Terms of Service

Effective: December 1, 2025

Welcome to Altos Care, offered by Altos Telehealth Services LLC (“Altos Care,” “we,” “our,” or “us”). These Terms of Service (the “Terms”) govern your access to and use of our websites (including www.altoscare.com); our software platform and mobile applications; remote patient monitoring devices and associated technology; and any other websites, products, or services that we offer (collectively, the “Services”). Users of the Services are referred to in these Terms as “users,” “you,” and “yours.” If you are using the Services through a senior living community, facility, or health plan that has a separate agreement with Altos Care (a “Facility Agreement”), then you are a “Facility User,” and specific terms (as identified below) may apply to you.

By accessing or using the Services, or by clicking a button or checking a box marked “I Agree” (or similar), either in our app, or in a consent form embedded in our app, you confirm that you have read, understood, and agree to be bound by these Terms, and that you have read, understand, and acknowledge our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

UNLESS YOU OPT OUT, THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU CAN OPT OUT OF THE ARBITRATION AGREEMENT BY CONTACTING LEGAL@ALTOSCARE.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY PHONE NUMBER OR DIAL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.

THE SERVICES PROVIDE GENERAL HEALTH AND WELLNESS INFORMATION, REMOTE PATIENT MONITORING, AND A MEANS TO INTERACT WITH THE MEDICAL GROUPS (AS DEFINED BELOW). ALTOS TELEHEALTH SERVICES LLC ITSELF DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY HEALTHCARE PRACTITIONER OR SERVICE.

1. The Services

Our Services provide users with certain information, technology, and services related to health and wellness for residents of senior living communities, including independent living communities, assisted living facilities, and group homes. The Services include:

On-Site Primary Care Services: In-person provider visits at senior living communities, physical examinations, personalized health assessments, care plan development, and ongoing primary care management.
Remote Patient Monitoring (RPM): Connected medical devices (such as blood pressure monitors, glucometers, pulse oximeters, weight scales, and other monitoring equipment), associated mobile and web applications, software platforms for tracking vitals and symptoms, and regular vitals collection assistance by our medical assistants or facility staff.
Chronic Care Management (CCM): Ongoing care coordination, regular wellness check-ins by medical assistants, development and maintenance of comprehensive care plans, and coordination with your other healthcare providers.
Telehealth Services: Virtual consultations, remote clinical evaluations, and follow-up visits with licensed healthcare providers via phone or video.
Technology Platform: Mobile and web applications for patients and their families to view health data, receive notifications, and communicate with the care team; and a secure data-sharing platform that allows your other physicians to access your health records from our system.
Administrative and Coordination Services: Scheduling support, insurance verification and billing coordination, referral management, mobile laboratory coordination (where available), and care coordination with external providers.

Altos Telehealth Services LLC is a management services organization (“MSO”) and is not itself a healthcare provider. Altos Care does not engage in the practice of medicine or any other licensed healthcare profession.

All clinical and professional healthcare services, including primary care, telehealth, chronic care management, and remote patient monitoring clinical oversight (collectively, the “Clinical Services” and “Professional Services”), are provided by one or more independent, physician-owned professional corporations administered by Altos Care (collectively, the “Medical Groups”). The Medical Groups employ or contract with US-based physicians, nurse practitioners, physician assistants, medical assistants, and other healthcare professionals who provide healthcare services through the Services (collectively, the “Providers”).

The Providers are not employed by Altos Telehealth Services LLC. The Medical Groups and the Providers are solely responsible for the quality and appropriateness of the care and advice they render to you. Altos Care does not interfere with the practice of medicine or any other licensed profession by the Providers or the Medical Groups. Altos Care is not liable for any professional advice you obtain from a Provider via the Services.

Neither Altos Care, the Medical Groups, nor the Providers are insurance providers, and these Terms are not a contract for insurance. If you desire any type of health or other insurance, you must purchase such insurance separately.

