- Description of Services. The Site provides a platform for users to learn about depression, understand treatment options, and connect with a Healthcare Provider for treatment, if desired (the “Services”). The Services may include such features as:
- Completing self-administered electronic screening assessments for anxiety and/or depression related symptoms. These assessments are based on medically validated studies, and while only a qualified Healthcare Provider can make a formal diagnosis, these assessments may help you determine whether Brightside’s Services could be of benefit to you.
- Reviewing information on the Site about depression and anxiety, treatments for these and other behavioral health conditions, and how to access these treatments.
- Connecting with a licensed Healthcare Provider who is affiliated with Brightside (“Healthcare Provider(s)”) for treatment.
- Receiving mental health services, including therapy and psychiatric care, on a recurring basis.
- Monitoring your care and progress through other tools and resources.
- Nature of Services. The specific features of the Services offered by Brightside may change from time to time, and Brightside, at its sole discretion, may choose to discontinue some or all of the Services. If Service changes are made, Brightside will make all reasonable efforts to ensure you receive notice of these changes in a timely fashion.
Healthcare Treatment. Services offered by Healthcare Providers, including mental health diagnoses, medical advice, and therapy and psychiatry (including the prescription of medication) for treating depression, anxiety, and/or other behavioral health issues are available in all 50 states and Washington D.C.
To receive such Services, you must: (1) be at least 18 years of age or, generally, have the consent of your parent or legal guardian if you are a minor aged 13 to 17; and (2) agree to the terms outlined in the Telehealth Consent policy.
As aforementioned, the telehealth services offered by the Healthcare Providers are available to all adults. The telehealth services are not available to minors under the age of 13. If you are a minor between the ages of 13 and 17 and you are interested in receiving telehealth services, or if you are the parent or legal guardian of such a minor and would like for your minor child to receive these services, Brightside’s general policy is to require parental consent prior to providing any telehealth services to minors unless requiring such parental consent is prohibited by applicable state law. If the laws of the state in which you are located authorize minors to consent to mental or behavioral health services and prohibit providers from notifying or obtaining the consent of the minor’s parent or legal guardian, Brightside will accept the consent of the minor as valid and binding. If you are a minor between the ages of 13 and 17 and would like to receive telehealth services without the involvement or knowledge of your parent or legal guardian, please contact us at [email protected] or (415) 360-3348 and we will let you know if this option is available to you based upon the laws of the state in which you are located.
You understand that Brightside provides a platform and mechanism for you to connect with Healthcare Providers, and that the Services you receive from your Healthcare Provider will ultimately be made at the professional discretion of the provider. The Healthcare Providers do not issue prescriptions for controlled substances via the Service. If you believe that your Healthcare Provider in any way fails to meet professional standards, you may file a complaint against the Healthcare Provider to Brightside’s administrative clinical team. Details of your complaint should be communicated to Member Services via the patient portal, or emailed to [email protected]. You cannot be discriminated against for submitting a complaint in good faith about the treatment you’ve been provided.
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. Additionally, the terms of this Agreement shall be binding upon any of your heirs, successors, assigns and legal representatives. If you don’t agree to be bound by these Terms, do not use the Services.
- Changes to Terms. We may update the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site, or by reaching out to you directly. It’s important that you review the Terms whenever you use the Services, and periodically thereafter to see if they have been updated. If you continue to use the Services after we have posted updated Terms, you’re agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change, add to or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Who May Use the Services?
- Eligibility. You may use the Services only if you are 18 years old or older or otherwise have adequate authority and capacity to consent to use the Services under applicable state laws, federal laws or the authorization of a parent or legal guardian who agrees to be bound by these Terms.
- Registration and Your Information. If you want to use the Services offered by Brightside, you’ll have to create an account (“Account”) via the Site.
- Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information while creating your Account, and that you agree to update such information to ensure it remains current. If you don’t, we might have to suspend or terminate your Account.
- Account Protection. You agree that you won’t disclose your Account password to anyone, and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you’re aware of these activities.
- Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing [email protected]. In doing so, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, and/or create derivative works based upon and otherwise exploit the Feedback for any purpose.
- Payment. Brightside requires payment of a fee for certain portions of the Services. You may purchase a subscription (“Subscription”) for such use. The Terms describing these Subscription services are always applicable to patients not using health insurance to pay for Services, and sometimes applicable to those who are using health insurance to pay, at least in part, for the Services. IF YOU DECIDE TO USE HEALTH INSURANCE TO PAY FOR YOUR SERVICES AND HAVE QUESTIONS ABOUT YOUR FINANCIAL OBLIGATIONS, YOU SHOULD CONTACT YOUR INSURANCE PROVIDER DIRECTLY.
- General. When you purchase a Subscription or owe certain Other Fees (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for the Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (“Payment Information”). We may ask you to provide insurance information, including your insurer, ID number, RxBin number, and RxPCN number. By providing us with your Payment Information, you represent and warrant that you have the legal right to use all payment methods represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third-parties with whom we partner so we can complete your Transaction and charge your Payment Information for the type of Transaction you have selected (plus any applicable taxes and other charges). You may be requested either by Brightside or your insurance carrier to provide additional information to verify your identity before completing your Transaction.
