Terms of Use | Tandem

SUMMARY OF KEY TERMS

This summary is provided for convenience and does not form part of, modify, or limit these Terms of Use. In the event of any inconsistency, the Terms of Use below control.

The Service is a digital health platform made available to Users through their Healthcare Organization. Tandem does not provide medical care and is not a healthcare provider.
The Service is not for emergencies. If you are experiencing a medical or mental health emergency, call or text 988 (Suicide and Crisis Lifeline) or call 911.
Users must be at least eighteen (18) years of age.
Clinical decisions are made solely by the User's Healthcare Organization and its providers.
Each account is personal to one individual. Credentials may not be shared.
Tandem and the Healthcare Organization will send text messages and emails relating to the User's account and care. Text messages may be stopped at any time by replying STOP.
Access by Organizational Users is governed by the Organization Agreement between their Healthcare Organization and Tandem, which controls in the event of conflict.
Material changes to these Terms require renewed acceptance at the User's next sign-in.

1. ACCEPTANCE OF TERMS; ELIGIBILITY

1.1 Agreement. These Terms of Use (these "Terms") constitute a legally binding agreement between you and Tandem and Community, Inc., a Delaware corporation ("Tandem," "we," "us," or "our"), governing your access to and use of the Service (as defined in Section 2). By creating an account, accepting an invitation to the Service, clicking to accept these Terms, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Tandem Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you may not access or use the Service.

1.2 Eligibility. You represent and warrant that you are at least eighteen (18) years of age. The Service is not directed to, and may not be used by, any individual under eighteen (18) years of age. Tandem does not knowingly permit any such individual to create an account. If Tandem becomes aware that an account is held by an individual under eighteen (18) years of age, Tandem will terminate access to the account and notify the applicable Healthcare Organization.

1.3 Authority. If you access the Service on behalf of a Healthcare Organization, you represent and warrant that you are authorized to do so and that you are acting within the scope of that authority.

2. DEFINITIONS

Capitalized terms have the meanings set forth below or where first defined in these Terms.

2.1 "Healthcare Organization" means a clinic, medical practice, or other healthcare provider organization that has entered into an Organization Agreement with Tandem.

2.2 "Organization Agreement" means the written agreement between a Healthcare Organization and Tandem governing the Healthcare Organization's use of the Service, including any master services agreement, order form, and Business Associate Agreement entered into under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations ("HIPAA").

2.3 "Organizational User" means an individual who accesses the Service in the course of employment or engagement by a Healthcare Organization, including providers, nurses, medical assistants, administrators, and billing personnel using Tandem Clinical or Practice Hub.

2.4 "Patient User" means an individual who accesses Tandem Care at the invitation of a Healthcare Organization from which the individual receives care.

2.5 "Service" means the Tandem digital health platform, including the website at beintandem.co, the Tandem Care, Tandem Clinical, and Practice Hub applications, and all related software, content, features, and functionality made available by Tandem.

2.6 "User," "you," and "your" mean any Patient User, Organizational User, or visitor to the Service.

2.7 "User Content" means screener responses, messages, notes, and other information or material that a User submits to or through the Service.

3. EMERGENCY NOTICE; NO EMERGENCY SERVICES

3.1 The Service is not an emergency service and is not monitored on a continuous basis. The Service must not be used to report or seek assistance for an emergency.

3.2 If you are experiencing a medical or mental health emergency, are in crisis, are considering harming yourself or others, or have concerns for the safety of any person, call or text 988 (the Suicide and Crisis Lifeline) or call 911 immediately.

4. THE SERVICE; NO MEDICAL ADVICE; ROLE OF HEALTHCARE PROVIDERS

4.1 Nature of the Service. Tandem provides software to Healthcare Organizations. The Service includes mental health screening instruments, educational content and exercises, messaging between Patient Users and their care teams, remote monitoring tools, and administrative tools for Healthcare Organizations.

4.2 Tandem Is Not a Healthcare Provider. Tandem does not practice medicine or any other licensed profession, does not provide medical, mental health, or clinical care, and does not establish a provider-patient relationship with any User. Tandem is not the User's physician, nurse, therapist, or clinic.

4.3 Support through Tandem is not a Substitution for Clinical Care. The Service is designed to support, and not to replace, the relationship between a Healthcare Organization's providers and their patients. Screening instruments, content, and any clinical decision support functionality are intended to inform, and not to substitute for, the professional judgment of a licensed healthcare provider.

4.4 Clinical Responsibility. The Healthcare Organization and its providers are solely responsible for all clinical decisions regarding a Patient User's care, including diagnosis, treatment, referral, and response to screening results. No information made available through the Service constitutes medical advice. Patient Users should direct all questions regarding their health or treatment to their healthcare provider.

