These Terms of Use ("Terms") govern access to and use of the EnsureCare platform, website, and communication services provided by EnsureCare, Inc. ("EnsureCare," "we," "us," or "our"). By using the platform or enrolling in our communication programs, you agree to these Terms.
The service
EnsureCare provides a patient-engagement platform that healthcare providers use to send appointment reminders, confirmations, reschedule notices, and care-plan and medication adherence check-ins by text message and voice, and to manage related communications. Providers are responsible for how they configure and use the platform with their patients.
Accounts and acceptable use
- Provider users are responsible for maintaining the confidentiality of their credentials and for activity under their accounts.
- You agree to use the platform only for lawful purposes and in compliance with applicable laws, carrier requirements, and messaging regulations, including obtaining any required consent before contacting patients.
- You may not use the platform to send unlawful, harassing, deceptive, or unsolicited messages.
Consent and patient communications
Communications are sent only to individuals who have consented to be contacted. By enrolling, a patient consents to receive communications from EnsureCare and their healthcare provider through the channels the provider enables, which may include automated telephone calls, prerecorded or artificial-voice calls, text messages (SMS), emails, and in-application messages. Consent to receive automated communications is not a condition of purchase or of receiving care. Patients may withdraw consent at any time as described below and in our Privacy Policy.
Essential communications. After a patient opts out of SMS, EnsureCare and the provider may still send communications that are necessary for service delivery, security, identity verification, appointment coordination, or legal compliance, but only through other permitted channels and not by SMS unless the patient later replies START to rejoin.
Provider responsibility. The healthcare provider (Customer) is responsible for obtaining and maintaining any consents, authorizations, or permissions required by HIPAA and applicable federal and state communication and privacy laws before patient contact information is used with the platform.
Text messaging program terms
Program: The EnsureCare SMS program sends appointment reminders, confirmations, reschedule notices, and care-plan and medication adherence check-ins to patients of participating healthcare providers. Some messages are two-way (for example, reply to confirm or reschedule).
Enrollment (consent): Patients are enrolled at the point of care by provider front-desk staff during scheduling or check-in, after stating a communication preference and consenting to receive text messages.
Message frequency varies and depends on appointments and care plans.
Cost: Message and data rates may apply. EnsureCare does not charge for the messages; your mobile carrier's standard rates may apply.
Opt out: Reply STOP at any time to cancel SMS. You will receive one confirmation message and then no further SMS unless you later reply START to rejoin.
Help: Reply HELP for assistance, or email [email protected].
Delivery: Carriers are not liable for delayed or undelivered messages. Delivery depends on your mobile carrier and is not guaranteed.
Privacy: Information is handled per our Privacy Policy; mobile numbers and SMS consent are never shared with third parties for marketing.
Voice calls
Where a patient selects voice as their channel, EnsureCare may place reminder and care-related calls on the provider's behalf, consistent with the patient's consent and applicable law. Patients may request to stop calls at any time.
Intellectual property
The platform, including its software, content, and trademarks, is owned by EnsureCare or its licensors and is protected by law. No rights are granted except as expressly stated in these Terms or a separate written agreement.
Not a healthcare provider
EnsureCare does not practice medicine or any clinical profession, does not provide medical advice, and does not make diagnostic, treatment, or other clinical decisions. EnsureCare does not replace clinical providers and does not establish a clinician-patient relationship with any patient. The professional duty of care to any patient lies solely with the healthcare provider delivering care, not with EnsureCare. The provider controls whether, how, and for what purposes it uses the platform.
Disclaimers and limitation of liability
The platform is provided "as is" and "as available" without warranties of any kind, express or implied, to the maximum extent permitted by law. To the extent permitted by law, EnsureCare will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from use of the platform or communications. To the maximum extent permitted by law, EnsureCare's total aggregate liability arising out of or relating to the platform or these Terms will not exceed the amounts paid for the service in the twelve (12) months preceding the event giving rise to the claim.
Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Contra Costa County, California, for any dispute not subject to another agreed dispute-resolution process.
Changes to these Terms
We may update these Terms from time to time. Continued use of the platform after changes take effect constitutes acceptance of the updated Terms.
Contact
EnsureCare, Inc.
Email: [email protected]