2. Eligibility

By accessing or using the Services, you represent to us that you are the age of 18 or older (or the age of majority in your jurisdiction, whichever is older) and that you are fully able and competent to enter into these Terms. If you are accessing or using the Services on behalf of another individual (such as an elderly family member), you represent that you have the legal authority to bind that individual to these Terms and to consent to the Services on their behalf, including consent to the collection, use, and sharing of their personal and health information as described in our Privacy Policy.

Certain Services may only be available to residents of senior living communities that have entered into a Facility Agreement with Altos Care. We reserve the right to limit the availability of the Services based on geographic location, insurance coverage, or other factors.

3. Consent to Telehealth and Remote Patient Monitoring

By using the Services, you acknowledge and consent to the following:

Telehealth services involve the delivery of healthcare services using electronic communications, information technology, or other means between a Provider and a patient who are not in the same physical location. This may include assessment, diagnosis, consultation, treatment, and the transfer of medical data.
Remote patient monitoring involves the use of connected medical devices and technology to collect and transmit your health data (such as blood pressure, blood glucose, weight, oxygen saturation, and other vitals) to your Providers for clinical review and action.
While telehealth and remote monitoring have potential benefits including improved access to care and early intervention, there are also potential risks, including limitations of technology, the possibility of technology failure, and the inability to perform a hands-on physical examination during virtual visits.
You have the right to withhold or withdraw consent to telehealth and remote patient monitoring services at any time without affecting your right to future care or treatment.
All applicable laws regarding the privacy and confidentiality of your health information apply to telehealth and remote monitoring services.

Your health information may be shared with other healthcare providers, your designated family members (through the family application), and your senior living community staff as necessary for your care, in accordance with applicable law and our Privacy Policy.

4. Remote Patient Monitoring Devices and Equipment

As part of the Services, Altos Care or the Medical Groups may provide you with connected medical devices and equipment for remote patient monitoring purposes (“Monitoring Devices”). By accepting and using Monitoring Devices, you agree to the following:

Monitoring Devices are provided to you for use in connection with your care plan and must be used only as directed by your Provider or care team.
You agree to use the Monitoring Devices in accordance with all provided instructions and only for their intended medical purposes.
You will not modify, tamper with, disassemble, reverse-engineer, or attempt to repair any Monitoring Device.
You are responsible for the reasonable care and safekeeping of any Monitoring Devices in your possession. You agree to return all Monitoring Devices upon termination of your participation in the Services or upon request by Altos Care.
Monitoring Devices are not a substitute for emergency medical care. If you experience a medical emergency, call 911 immediately.
Altos Care does not guarantee that the Monitoring Devices will be error-free, uninterrupted, or compatible with all environments. Connectivity, battery life, and device accuracy may vary.

If you are a Facility User, Monitoring Devices may be managed by facility staff or Altos Care medical assistants who assist with vitals collection on your behalf.

5. Changes to Terms

With the exception of the Arbitration Agreement (see Section 20), we may update or otherwise modify these Terms from time to time in our sole discretion. If we make material changes, we will post the updated Terms on our website with a new effective date and, where required by law, provide you with notice through the Services or via email. Your continued use of the Services after an update will constitute acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

6. Intellectual Property Rights and Limited License

The Services, including our logo, the design, text, graphics, images, data, software, source code, mobile applications, remote monitoring technology, and other content or products or services described or contained therein (and their selection, arrangement, and presentation), are owned by Altos Care or our licensors and are protected by law including copyright and trademark law. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Altos Care, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, noncommercial use and for no other purpose.

7. Account Creation and Security

To access most features of the Services, you or your authorized representative may have to create an account with Altos Care. To create an account, you will be required to provide us with certain personal information (as described in our Privacy Policy). You agree that the information that you provide to us during account creation and in your use of the Services is accurate and that you will keep it accurate, current, and complete. You may not transfer or share your account password with anyone, or create more than one account.

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to promptly notify us of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by contacting us at privacy@altoscare.com. We reserve the right to take any and all action as we deem necessary or reasonable regarding the security of the Services and your account information.

If you are accessing the Services on behalf of another individual (such as a family member), you are responsible for ensuring that their account information remains accurate and secure.