- Subscriptions. If you purchase a Subscription as a cash-pay member, you will be charged the monthly Subscription fee, plus any applicable taxes and charges (“Subscription Fee”), at the beginning of your Subscription and each month thereafter, at the then current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month on the day on which you created your Subscription (the “Billing Cycle”), using the Payment Information which you provided, until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription will incur recurring monthly charges. Additionally, you accept responsibility for these recurring payment obligations prior to cancellation of your Subscription, whether cancellation be initiated by you or Brightside. Your Subscription continues until canceled by you or until we terminate your access to or use of the Services or Subscription in accordance with these Terms. Members using insurance to pay for Services may not be charged monthly by Brightside, and instead may be responsible for their insurance copays and deductibles in accordance with payment schedules set forth by their insurance carrier.
- Canceling Your Subscription. You may cancel a Transaction for a full refund at least twenty-four (24) hours before your first scheduled consultation with a healthcare provider. AFTER THAT POINT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason. If we cancel your Transaction before any Services have been rendered, we’ll refund any payment you have already remitted for that Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellations will be effective at the end of the then current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR AT THE TIME OF CANCELLATION. To cancel Services, you can send an email to [email protected] or use the cancellation process in your account settings. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period, and will subsequently terminate at the end of that Billing Cycle without further charges.
- Cancellation and No-Show. By enrolling as a Brightside member, you consent to Brightside’s Cancellation and No-Show terms. In accordance with these terms, you acknowledge that we reserve the right to charge you a “no-show” penalty should you miss an appointment without providing proper notice of cancellation. Members using insurance may be charged up to $70.00 for each missed appointment. Members enrolled through the monthly subscription program may not be charged an additional fee for a missed appointment, but instead may forfeit their ability to reschedule the appointment and may not be eligible for any refund. Proper notice of cancellation requires that you cancel or reschedule your appointment through the member portal or Brightside mobile app at least twenty-four (24) hours prior to the appointment’s start time. Please note your no-show fee is directly assessed to your payment information on-file, and is not reimbursable by your insurance carrier. Please contact Member Services by using the messaging tool available in your member portal, emailing [email protected], or by phone at 415-360-3348 on weekdays between 9:00 am and 6:00 pm EST with any questions.
- Other Fees. You agree to pay all other fees and charges including, for example, appointment no-show fees or late rescheduling fees (“Other Fees”) associated with your Account on a timely basis and according to your Billing Cycle. By providing us with your Payment Information, you authorize us to bill and charge your Subscription fees using your Payment Information, and agree to maintain valid Payment Information in your Brightside account.
- Insurance. In certain situations, you or a family member’s health plan may cover all or a portion of your use of Services. Subject to the terms of any written agreement between Brightside and the health plan, you authorize us to bill for Services rendered to you by sharing necessary information with the health plan to process payments. Additionally, you authorize Brightside to charge your Payment Information for any fees that your insurance company does not cover, such as copays, deductibles, and coinsurance costs.
- Use of Services. We invite you to use the Services for personal and non-commercial purposes. When you accept these Terms, we grant you a limited, personal, non-exclusive, non-transferable, fully revocable license to access and use the Services as permitted under these Terms and any other agreements you may have entered into with us. You have no other rights in or to the Services or any materials or content available therein (the “Content”), and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Content in any manner. If you breach any of these Terms, your Services and/or Subscription may be terminated at our sole discretion.
- Member Engagement. In order for you to receive the appropriate level of care and realize the full benefits of Brightside’s services, it is paramount that you meet on a regular basis with your provider(s). To ensure regular engagement, you must meet with your psychiatric provider and therapist within 30 days after enrolling in your initial treatment plan via a video appointment. Once you establish care, you must meet with your psychiatric provider at least every 180 days and meet with your therapist at least every 60 days via a video appointment. If you fail to adhere to this engagement schedule, we reserve the right to pause your services, which may include but not be limited to, disabling your ability to send messages to your provider via the member portal, and to complete your periodic check-ins. These features will be immediately reactivated as soon as you schedule an appointment with the provider(s) whom you are overdue to see in accordance with the engagement schedule. Please note that to continue having access to these features, you have to attend your scheduled appointment; otherwise you will lose access to these features again.
- Prohibited Uses. You agree not to use the Services for commercial or public purposes or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; and/or g) impersonate any person or entity or otherwise misrepresent your affiliation with another person or entity.
- Intellectual Property. You hereby expressly acknowledge that Brightside or its licensors own all legal right, title and interest to the Site and Services. Brightside reserves all rights not expressly granted in and to the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
- Third-Party Sites. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources, or links displayed on such websites. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party websites or resources.
- Termination. You may terminate your Subscription, for any or no reason, at any time, upon notice to Brightside, by following the cancellation steps set forth in Section 9(c) of this Agreement. Brightside may terminate, modify, restrict, or suspend your use of the Services, your Account, and/or your registration without notice for any reason at any time. You understand that termination of your Account and/or agreement with Brightside will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account.
- