to your insurance company. It is your responsibility to follow up with your insurance company and pay the bill in a timely manner.
To the extent Mochi later becomes in-network with any commercial insurance plan andyou provide information about your plan, that will be deemed your authorization for us to submit claims for covered Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to Mochi for the Services provided to you. You authorize the release of any medical or other information necessary to process any claims for the 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.
3. Permission to Treat
You hereby give permission to Mochi and its practitioners to care for you or a Covered Family Member. You may withdraw this consent at any time by no longer seeking Services from Mochi. You understand that if you refuse recommended care, you will not hold Mochi, any of practitioners (each a “Mochi Clinician”) responsible for any consequences of your refusal of care.
You understand and agree that as part of providing Services to you, your PHI may be uploaded to and documented in an online personal health record maintained by Mochi and shared with Mochi Clinicians electronically (in accordance with our Notice of Privacy Practices).
4. Prescription Products
Certain medication products require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless a licensed Mochi Clinician has conducted an appropriate assessment, and determined the prescription medication is appropriate for you, and the provider has written a prescription. Certain prescriptions may be filled through one of our partner pharmacies by using the Services or you may fill a prescription at any pharmacy of your choice as prompted during your use of the Service or by submitting your request to your Mochi Clinician.
If you choose to have a prescription issued by your Mochi Clinician filled through one of our partner pharmacies, the prescription product is shipped to you by the applicable pharmacy and the costs associated with the prescription are included in the total charged to you as part of your Monthly Subscription Fee with Mochi Health Corp, as described more fully in the Mochi Health Terms of Use. If you select to fill a prescription with a local pharmacy of your choosing, the prescription will be sent to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Your use of any pharmacies, including our partner pharmacies, to fulfill your prescription medications, such as payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving such third parties. You further agree that Mochi and its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of or interactions with any third parties to fulfill your prescription medications.
5. No Show Policy
Please be sure to email your Mochi Clinician directly at least twenty-four (24) hours ahead of the scheduled session if you need to cancel your appointment. If you miss an appointment without 24 hours’ advance notice, Mochi may charge a fee of $25.00 to your account.
6. Service Termination
You may terminate your use of the Services at any time by not using the Services anymore. Please see the Mochi Health Terms of Use with respect to termination of your subscription with Mochi Health Corp.
We may terminate your use of the 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, consecutive missed appointments, and continued refusal to pay for our Services. We may terminate your use of the Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you. Termination of the Services will also result in termination of your subscription with Mochi Health Corp., in accordance with the Mochi health Terms of Use.
7. Consent to Electronic Communications
You agree that Mochi may send the following to you by email or by posting them on our Site: (i) legal disclosures; (ii) this Agreement, including the Telehealth Services Consent and Notice of Privacy Practices; (iii) future changes to any of the above; and (iv) other notices, policies, communications or disclosures, and information related to the Services.
By signing this Agreement, you agree that Mochi may contact you via messaging, email, phone, text, or mail regarding the Services, including communications from Mochi pertaining to your care and your health, which may include PHI.You understand that communication via email, text messages, and other electronic means selected by Mochi may not be secure and could be viewed by unintended persons, and you agree and consent to the exchange of such communications between you and Mochi via these electronic means. 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, you may opt out of such communications through your account or by following the unsubscribe instructions in any communication you receive from Mochi. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you. However, Mochi will still need to send you certain communications electronically regarding the Services that you will not be able to opt out of – e.g., communications regarding updates to this Agreement or information about billing.
Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to and accepted by you.
8. Telehealth Services Consent
Mochi may directly provide Services to you or a Covered Family Member using virtual technology when the Mochi Clinician and you are not in the same physical location, and/or deliver health care services virtually, including via digital or automated tools, including without limitation tools for obesity- and weight loss-related diagnosis or treatment (the “Telehealth Services”).
Telehealth may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: (i) electronic transmission of patient medical records, and/or other patient data or information; (ii) synchronous (i.e., “real time”) and asynchronous (i.e., non-”real time”) interactions via audio, video, text, and/or data or other electronic communications; and (iii) automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare matters; and output, transmission or exchange of data from devices, sound and video files. You also acknowledge that such virtual encounters may involve care by a variety of types of Mochi Clinicians, including but not limited to physicians, nurse practitioners, physician assistants, and registered dietitians in accordance with applicable laws and regulations.
You understand that virtual encounters required to receive Telehealth Services via phone, email, video, or otherwise, could involve certain limitations and risk, including those detailed below, and you hereby consent to the use of automated tools for diagnosis, care, treatment or communication pertaining to healthcare matter and agree to the following terms with respect to use of the Telehealth Services:
· You understand that there may be possible risks and limitations of the Telehealth Services, including that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Site may not be sufficient or of too poor image quality, or there may be insufficient information or data to allow for appropriate medical decision making. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Mochi Clinician, or your Mochi Clinician may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Services, such as for certain laboratory services, or alternative healthcare or emergency services. Accordingly, you may be required to seek additional in-person medical care. If your health or medical problem or condition persists after use of the Telehealth Services, you will immediately contact your Services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.
· You understand that in rare circumstances, security protocols could fail, causing a breach of privacy that allows unauthorized persons access to your PHI.
· You agree NOT to use the Site using an unsecured public Wi-Fi or other unsecure electronic communication.
· You agree NOT to record any audio or visual communication transmitted via the Site, including Telehealth Services, without the express consent of all communicating parties.
· You understand that you are responsible for providing accurate information through the Site, including demographics and location information, medical histories, medication use, current adverse conditions, financial information, and keeping all such information current.
You agree to follow all recommendations, protocols and other instructions you receive concerning the use of the Site and from Mochi concerning the Telehealth Services.
9. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, MOCHI HEALTH CORP., EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND AFFILIATES, PARTNER PROVIDERS, AND NUTRITIONAL COACHES, 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 SERVICES.
The Services are intended for use only within the United States. We make no representation that the Services are appropriate or are available for use outside the U.S. or outside of the states in which Mochi operates its practices. Those who choose to access and use our 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 CMS Open Payments.
10. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MOCHI AND OUR AFFILIATES, MOCHI HEALTH CORP., EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND AFFILIATES, AND PARTNER PROVIDERS (INCLUDING ANY MOCHI CLINICIANS), 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 SERVICES OR FROM THE USE OF OR INABILITY TO USE THE 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.
11. Dispute Resolution
Agreement to Arbitrate. You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause, an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at optout@joinmochi.com or by regular mail to Mochi at 161 Natoma St., San Francisco, CA 94105 ATTN: ”Arbitration Opt-out” within thirty (30) days following the date you first accept this Agreement, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in San Francisco, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in San Francisco, California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at Rules, Forms, and Fees or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding anything to the contrary in this Agreement, if we change this “Dispute Resolution” section after the date you accepted this Agreement or access our Services, you may reject any such change by sending us written notice (including by email to optout@joinmochi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of this Agreement or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted this Agreement, or accessed our Services.
12. General Provisions
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Notice of Privacy Practices and the Terms of Use, constitute the entire agreement relating to your use of the Services between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
This Agreement does not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under this Agreement to anyone else without our consent. Mochi may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us may be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
Even after termination, this Agreement will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination, including but not limited to the provisions of this Agreement concerning disclaimers, limitation of liability, Dispute resolution, and jurisdictional issues.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.
13. Patient Weight Loss Bill of Rights
Certain state laws, such as Florida Statute Section 501.0575, set forth rights of consumers seeking professional weight-loss services. Please read these rights below if applicable to you:
WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1 ½ POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.
CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.
ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.
QUALIFICATIONS OF MOCHI CLINICIANS ARE AVAILABLE UPON REQUEST.
YOU HAVE A RIGHT TO:
ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND EDUCATIONAL COMPONENTS.
RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY TESTS.
KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.
KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM.
14. Medical Complaint Information
CALIFORNIA
NOTICE TO CONSUMERS
Medical doctors are licensed and regulated by the Medical Board of California
(800) 633-2322
www.mbc.ca.gov
Complaints may be filed online at http://www.mbc.ca.gov/Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it may be found at http://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should be submitted to:
Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
The Central Complaint Unit of the Medical Board of California is found by calling 1-800-633-2322 or by calling 916-263-2382.
INDIANA
To file a consumer compliant, you can request a complaint form by calling 1-800-382-5516 or 317-232-6330 and file the form with the Attorney General’s Office or complete the complaint online. The on-line complaint form is found at https://indianaattorneygeneral.secure.force.com/ConsumerComplaintForm.
RHODE ISLAND
Department of Health
Complaint Unit
401-222-5200
TEXAS
Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address:
Texas Medical Board
Attention: Investigations
333 Guadalupe, Tower 3, Suite 610
P.O. Box 2018, MC-263
Austin, Texas 78768-2018
Assistance in filing a complaint is available by calling the following telephone number: 1‑800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.
VERMONT
The Vermont Board of Medical Practice investigates complaints of unprofessional conduct. If you have a concern about a medical professional, you may contact the Board as indicated below. For more information see the Board's website here: http://www.healthvermont.gov/health-professionals-systems/board-medical-practice/file-complaint.
Vermont Department of Health
Board of Medical Practice
108 Cherry Street, PO Box 70
Burlington, VT 05402-0070
802-657-4220
This Patient Agreement (this “Agreement”) governs your use of the health care services, including via telehealth (“Services”) provided by Mochi Medical, P.C., Mochi Medical CA, P.C., Mochi Medical NJ, P.C., and Mochi Medical KS, P.A., and other medical practices (collectively, “Mochi”, “we” or “us”) affiliated with Mochi Health Corp., and its affiliates. Please read this Agreement carefully before receiving Services from Mochi.
Mochi Health Corp. provides management and technology services to Mochi and also provides membership and other non-medical services to Mochi subscribers (“Subscription Services”), and the Mochi Health Terms of Use govern your use of the Subscription Services provided by Mochi Health Corp. Please read the Mochi Health Terms of Use carefully before using both the Services and Mochi Health Corp.’s Subscription Services.
By accepting this Agreement as either the patient, or patient’s legal representative, parent, guardian, conservator, or custodian of a minor child under 18 years of age (except as otherwise permitted by the laws of the state in which you are located if younger than 18, or such higher age of majority under applicable state law) or other person lacking the ability to consent (collectively “you” or “your”), you acknowledge to have read, accepted and become legally bound to the terms and conditions set forth below, including the Telehealth Services Consent contained herein. The terms “you” or “your” shall also mean the patient or recipient of health care services. We reference the Mochi website as the “Site” in this Agreement.
Please refer to our Notice of Privacy Practices to learn how Mochi may collect, use, share and protect your Protected Health Information or “PHI” (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA"). By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from Mochi.
YOU AGREE THAT DISPUTES BETWEEN YOU AND MOCHI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 11 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 11.