8. Family and Caregiver Access

The Services may include a family application or portal that allows designated family members or caregivers to view a patient’s health data and receive notifications about their care. By authorizing a family member or caregiver to access your health information through the Services, you consent to the sharing of your health data with that individual in accordance with our Privacy Policy and applicable law. You may revoke this authorization at any time by contacting us at info@altoscare.com.

Family members and caregivers who access the Services are bound by these Terms and must use the Services only for the purpose of supporting the patient’s care.

9. User Generated Content

The Services may include functionality to enable you to upload comments, feedback, or other content (“User Generated Content”). By contributing User Generated Content to any of the Services, you understand and acknowledge that this information may be available to other authorized users and you hereby grant Altos Care a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable license to reproduce, distribute, perform and display, create derivative works of, adapt, modify, and otherwise use and exploit such User Generated Content for any purpose (including promotional purposes, such as testimonials).

By providing User Generated Content to us, you represent and warrant that: (a) you have obtained, and are solely responsible for obtaining, all consents and authorizations as may be required by law to submit, post, or otherwise make available any User Generated Content relating to anyone other than yourself; and (b) your User Generated Content and our use of that content as contemplated by these Terms and the Services will not violate any applicable law or infringe anyone else’s rights, including any intellectual property rights and privacy rights. Further, you will ensure that all User Generated Content that you submit is complete, truthful, and accurate.

10. Acceptable Use

In your use of the Services, you agree:

to only use the Services in a lawful manner and only for their intended purposes;
not to copy, publish, display, publicly perform, or distribute any portion of the Services, including reproduction on any computer network or broadcast or publication media;
not to resell or make commercial use of the Services;
not to make derivative uses of the Services;
not to use, frame, or utilize framing techniques to enclose any Altos Care trademark, logo, or other proprietary information;
not to express or imply that any statements you make are endorsed by Altos Care;
not to reverse engineer, disassemble, or otherwise attempt to create or derive the source code underlying the Services;
not to use or access the Services to build a similar or competitive product or service;
not to attempt to probe, scan, or test the vulnerability of any Services or to breach or tamper with the security or authentication measures of the Services or our systems;
not to submit viruses or other malicious code to or through the Services;
not to misuse, tamper with, or intentionally damage any Monitoring Devices provided to you;
not to submit false, misleading, or inaccurate health information through the Services;
not to use the Services to transmit “spam” or other unauthorized commercial communications; and
not to share your login credentials or allow unauthorized individuals to access the Services through your account.

11. Insurance, Billing, and Payments

Many of the Clinical Services provided through the Medical Groups are billed to your health insurance, including Medicare, Medicaid, and private health insurance plans. By using the Services, you acknowledge and agree to the following:

Insurance Billing: The Medical Groups will submit claims to your health insurance on your behalf for covered Clinical Services. You authorize Altos Care and the Medical Groups to verify your insurance eligibility and benefits, and to submit claims and receive payment from your insurer.
Patient Responsibility: You are responsible for any copayments, coinsurance, deductibles, or other amounts not covered by your health insurance. If a service is not covered by your insurance, you will be responsible for the full cost of that service unless otherwise agreed in writing.
Assignment of Benefits: You assign to the Medical Groups the right to receive payment directly from your health insurance plan for Clinical Services rendered.
Accurate Information: You agree to provide accurate and current insurance information. If your insurance information changes, you must notify us promptly. You are responsible for any charges that result from providing inaccurate or outdated insurance information.
Non-Covered Services: Some Services, including certain administrative features, technology platform access, or optional add-on services, may not be covered by insurance and may incur separate fees. We will inform you of any such fees before they are charged.
Third-Party Payment Processing: For any out-of-pocket payments, processing services are provided by our third-party payment processor and are subject to its associated terms, conditions, and policies.

If you are a Facility User, please check with your senior living community or health plan to determine if and to what extent any Services will be covered or reimbursed under a Facility Agreement.

You agree that in the event Altos Care or the Medical Groups are unable to collect amounts you owe for products or services, we may take any steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, interest, court costs, and attorneys’ fees.