5. ORGANIZATIONAL USERS; PRECEDENCE OF ORGANIZATION AGREEMENTS

5.1 Organization Agreement. Each Healthcare Organization enters into an Organization Agreement, including a Business Associate Agreement under HIPAA, before its patients and personnel access the Service.

5.2 Precedence. If you access the Service as an Organizational User, or as a Patient User through a Healthcare Organization, your access is governed by the Organization Agreement between that Healthcare Organization and Tandem. In the event of any conflict between these Terms and the applicable Organization Agreement, the Organization Agreement controls. Nothing in these Terms creates a separate contractual relationship between Tandem and an Organizational User, and nothing in these Terms amends, supplements, or supersedes any Organization Agreement.

5.3 Responsibility for Authorized Users. A Healthcare Organization is responsible for the acts and omissions of each Organizational User it authorizes, including any third-party billing or revenue-cycle personnel to whom it grants access, and for ensuring that any such third party is bound by an appropriate business associate agreement or other written agreement with the Healthcare Organization as required by HIPAA. Tandem does not contract with, and assumes no obligation toward, any such third party.

6. ACCOUNTS; CREDENTIALS; SECURITY

6.1 Personal Accounts. Each account is personal to a single, named individual. You may not share your credentials, permit any other person to access the Service through your account, or access the Service through the account of another person.

6.2 Credentials. You are responsible for maintaining the confidentiality of your credentials, for maintaining a current mobile telephone number on your account for identity verification and communications, and for all activity that occurs under your account.

6.3 Notice of Unauthorized Use. You shall notify Tandem immediately at [email protected] or notify your Healthcare Organization upon becoming aware of any unauthorized use of your account or any other breach of security. You remain responsible for activity under your account until such notice is received.

6.4 Organizational Accounts. Accounts for Organizational Users are created, administered, and may be suspended or removed by the Healthcare Organization or by Tandem at the Healthcare Organization's direction.

7. ELECTRONIC COMMUNICATIONS; SMS AND EMAIL PROGRAM

7.1 Consent to Electronic Communications. By using the Service, you consent to receive communications from Tandem and from your Healthcare Organization electronically, including by text message (SMS) and email, concerning your account, screening instruments, reminders, care, security (including one-time verification codes), and material notices regarding the Service.

7.2 SMS Program. Consent to receive text messages is obtained within the Service. You may withdraw consent to text messages at any time by replying STOP to any message. You may resume messages by replying START. Reply HELP for assistance. Message frequency varies. Message and data rates may apply. Withdrawal of consent to text messages does not affect your care; your Healthcare Organization may contact you by other means.

7.3 Email. Communications regarding your account and care are a component of the Service. Any marketing email will include an unsubscribe mechanism.

8. IN-APP MESSAGING

8.1 The Service may permit Patient Users to exchange messages with their care team. In-app messages are not monitored on a continuous basis and are reviewed by the care team during the Healthcare Organization's ordinary business hours. Urgent matters must be directed to the Healthcare Organization by telephone. Emergencies are governed by Section 3.

9. ACCEPTABLE USE; PROHIBITED CONDUCT

9.1 You shall not, and shall not permit any third party to:

(a) use the Service on behalf of any other person without that person's authorization, or for any purpose other than your own care or your duties for a Healthcare Organization;
(b) provide false or misleading information, impersonate any person, or misrepresent your affiliation with any person or entity;
(c) access or attempt to access any account, data, or portion of the Service that you are not authorized to access;
(d) interfere with, disrupt, overload, probe, scan, or circumvent any security or access control feature of the Service;
(e) copy, modify, reproduce, distribute, sell, resell, sublicense, or otherwise exploit the Service or any content except as expressly permitted by these Terms;
(f) use the Service in any manner that is unlawful, harassing, defamatory, or harmful to any person; or
(g) use the Service to render automated clinical determinations without review by a licensed healthcare provider.

9.2 Exported Data. Data exported from the Service by an Organizational User, including billing reports, remote monitoring reports, and comma-separated value files, may be used solely for the Healthcare Organization's billing, operations, and compliance purposes; remains subject to HIPAA, the applicable Organization Agreement, and the Healthcare Organization's policies; and may not be disclosed to any person not authorized by the Healthcare Organization to receive it. The Healthcare Organization is responsible for safeguarding exported data once it leaves the Service.

10. INTELLECTUAL PROPERTY; LICENSE; USER CONTENT

10.1 Ownership. The Service, including all content, features, and functionality (including without limitation all information, software, text, displays, images, audio, video, and the design, selection, and arrangement thereof), is owned by Tandem, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws.

10.2 License. Subject to your compliance with these Terms, Tandem grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal care (if a Patient User) or your duties for a Healthcare Organization (if an Organizational User). No other right or license is granted. Content may not be reproduced or distributed outside the Service except where the Service expressly provides a function for that purpose.