DO NOT USE THE SERVICES, INCLUDING VIA TELEHEALTH, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE-THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. Updates to the Agreement
Mochi may, in its sole discretion, without prior notice to you, revise this Agreement at any time. Should this Agreement change materially, Mochi will update the “Updated” date noted above and post a notice regarding the updated Agreement. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the change. If you continue using the Services after the Updated date, you will be bound by the updated Agreement.
2. Your Financial Responsibility; Assignment of Benefits
You agree to pay Mochi all applicable charges and payment responsibility at the prices then in effect for the Services provided to you or another person on whose behalf you are accepting this Agreement (such as your children or other family members) (each a “Covered Family Member”). You will be charged for the Services provided to you or a Covered Family Member by a Mochi practitioner. You authorize Mochi and its agents, including Mochi Health Corp., to charge your designated payment method (your “Payment Method”) for the Services provided to you, in accordance with the Mochi Health Terms of Use (Section 4, “Subscription Fees”).
Mochi is NOT enrolled with, and does not currently participate as a participating provider with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care services or supplies and, as such, neither you nor Mochi may receive payment from such programs for the services or products provided to you by Mochi. By choosing to use the Services, you are specifically choosing to obtain Services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any Services provided to you.
While Mochi currently does not directly bill any commercial insurance plans, if you have coverage through a commercial insurance plan, we may upon request provide you with a coded bill to submit to your insurance company. It is your responsibility to follow up with your insurance company and pay the bill in a timely manner.
To the extent Mochi later becomes in-network with any commercial insurance plan andyou provide information about your plan, that will be deemed your authorization for us to submit claims for covered Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to Mochi for the Services provided to you. You authorize the release of any medical or other information necessary to process any claims for the 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.
3. Permission to Treat
You hereby give permission to Mochi and its practitioners to care for you or a Covered Family Member. You may withdraw this consent at any time by no longer seeking Services from Mochi. You understand that if you refuse recommended care, you will not hold Mochi, any of practitioners (each a “Mochi Clinician”) responsible for any consequences of your refusal of care.
You understand and agree that as part of providing Services to you, your PHI may be uploaded to and documented in an online personal health record maintained by Mochi and shared with Mochi Clinicians electronically (in accordance with our Notice of Privacy Practices).
4. Prescription Products
Certain medication products require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless a licensed Mochi Clinician has conducted an appropriate assessment, and determined the prescription medication is appropriate for you, and the provider has written a prescription. Certain prescriptions may be filled through one of our partner pharmacies by using the Services or you may fill a prescription at any pharmacy of your choice as prompted during your use of the Service or by submitting your request to your Mochi Clinician.
If you choose to have a prescription issued by your Mochi Clinician filled through one of our partner pharmacies, the prescription product is shipped to you by the applicable pharmacy and the costs associated with the prescription are included in the total charged to you as part of your Monthly Subscription Fee with Mochi Health Corp, as described more fully in the Mochi Health Terms of Use. If you select to fill a prescription with a local pharmacy of your choosing, the prescription will be sent to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Your use of any pharmacies, including our partner pharmacies, to fulfill your prescription medications, such as payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving such third parties. You further agree that Mochi and its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of or interactions with any third parties to fulfill your prescription medications.
5. No Show Policy
Please be sure to email your Mochi Clinician directly at least twenty-four (24) hours ahead of the scheduled session if you need to cancel your appointment. If you miss an appointment without 24 hours’ advance notice, Mochi may charge a fee of $25.00 to your account.
6. Service Termination
You may terminate your use of the Services at any time by not using the Services anymore. Please see the Mochi Health Terms of Use with respect to termination of your subscription with Mochi Health Corp.
We may terminate your use of the 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, consecutive missed appointments, and continued refusal to pay for our Services. We may terminate your use of the Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you. Termination of the Services will also result in termination of your subscription with Mochi Health Corp., in accordance with the Mochi health Terms of Use.
7. Consent to Electronic Communications
You agree that Mochi may send the following to you by email or by posting them on our Site: (i) legal disclosures; (ii) this Agreement, including the Telehealth Services Consent and Notice of Privacy Practices; (iii) future changes to any of the above; and (iv) other notices, policies, communications or disclosures, and information related to the Services.
By signing this Agreement, you agree that Mochi may contact you via messaging, email, phone, text, or mail regarding the Services, including communications from Mochi pertaining to your care and your health, which may include PHI.You understand that communication via email, text messages, and other electronic means selected by Mochi may not be secure and could be viewed by unintended persons, and you agree and consent to the exchange of such communications between you and Mochi via these electronic means. 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, you may opt out of such communications through your account or by following the unsubscribe instructions in any communication you receive from Mochi. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you. However, Mochi will still need to send you certain communications electronically regarding the Services that you will not be able to opt out of – e.g., communications regarding updates to this Agreement or information about billing.
Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to and accepted by you.
8. Telehealth Services Consent
Mochi may directly provide Services to you or a Covered Family Member using virtual technology when the Mochi Clinician and you are not in the same physical location, and/or deliver health care services virtually, including via digital or automated tools, including without limitation tools for obesity- and weight loss-related diagnosis or treatment (the “Telehealth Services”).
Telehealth may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: (i) electronic transmission of patient medical records, and/or other patient data or information; (ii) synchronous (i.e., “real time”) and asynchronous (i.e., non-”real time”) interactions via audio, video, text, and/or data or other electronic communications; and (iii) automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare matters; and output, transmission or exchange of data from devices, sound and video files. You also acknowledge that such virtual encounters may involve care by a variety of types of Mochi Clinicians, including but not limited to physicians, nurse practitioners, physician assistants, and registered dietitians in accordance with applicable laws and regulations.