12. Third-Party Content and Services

The Services may make available or provide links to third-party websites, content, or information (“Third-Party Content”), including mobile laboratory services, pharmacy services, specialist referrals, and other healthcare-related services. Altos Care does not control, and is not responsible for, any Third-Party Content, and the availability of any Third-Party Content via the Services does not imply endorsement of, or affiliation with, the provider of such Third-Party Content. Your use of Third-Party Content is at your own risk.
Your interactions with third parties found on or through the Services, including laboratory providers, pharmacy services, and any other third-party healthcare providers, are solely between you and such third parties. You agree that Altos Care shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that Altos Care is under no obligation to become involved.

13. Senior Living Community and Facility Partnerships

Altos Care partners with senior living communities, assisted living facilities, independent living communities, and group homes (“Facilities”) to deliver the Services to their residents. If you are receiving the Services through a Facility:

Your Facility may have entered into a Facility Agreement with Altos Care that governs certain aspects of the Services provided to its residents.
Facility staff may assist our medical assistants or Providers in collecting your vitals, symptoms, and other health information as part of your care plan.
Altos Care may share certain de-identified or aggregated health information with your Facility for purposes of care coordination, quality improvement, and reporting, in accordance with applicable law.
Your Facility’s own terms of service, resident agreements, and privacy practices may also apply to your use of the Services.
Altos Care is not responsible for any acts or omissions of your Facility or its staff.

14. Suspension and Termination

We reserve the right (a) to immediately and without notice suspend or terminate your access to or use of the Services if we reasonably believe that you have violated these Terms, (b) to, in our sole discretion, remove any User Generated Content or other material that breaches these Terms or is otherwise objectionable, and (c) to modify the Services or to suspend or stop providing all or portions of the Services at any time.

Upon any such suspension or termination, you must return all Monitoring Devices in your possession and destroy all content obtained from the Services and all copies thereof. The provisions of these Terms concerning security, acceptable use, copyrights, trademarks, user generated content, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such suspension or termination.

You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed. You also have the right to stop using the Services at any time. We are not responsible for any loss or harm related to your inability to access or use the Services.

Termination of your access to the Services does not terminate your patient relationship with the Medical Groups. You may continue to have rights under applicable law to access your medical records and to continuity of care.

15. Service Location

The Services are hosted in the United States and intended for use by residents of the United States. We make no representations that the Services are appropriate or available for use in any location outside of the United States. Providers are licensed to practice in the states where they provide Clinical Services, and Clinical Services are only available in jurisdictions where the applicable Provider is licensed.

16. Disclaimer of Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND ALTOS CARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

While we try to maintain the timeliness, integrity, and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct, or secure, or that access to the Services will be uninterrupted. Remote patient monitoring devices may experience connectivity issues, battery depletion, or temporary malfunctions. The Services may include inaccuracies or errors. You assume the entire risk as to the quality and performance of the Services.

17. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Altos Telehealth Services LLC, the Medical Groups, their affiliates, contractors, and their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Services in a manner not authorized by these Terms, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms.

18. Limitation of Liability

ALTOS CARE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, ALTOS CARE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, FROM ANY MONITORING DEVICE MALFUNCTION OR CONNECTIVITY FAILURE, OR FROM ANY THIRD-PARTY CONTENT, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF ALTOS CARE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF $500.00 OR THE TOTAL AMOUNT YOU PAID TO ALTOS CARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages, and some or all of the above disclaimers, exclusions, or limitations may not apply to you. Nothing in these Terms is intended to limit or exclude liability that cannot be limited or excluded under applicable law, including liability for medical malpractice by the Medical Groups or Providers.

19. Privacy and Protected Health Information

We care about your privacy and the security of your personal information. Our collection and use of your personal information via the Services is described in our Privacy Policy. By accessing or using the Services, you acknowledge that you have read and understand the Privacy Policy, as updated from time to time.

For information or questions about the collection, creation, maintenance, use, and disclosure of any of your data that may constitute protected health information (PHI), please refer to the applicable Medical Group’s Notice of Privacy Practices.

If you are a Facility User, you acknowledge and agree that Altos Care may share certain personal information (such as your enrollment status) with your senior living community or health plan in their role as care coordinator or payor, as may be required for care coordination, accounting, and billing purposes, or as otherwise consistent with our obligations under the Health Insurance Portability and Accountability Act (HIPAA) and applicable state law.