10.3 User Content. As between you and Tandem, you retain ownership of your User Content. You grant Tandem a non-exclusive, worldwide, royalty-free license to store, process, display to your care team, and otherwise use User Content as necessary to provide, maintain, secure, and improve the Service, in accordance with the Privacy Policy and the applicable Organization Agreement.

11. PRIVACY

11.1 Tandem's collection, use, disclosure, and retention of information, and Tandem's role as a business associate of Healthcare Organizations under HIPAA, are described in the Tandem Privacy Policy, available at beintandem.co/privacy, which is incorporated into these Terms by reference.

11.2 Product Improvement. You acknowledge that Tandem may use De-Identified Information derived from the use of the Service by any User, and usage information that does not constitute Protected Health Information, to operate, evaluate, and improve the Service, including through the use of machine learning and large language model technologies, as described in Section 5.2 of the Privacy Policy, and may use a Limited Data Set where a Healthcare Organization has entered into a Data Use Agreement with Tandem, as described in Section 5.3 of the Privacy Policy. The Service does not include any artificial intelligence feature that interacts directly with Users; Tandem's use of artificial intelligence and its commitments should that change are set forth in Section 5.4 of the Privacy Policy.

12. AVAILABILITY; MODIFICATIONS TO THE SERVICE

12.1 Tandem endeavors to maintain the availability of the Service but does not guarantee uninterrupted availability. The Service may be unavailable from time to time for maintenance, updates, or causes beyond Tandem's reasonable control.

12.2 Tandem may modify, add, or discontinue features of the Service. Tandem will notify affected Healthcare Organizations of changes that materially affect their use of the Service.

12.3 The Service is supported on current versions of commonly used browsers and mobile devices.

13. DISCLAIMER OF WARRANTIES

13.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TANDEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT OR SCREENING RESULT IS ACCURATE, COMPLETE, OR CONSTITUTES A DIAGNOSIS.

14. LIMITATION OF LIABILITY

14.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TANDEM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

14.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TANDEM'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED TWENTY-FIVE THOUSAND UNITED STATES DOLLARS (US $25,000).

15. INDEMNIFICATION

15.1 To the fullest extent permitted by applicable law, each User, including each Patient User, Organizational User, and visitor, shall indemnify, defend, and hold harmless Tandem and its officers, directors, employees, and agents from and against any claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to that User's violation of these Terms or that User's unlawful use of the Service.

16. TERM; SUSPENSION; TERMINATION

16.1 These Terms remain in effect for so long as you access or use the Service.

16.2 You may cease use of the Service at any time. A Patient User who wishes to close an account shall direct the request to the Healthcare Organization. Organizational User accounts are administered by the Healthcare Organization.

16.3 Tandem may suspend or terminate your access to the Service, with or without notice, upon any actual or suspected violation of these Terms, or where necessary to protect the security or integrity of the Service or the safety of any person.

16.4 Termination of an account does not result in deletion of health records, which are retained in accordance with the Privacy Policy, the applicable Organization Agreement, and applicable law. Articles 10, 13, 14, 15, 17, and 20 survive termination.

17. GOVERNING LAW; VENUE; DISPUTE RESOLUTION

17.1 These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

17.2 Venue. Any action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Montgomery County, Texas, and each User consents to the personal jurisdiction of those courts and waives any objection to venue in those courts.

18. MODIFICATIONS TO THESE TERMS; RE-ACCEPTANCE

18.1 Each version of these Terms bears a version number and an Effective Date, set forth above.

18.2 Tandem may modify these Terms from time to time. Upon publication of a new version, you will be required to review and accept the new version at your next sign-in before continuing to use the Service. Continued use of the Service does not, by itself, constitute acceptance of a modified version; acceptance is effected only by your affirmative acceptance of that version.

18.3 Superseded versions of these Terms are available upon request to [email protected].

19. LANGUAGE

19.1 These Terms are made available in English and in Spanish. In the event of any inconsistency between the English and Spanish versions, the English version controls. The Spanish version is provided for convenience.

20. GENERAL PROVISIONS

20.1 Entire Agreement. These Terms, together with the Privacy Policy and, as applicable, the Organization Agreement, constitute the entire agreement between you and Tandem regarding the Service and supersede all prior agreements and understandings regarding the Service, subject to Section 5.2.

20.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

20.3 Waiver. No failure or delay by Tandem in exercising any right under these Terms operates as a waiver of that right.

20.4 Assignment. You may not assign or transfer these Terms or any rights hereunder. Tandem may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, subject to the Privacy Policy and applicable law.

20.5 Notices. Tandem may provide notices to you through the Service, by email to the address on your account, or by text message to the mobile number on your account. Notices to Tandem shall be sent to the address set forth in Article 21.

20.6 No Third-Party Beneficiaries. Except as expressly provided in Section 5.2 with respect to Healthcare Organizations, these Terms confer no rights on any third party.

21. CONTACT

Tandem and Community, Inc.
The Woodlands, TX 77382
[email protected]