You understand that virtual encounters required to receive Telehealth Services via phone, email, video, or otherwise, could involve certain limitations and risk, including those detailed below, and you hereby consent to the use of automated tools for diagnosis, care, treatment or communication pertaining to healthcare matter and agree to the following terms with respect to use of the Telehealth Services:
· You understand that there may be possible risks and limitations of the Telehealth Services, including that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Site may not be sufficient or of too poor image quality, or there may be insufficient information or data to allow for appropriate medical decision making. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Mochi Clinician, or your Mochi Clinician may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Services, such as for certain laboratory services, or alternative healthcare or emergency services. Accordingly, you may be required to seek additional in-person medical care. If your health or medical problem or condition persists after use of the Telehealth Services, you will immediately contact your Services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.
· You understand that in rare circumstances, security protocols could fail, causing a breach of privacy that allows unauthorized persons access to your PHI.
· You agree NOT to use the Site using an unsecured public Wi-Fi or other unsecure electronic communication.
· You agree NOT to record any audio or visual communication transmitted via the Site, including Telehealth Services, without the express consent of all communicating parties.
· You understand that you are responsible for providing accurate information through the Site, including demographics and location information, medical histories, medication use, current adverse conditions, financial information, and keeping all such information current.
You agree to follow all recommendations, protocols and other instructions you receive concerning the use of the Site and from Mochi concerning the Telehealth Services.
9. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, MOCHI HEALTH CORP., EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND AFFILIATES, PARTNER PROVIDERS, AND NUTRITIONAL COACHES, 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 SERVICES.
The Services are intended for use only within the United States. We make no representation that the Services are appropriate or are available for use outside the U.S. or outside of the states in which Mochi operates its practices. Those who choose to access and use our 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 CMS Open Payments.
10. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MOCHI AND OUR AFFILIATES, MOCHI HEALTH CORP., EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND AFFILIATES, AND PARTNER PROVIDERS (INCLUDING ANY MOCHI CLINICIANS), 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 SERVICES OR FROM THE USE OF OR INABILITY TO USE THE 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.
11. Dispute Resolution
Agreement to Arbitrate. You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause, an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at optout@joinmochi.com or by regular mail to Mochi at 161 Natoma St., San Francisco, CA 94105 ATTN: ”Arbitration Opt-out” within thirty (30) days following the date you first accept this Agreement, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in San Francisco, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in San Francisco, California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at Rules, Forms, and Fees or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding anything to the contrary in this Agreement, if we change this “Dispute Resolution” section after the date you accepted this Agreement or access our Services, you may reject any such change by sending us written notice (including by email to optout@joinmochi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of this Agreement or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted this Agreement, or accessed our Services.
12. General Provisions
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Notice of Privacy Practices and the Terms of Use, constitute the entire agreement relating to your use of the Services between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
This Agreement does not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under this Agreement to anyone else without our consent. Mochi may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us may be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
Even after termination, this Agreement will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination, including but not limited to the provisions of this Agreement concerning disclaimers, limitation of liability, Dispute resolution, and jurisdictional issues.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.
13. Patient Weight Loss Bill of Rights
Certain state laws, such as Florida Statute Section 501.0575, set forth rights of consumers seeking professional weight-loss services. Please read these rights below if applicable to you:
WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1 ½ POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.
CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.
ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.
QUALIFICATIONS OF MOCHI CLINICIANS ARE AVAILABLE UPON REQUEST.
YOU HAVE A RIGHT TO:
ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND EDUCATIONAL COMPONENTS.
RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY TESTS.
KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.
KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM.
14. Medical Complaint Information
CALIFORNIA
NOTICE TO CONSUMERS
Medical doctors are licensed and regulated by the Medical Board of California
(800) 633-2322
www.mbc.ca.gov
Complaints may be filed online at http://www.mbc.ca.gov/Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it may be found at http://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should be submitted to:
Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
The Central Complaint Unit of the Medical Board of California is found by calling 1-800-633-2322 or by calling 916-263-2382.
INDIANA
To file a consumer compliant, you can request a complaint form by calling 1-800-382-5516 or 317-232-6330 and file the form with the Attorney General’s Office or complete the complaint online. The on-line complaint form is found at https://indianaattorneygeneral.secure.force.com/ConsumerComplaintForm.
RHODE ISLAND
Department of Health
Complaint Unit
401-222-5200
TEXAS
Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address:
Texas Medical Board
Attention: Investigations
333 Guadalupe, Tower 3, Suite 610
P.O. Box 2018, MC-263
Austin, Texas 78768-2018
Assistance in filing a complaint is available by calling the following telephone number: 1‑800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.
VERMONT
The Vermont Board of Medical Practice investigates complaints of unprofessional conduct. If you have a concern about a medical professional, you may contact the Board as indicated below. For more information see the Board's website here: http://www.healthvermont.gov/health-professionals-systems/board-medical-practice/file-complaint.
Vermont Department of Health
Board of Medical Practice
108 Cherry Street, PO Box 70
Burlington, VT 05402-0070
802-657-4220
This Patient Agreement (this “Agreement”) governs your use of the health care services, including via telehealth (“Services”) provided by Mochi Medical, P.C., Mochi Medical CA, P.C., Mochi Medical NJ, P.C., and Mochi Medical KS, P.A., and other medical practices (collectively, “Mochi”, “we” or “us”) affiliated with Mochi Health Corp., and its affiliates. Please read this Agreement carefully before receiving Services from Mochi.