You acknowledge that health data collected through remote patient monitoring devices and transmitted through the Services may be stored in cloud-based systems and transmitted electronically. While we implement reasonable security measures to protect your data, no method of electronic transmission or storage is completely secure.

20. SMS and Text Messaging Program Terms

This section applies to any SMS or text messaging program operated by or on behalf of Altos Care, including appointment reminders, health monitoring alerts, care coordination messages, medication reminders, and other health-related communications (collectively, the “Messaging Program”). By providing your mobile phone number and opting in to the Messaging Program, you agree to the following terms in addition to the other provisions of these Terms of Service.

20.1 Program Description

The Altos Care Messaging Program sends automated text messages to enrolled patients, their authorized family members or caregivers, and facility contacts for the following purposes:

Appointment reminders and scheduling confirmations
Health monitoring alerts and vitals notifications
Care plan updates and medication reminders
Chronic care management check-in reminders
Remote patient monitoring device alerts and instructions
Administrative communications (e.g., insurance verification requests, account updates)
Service announcements and care team communications

Message frequency varies based on your care plan and service enrollment. You may receive recurring automated messages. The number of messages you receive will depend on your individual care needs and the services you are enrolled in, but will typically range from 2 to 30 messages per month.

20.2 Opt-In and Consent

By providing your mobile phone number to Altos Care and affirmatively consenting to receive text messages (whether through our website, mobile application, intake form, or verbal consent during enrollment), you expressly agree to receive autodialed and/or pre-written text messages from or on behalf of Altos Care at the phone number you provide. Your consent to receive text messages is not a condition of purchasing any goods or services or receiving healthcare from Altos Care or the Medical Groups.

You may opt in to the Messaging Program through any of the following methods:

Online/Web: By checking the SMS consent box on our website (www.altoscare.com), by signing the consent page on our app or patient portal during registration or enrollment.
In-Person/Paper: By signing the messaging consent section of our patient intake form during your initial on-site visit at your senior living community.
Verbal: By providing verbal consent during a phone call or in-person interaction with our care team, which will be documented in your patient record.
Text-Based: By texting a designated keyword (e.g., “START” or “JOIN”) to our designated phone number.

20.3 Message and Data Rates

Message and data rates may apply. Altos Care does not charge you for text messages sent through the Messaging Program, but your mobile carrier’s standard messaging rates and data charges may apply depending on your mobile plan. Altos Care is not responsible for any fees charged by your mobile carrier. Please contact your wireless carrier for information about your messaging plan and rates.

20.4 How to Opt Out

You may opt out of the Messaging Program at any time by replying STOP to any text message you receive from Altos Care. Upon receipt of your STOP request, we will send you a single confirmation message to verify that you have been unsubscribed. After opting out, you will no longer receive text messages from us through the Messaging Program. If you wish to re-enroll, you may do so by texting “START” to our messaging number or by contacting us at the information below.

Please note that opting out of the Messaging Program does not affect other communications you may receive from Altos Care (such as email or phone calls), and does not terminate your patient relationship with the Medical Groups or your access to other Services.

20.5 How to Get Help

For help or questions about the Messaging Program, you may reach us by doing any of the following:

Email: info@altoscare.com

Phone: 1-650-268-4244

20.6 Mobile Information Privacy and Data Sharing

No mobile information (including mobile phone numbers collected for the purpose of sending text messages) will be shared with or sold to third parties or affiliates for marketing or promotional purposes at any time.

We will only use your mobile phone number and opt-in data for the purposes, which include delivering the Messaging Program, providing healthcare-related communications, and administering your account. Your mobile information will not be shared with any third-party lead generators, data brokers, or marketing companies.

Your mobile phone number and associated data may only be disclosed to:

The Medical Groups and their Providers, as necessary for your healthcare treatment and care coordination;
Our technology service providers (such as our messaging platform provider) who process messages on our behalf and are contractually bound to protect your information;
As required by law, regulation, or legal process; and
Your designated family members or caregivers, if you have authorized such sharing through the Services.