Mochi Health Corp. provides management and technology services to Mochi and also provides membership and other non-medical services to Mochi subscribers (“Subscription Services”), and the Mochi Health Terms of Use govern your use of the Subscription Services provided by Mochi Health Corp. Please read the Mochi Health Terms of Use carefully before using both the Services and Mochi Health Corp.’s Subscription Services.
By accepting this Agreement as either the patient, or patient’s legal representative, parent, guardian, conservator, or custodian of a minor child under 18 years of age (except as otherwise permitted by the laws of the state in which you are located if younger than 18, or such higher age of majority under applicable state law) or other person lacking the ability to consent (collectively “you” or “your”), you acknowledge to have read, accepted and become legally bound to the terms and conditions set forth below, including the Telehealth Services Consent contained herein. The terms “you” or “your” shall also mean the patient or recipient of health care services. We reference the Mochi website as the “Site” in this Agreement.
Please refer to our Notice of Privacy Practices to learn how Mochi may collect, use, share and protect your Protected Health Information or “PHI” (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA"). By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from Mochi.
YOU AGREE THAT DISPUTES BETWEEN YOU AND MOCHI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 11 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 11.
DO NOT USE THE SERVICES, INCLUDING VIA TELEHEALTH, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE-THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. Updates to the Agreement
Mochi may, in its sole discretion, without prior notice to you, revise this Agreement at any time. Should this Agreement change materially, Mochi will update the “Updated” date noted above and post a notice regarding the updated Agreement. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the change. If you continue using the Services after the Updated date, you will be bound by the updated Agreement.
2. Your Financial Responsibility; Assignment of Benefits
You agree to pay Mochi all applicable charges and payment responsibility at the prices then in effect for the Services provided to you or another person on whose behalf you are accepting this Agreement (such as your children or other family members) (each a “Covered Family Member”). You will be charged for the Services provided to you or a Covered Family Member by a Mochi practitioner. You authorize Mochi and its agents, including Mochi Health Corp., to charge your designated payment method (your “Payment Method”) for the Services provided to you, in accordance with the Mochi Health Terms of Use (Section 4, “Subscription Fees”).
Mochi is NOT enrolled with, and does not currently participate as a participating provider with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care services or supplies and, as such, neither you nor Mochi may receive payment from such programs for the services or products provided to you by Mochi. By choosing to use the Services, you are specifically choosing to obtain Services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any Services provided to you.
While Mochi currently does not directly bill any commercial insurance plans, if you have coverage through a commercial insurance plan, we may upon request provide you with a coded bill to submit to your insurance company. It is your responsibility to follow up with your insurance company and pay the bill in a timely manner.
To the extent Mochi later becomes in-network with any commercial insurance plan andyou provide information about your plan, that will be deemed your authorization for us to submit claims for covered Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to Mochi for the Services provided to you. You authorize the release of any medical or other information necessary to process any claims for the 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.
3. Permission to Treat
You hereby give permission to Mochi and its practitioners to care for you or a Covered Family Member. You may withdraw this consent at any time by no longer seeking Services from Mochi. You understand that if you refuse recommended care, you will not hold Mochi, any of practitioners (each a “Mochi Clinician”) responsible for any consequences of your refusal of care.
You understand and agree that as part of providing Services to you, your PHI may be uploaded to and documented in an online personal health record maintained by Mochi and shared with Mochi Clinicians electronically (in accordance with our Notice of Privacy Practices).
4. Prescription Products
Certain medication products require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless a licensed Mochi Clinician has conducted an appropriate assessment, and determined the prescription medication is appropriate for you, and the provider has written a prescription. Certain prescriptions may be filled through one of our partner pharmacies by using the Services or you may fill a prescription at any pharmacy of your choice as prompted during your use of the Service or by submitting your request to your Mochi Clinician.
If you choose to have a prescription issued by your Mochi Clinician filled through one of our partner pharmacies, the prescription product is shipped to you by the applicable pharmacy and the costs associated with the prescription are included in the total charged to you as part of your Monthly Subscription Fee with Mochi Health Corp, as described more fully in the Mochi Health Terms of Use. If you select to fill a prescription with a local pharmacy of your choosing, the prescription will be sent to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Your use of any pharmacies, including our partner pharmacies, to fulfill your prescription medications, such as payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving such third parties. You further agree that Mochi and its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of or interactions with any third parties to fulfill your prescription medications.
5. No Show Policy
Please be sure to email your Mochi Clinician directly at least twenty-four (24) hours ahead of the scheduled session if you need to cancel your appointment. If you miss an appointment without 24 hours’ advance notice, Mochi may charge a fee of $25.00 to your account.
6. Service Termination
You may terminate your use of the Services at any time by not using the Services anymore. Please see the Mochi Health Terms of Use with respect to termination of your subscription with Mochi Health Corp.
We may terminate your use of the 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, consecutive missed appointments, and continued refusal to pay for our Services. We may terminate your use of the Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you. Termination of the Services will also result in termination of your subscription with Mochi Health Corp., in accordance with the Mochi health Terms of Use.
7. Consent to Electronic Communications
You agree that Mochi may send the following to you by email or by posting them on our Site: (i) legal disclosures; (ii) this Agreement, including the Telehealth Services Consent and Notice of Privacy Practices; (iii) future changes to any of the above; and (iv) other notices, policies, communications or disclosures, and information related to the Services.
By signing this Agreement, you agree that Mochi may contact you via messaging, email, phone, text, or mail regarding the Services, including communications from Mochi pertaining to your care and your health, which may include PHI.You understand that communication via email, text messages, and other electronic means selected by Mochi may not be secure and could be viewed by unintended persons, and you agree and consent to the exchange of such communications between you and Mochi via these electronic means. 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, you may opt out of such communications through your account or by following the unsubscribe instructions in any communication you receive from Mochi. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you. However, Mochi will still need to send you certain communications electronically regarding the Services that you will not be able to opt out of – e.g., communications regarding updates to this Agreement or information about billing.
Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to and accepted by you.
8. Telehealth Services Consent
Mochi may directly provide Services to you or a Covered Family Member using virtual technology when the Mochi Clinician and you are not in the same physical location, and/or deliver health care services virtually, including via digital or automated tools, including without limitation tools for obesity- and weight loss-related diagnosis or treatment (the “Telehealth Services”).
Telehealth may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: (i) electronic transmission of patient medical records, and/or other patient data or information; (ii) synchronous (i.e., “real time”) and asynchronous (i.e., non-”real time”) interactions via audio, video, text, and/or data or other electronic communications; and (iii) automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare matters; and output, transmission or exchange of data from devices, sound and video files. You also acknowledge that such virtual encounters may involve care by a variety of types of Mochi Clinicians, including but not limited to physicians, nurse practitioners, physician assistants, and registered dietitians in accordance with applicable laws and regulations.
You understand that virtual encounters required to receive Telehealth Services via phone, email, video, or otherwise, could involve certain limitations and risk, including those detailed below, and you hereby consent to the use of automated tools for diagnosis, care, treatment or communication pertaining to healthcare matter and agree to the following terms with respect to use of the Telehealth Services:
· You understand that there may be possible risks and limitations of the Telehealth Services, including that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Site may not be sufficient or of too poor image quality, or there may be insufficient information or data to allow for appropriate medical decision making. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Mochi Clinician, or your Mochi Clinician may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Services, such as for certain laboratory services, or alternative healthcare or emergency services. Accordingly, you may be required to seek additional in-person medical care. If your health or medical problem or condition persists after use of the Telehealth Services, you will immediately contact your Services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.
· You understand that in rare circumstances, security protocols could fail, causing a breach of privacy that allows unauthorized persons access to your PHI.
· You agree NOT to use the Site using an unsecured public Wi-Fi or other unsecure electronic communication.
· You agree NOT to record any audio or visual communication transmitted via the Site, including Telehealth Services, without the express consent of all communicating parties.
· You understand that you are responsible for providing accurate information through the Site, including demographics and location information, medical histories, medication use, current adverse conditions, financial information, and keeping all such information current.
You agree to follow all recommendations, protocols and other instructions you receive concerning the use of the Site and from Mochi concerning the Telehealth Services.
9. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, MOCHI HEALTH CORP., EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND AFFILIATES, PARTNER PROVIDERS, AND NUTRITIONAL COACHES, 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 SERVICES.
The Services are intended for use only within the United States. We make no representation that the Services are appropriate or are available for use outside the U.S. or outside of the states in which Mochi operates its practices. Those who choose to access and use our 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 CMS Open Payments.
10. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MOCHI AND OUR AFFILIATES, MOCHI HEALTH CORP., EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND AFFILIATES, AND PARTNER PROVIDERS (INCLUDING ANY MOCHI CLINICIANS), 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 SERVICES OR FROM THE USE OF OR INABILITY TO USE THE 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.
11. Dispute Resolution
Agreement to Arbitrate. You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause, an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at optout@joinmochi.com or by regular mail to Mochi at 161 Natoma St., San Francisco, CA 94105 ATTN: ”Arbitration Opt-out” within thirty (30) days following the date you first accept this Agreement, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in San Francisco, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in San Francisco, California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at Rules, Forms, and Fees or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding anything to the contrary in this Agreement, if we change this “Dispute Resolution” section after the date you accepted this Agreement or access our Services, you may reject any such change by sending us written notice (including by email to optout@joinmochi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of this Agreement or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted this Agreement, or accessed our Services.
12. General Provisions
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Notice of Privacy Practices and the Terms of Use, constitute the entire agreement relating to your use of the Services between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
This Agreement does not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under this Agreement to anyone else without our consent. Mochi may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us may be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
Even after termination, this Agreement will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination, including but not limited to the provisions of this Agreement concerning disclaimers, limitation of liability, Dispute resolution, and jurisdictional issues.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.
13. Patient Weight Loss Bill of Rights
Certain state laws, such as Florida Statute Section 501.0575, set forth rights of consumers seeking professional weight-loss services. Please read these rights below if applicable to you:
WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1 ½ POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.
CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.
ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.
QUALIFICATIONS OF MOCHI CLINICIANS ARE AVAILABLE UPON REQUEST.
YOU HAVE A RIGHT TO:
ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND EDUCATIONAL COMPONENTS.
RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY TESTS.
KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.
KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM.
14. Medical Complaint Information
CALIFORNIA
NOTICE TO CONSUMERS
Medical doctors are licensed and regulated by the Medical Board of California
(800) 633-2322
www.mbc.ca.gov
Complaints may be filed online at http://www.mbc.ca.gov/Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it may be found at http://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should be submitted to:
Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
The Central Complaint Unit of the Medical Board of California is found by calling 1-800-633-2322 or by calling 916-263-2382.
INDIANA
To file a consumer compliant, you can request a complaint form by calling 1-800-382-5516 or 317-232-6330 and file the form with the Attorney General’s Office or complete the complaint online. The on-line complaint form is found at https://indianaattorneygeneral.secure.force.com/ConsumerComplaintForm.