20.7 Supported Carriers and Compatibility

The Messaging Program is supported by major US wireless carriers. Carriers are not liable for delayed or undelivered messages. Text messaging may not be available on all wireless carriers or handsets. Altos Care is not responsible for messages that are not delivered due to carrier issues, device incompatibility, or changes to your phone number.

20.8 Messaging Disclaimer

Text messages are not a secure method of communication and should not be used to convey medical emergencies or urgent health concerns. If you are experiencing a medical emergency, call 911 immediately. Text messages from Altos Care are for informational purposes and do not replace clinical advice or direct communication with your Provider.

20.9 Summary of Key Messaging Terms

Program Name: Altos Care Messaging Program

Message Frequency: Varies; typically 2–30 messages per month depending on care plan

Message and Data Rates: May apply

Opt-Out: Reply STOP to any message

Help: Contact info@altoscare.com / 1-650-268-4244

Privacy: www.altoscare.com/privacy

Terms: www.altoscare.com/terms

21. Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT DESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED.

Arbitration Agreement

For any dispute with Altos Care, you agree to first contact us at info@altoscare.com and attempt to resolve the dispute with us informally. In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not prevail. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association (“AAA”).

Arbitration Procedure

You and Altos Care agree to employ three (3) arbitrators (the “Panel”), where one (1) arbitrator is selected by you, one (1) arbitrator is selected by Altos Care, and the third (3rd) arbitrator is selected by mutual consent of you and Altos Care. If you and Altos Care cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

Cost of Arbitration

Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, Altos Care will pay the arbitrator’s and arbitration fees. If under applicable law Altos Care is not required to pay all of the arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the parties in accordance with said applicable law.

Exceptions to Agreement to Arbitrate

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

YOU MAY ONLY RESOLVE DISPUTES WITH ALTOS CARE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ALTOS CARE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Opt-Out of Alternative Dispute Resolution

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

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

If you opt out of the dispute resolution process described in this section or if this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in San Mateo County, California, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Altos Care agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and Altos Care waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Altos Care may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

22. Governing Law

These Terms, and any dispute between you and Altos Care, will be governed by the laws of the State of California and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 20 (the “Arbitration Agreement”). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Altos Care must be resolved exclusively by a state or federal court located in the State of California, and you agree to submit to the personal jurisdiction of the courts located within San Mateo County, California for the purpose of litigating all such claims or disputes.

23. Communications

When you visit the Services or send emails to us, you are communicating with us electronically. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by email, using the email address that you provided to us; (2) short messaging service (“SMS”) text message to the mobile number you provided us; (3) push notifications on your mobile device; or (4) by posting the Communications on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your account. You can opt out of future Communications through SMS text message by replying “STOP,” or emailing us at info@altoscare.com.

By agreeing to these Terms, you consent to receive from or on behalf of Altos Care communications containing service-related information (including technical notices, updates, security alerts, appointment reminders, health monitoring alerts, and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, and other electronic means, at any phone number or email address you provide to us. Your carrier’s normal messaging, data, and other rates and fees may apply. You are not required to provide this consent as a condition of using the Services, and you may opt out at any time as described in our Privacy Policy.

24. Copyright Infringement

Altos Care follows the procedures of the Digital Millennium Copyright Act of 1998 by providing recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you or your agent may send Altos Care a written notice by mail or email that includes the requirements set forth in 17 U.S.C. §512(c)(3)(A), requesting that we remove such material or block access to it. Notices must be sent in writing to:

Altos Telehealth Services LLC

d/b/a Altos Care

Attn: Copyright Agent

Email: legal@altoscare.com

25. California Residents

The provider of the Services is Altos Telehealth Services LLC d/b/a Altos Care. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

26. General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The respective indemnities, representations and warranties, and our rights under these Terms will survive any termination of these Terms. To the maximum extent possible under applicable local law, these Terms will be binding on and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto.

27. Contact Information

If you have any questions about these Terms, you can reach us at:

Altos Telehealth Services LLC d/b/a Altos Care

Email: info@altoscare.com

Phone: 1-650-268-4244

Web: www.altoscare.com