RHODE ISLAND
Department of Health
Complaint Unit
401-222-5200
TEXAS
Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address:
Texas Medical Board
Attention: Investigations
333 Guadalupe, Tower 3, Suite 610
P.O. Box 2018, MC-263
Austin, Texas 78768-2018
Assistance in filing a complaint is available by calling the following telephone number: 1‑800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.
VERMONT
The Vermont Board of Medical Practice investigates complaints of unprofessional conduct. If you have a concern about a medical professional, you may contact the Board as indicated below. For more information see the Board's website here: http://www.healthvermont.gov/health-professionals-systems/board-medical-practice/file-complaint.
Vermont Department of Health
Board of Medical Practice
108 Cherry Street, PO Box 70
Burlington, VT 05402-0070
802-657-4220
Mochi Medical- Informed Consent for Telehealth Visits
Mochi Health- Informed Consent for Telehealth Visits
Effective Date: August 25, 2023
Updated: April 8, 2024
I hereby consent to receiving treatment through telehealth from my Mochi Medical clinician or a qualified member of the Mochi Medical care team. I understand that “telehealth” is the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. I understand that telehealth also involves the communication of my medical information, both orally and visually, to health care clinicians located at Mochi Medical affiliated facilities or elsewhere.
I understand that I have the following rights with respect to telehealth:
I have the right to withhold or withdraw consent at any time without affecting my right to future care or treatment or risking the loss or withdrawal of any program benefits to which I would otherwise be entitled. I understand that receiving treatment through telehealth does not mean I cannot receive in-person health care services, either today or in the future. I understand that there are limitations to the types of treatment that can be appropriately provided via telehealth, and that my Mochi Medical clinician determines whether or not it is appropriate for me to receive treatment via telehealth.
I understand that the information disclosed by me during the course of my treatment is generally confidential. However, there are both mandatory and permissive exceptions to confidentiality, including but not limited to reporting child, elder, and depending adult abuse, expressed threats of violence towards an ascertainable victim, and where I make my mental or emotional state an issue in a legal proceeding. I also understand that the dissemination of any personally identifiable images from the telehealth interaction to other entities shall not occur without my written consent.
I understand that I may benefit from telehealth, but that results cannot be guaranteed or assured. I also understand that there are risks involved in receiving treatment via telehealth, such as interruption of the audio-video connection or delays in receiving treatment because of technological failures.
I understand that I have a right to access my health information and copies of medical records in accordance with state and federal law.
I understand that I can discuss any questions that I have with my Mochi Medical clinician at the beginning of my telehealth consult, that my clinician will answer any such questions, and that I may decline to continue the telehealth consultation at any time.
By beginning my telehealth consult, I confirm that I have read and understand the information in this Informed Consent and that my name and identity have been correctly identified, and that I give my informed consent to receive treatment via telehealth from Mochi Medical.
I hereby consent to receiving treatment through telehealth from my Mochi Medical clinician or a qualified member of the Mochi Medical care team. I understand that “telehealth” is the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. I understand that telehealth also involves the communication of my medical information, both orally and visually, to health care clinicians located at Mochi Medical affiliated facilities or elsewhere.
I understand that I have the following rights with respect to telehealth:
I have the right to withhold or withdraw consent at any time without affecting my right to future care or treatment or risking the loss or withdrawal of any program benefits to which I would otherwise be entitled. I understand that receiving treatment through telehealth does not mean I cannot receive in-person health care services, either today or in the future. I understand that there are limitations to the types of treatment that can be appropriately provided via telehealth, and that my Mochi Medical clinician determines whether or not it is appropriate for me to receive treatment via telehealth.
I understand that the information disclosed by me during the course of my treatment is generally confidential. However, there are both mandatory and permissive exceptions to confidentiality, including but not limited to reporting child, elder, and depending adult abuse, expressed threats of violence towards an ascertainable victim, and where I make my mental or emotional state an issue in a legal proceeding. I also understand that the dissemination of any personally identifiable images from the telehealth interaction to other entities shall not occur without my written consent.
I understand that I may benefit from telehealth, but that results cannot be guaranteed or assured. I also understand that there are risks involved in receiving treatment via telehealth, such as interruption of the audio-video connection or delays in receiving treatment because of technological failures.
I understand that I have a right to access my health information and copies of medical records in accordance with state and federal law.
I understand that I can discuss any questions that I have with my Mochi Medical clinician at the beginning of my telehealth consult, that my clinician will answer any such questions, and that I may decline to continue the telehealth consultation at any time.
By beginning my telehealth consult, I confirm that I have read and understand the information in this Informed Consent and that my name and identity have been correctly identified, and that I give my informed consent to receive treatment via telehealth from Mochi Medical.
I hereby consent to receiving treatment through telehealth from my Mochi Medical clinician or a qualified member of the Mochi Medical care team. I understand that “telehealth” is the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. I understand that telehealth also involves the communication of my medical information, both orally and visually, to health care clinicians located at Mochi Medical affiliated facilities or elsewhere.
I understand that I have the following rights with respect to telehealth:
I have the right to withhold or withdraw consent at any time without affecting my right to future care or treatment or risking the loss or withdrawal of any program benefits to which I would otherwise be entitled. I understand that receiving treatment through telehealth does not mean I cannot receive in-person health care services, either today or in the future. I understand that there are limitations to the types of treatment that can be appropriately provided via telehealth, and that my Mochi Medical clinician determines whether or not it is appropriate for me to receive treatment via telehealth.
I understand that the information disclosed by me during the course of my treatment is generally confidential. However, there are both mandatory and permissive exceptions to confidentiality, including but not limited to reporting child, elder, and depending adult abuse, expressed threats of violence towards an ascertainable victim, and where I make my mental or emotional state an issue in a legal proceeding. I also understand that the dissemination of any personally identifiable images from the telehealth interaction to other entities shall not occur without my written consent.
I understand that I may benefit from telehealth, but that results cannot be guaranteed or assured. I also understand that there are risks involved in receiving treatment via telehealth, such as interruption of the audio-video connection or delays in receiving treatment because of technological failures.
I understand that I have a right to access my health information and copies of medical records in accordance with state and federal law.
I understand that I can discuss any questions that I have with my Mochi Medical clinician at the beginning of my telehealth consult, that my clinician will answer any such questions, and that I may decline to continue the telehealth consultation at any time.
By beginning my telehealth consult, I confirm that I have read and understand the information in this Informed Consent and that my name and identity have been correctly identified, and that I give my informed consent to receive treatment via telehealth from Mochi Medical.
Mochi Medical- Notice of Privacy Practices
Mochi Medical- Notice of Privacy Practices
Mochi Health- Informed Consent for Telehealth Visits
Your Information. Your Rights. Our Responsibilities.
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
We will take steps to confirm that the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
You can complain if you feel we have violated your rights by contacting us at privacy@joinmochi.com.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting HIPAA What to Expect | HHS.gov .
We will not retaliate against you for filing a complaint.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
Share information with your family, close friends, or others involved in your care
Share information in a disaster relief situation
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
Marketing purposes
Sale of your information
Most sharing of psychotherapy notes
In the case of fundraising:
We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways:
Treat you
We can use your health information and share it with with our affiliates, business associates, or other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Run our organization
We can use and share your health information with our affiliates and business associates to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
We can use and share your health information with our affiliates and business associates to bill and to get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: Your Rights Under HIPAA | HHS.gov .
Help with public health and safety issues. We can share health information about you for certain situations such as:
Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone’s health or safety
Do research
We can use or share your information for health research.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
For workers’ compensation claims
For law enforcement purposes or with a law enforcement official
With health oversight agencies for activities authorized by law
For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
Our Responsibilities
We are required by law to maintain the privacy and security of your protected health information.
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: Notice of Privacy Practices | HHS.gov .
Changes to the Terms of this Notice
Your Information. Your Rights. Our Responsibilities.
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
We will take steps to confirm that the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
You can complain if you feel we have violated your rights by contacting us at privacy@joinmochi.com.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting HIPAA What to Expect | HHS.gov .
We will not retaliate against you for filing a complaint.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
Share information with your family, close friends, or others involved in your care
Share information in a disaster relief situation
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
Marketing purposes
Sale of your information
Most sharing of psychotherapy notes
In the case of fundraising:
We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways:
Treat you
We can use your health information and share it with with our affiliates, business associates, or other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Run our organization
We can use and share your health information with our affiliates and business associates to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
We can use and share your health information with our affiliates and business associates to bill and to get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: Your Rights Under HIPAA | HHS.gov .
Help with public health and safety issues. We can share health information about you for certain situations such as:
Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone’s health or safety
Do research
We can use or share your information for health research.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
For workers’ compensation claims
For law enforcement purposes or with a law enforcement official
With health oversight agencies for activities authorized by law
For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
Our Responsibilities
We are required by law to maintain the privacy and security of your protected health information.
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: Notice of Privacy Practices | HHS.gov .
Changes to the Terms of this Notice
Your Information. Your Rights. Our Responsibilities.
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
We will take steps to confirm that the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
You can complain if you feel we have violated your rights by contacting us at privacy@joinmochi.com.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting HIPAA What to Expect | HHS.gov .
We will not retaliate against you for filing a complaint.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
Share information with your family, close friends, or others involved in your care
Share information in a disaster relief situation
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
Marketing purposes
Sale of your information
Most sharing of psychotherapy notes
In the case of fundraising:
We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways:
Treat you
We can use your health information and share it with with our affiliates, business associates, or other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Run our organization
We can use and share your health information with our affiliates and business associates to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
We can use and share your health information with our affiliates and business associates to bill and to get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: Your Rights Under HIPAA | HHS.gov .
Help with public health and safety issues. We can share health information about you for certain situations such as:
Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone’s health or safety
Do research
We can use or share your information for health research.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
For workers’ compensation claims
For law enforcement purposes or with a law enforcement official
With health oversight agencies for activities authorized by law
For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
Our Responsibilities
We are required by law to maintain the privacy and security of your protected health information.
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: Notice of Privacy Practices | HHS.gov .
Changes to the Terms of this Notice
© 2025 Mochi Health
All professional medical services are provided by licensed physicians and clinicians affiliated with independently owned and operated professional practices. Mochi Health Corp. provides administrative and technology services to affiliated medical practices it supports, and does not provide any professional medical services itself.
© 2025 Mochi Health
All professional medical services are provided by licensed physicians and clinicians affiliated with independently owned and operated professional practices. Mochi Health Corp. provides administrative and technology services to affiliated medical practices it supports, and does not provide any professional medical services itself.
© 2025 Mochi Health
All professional medical services are provided by licensed physicians and clinicians affiliated with independently owned and operated professional practices. Mochi Health Corp. provides administrative and technology services to affiliated medical practices it supports, and does not provide any professional medical services itself.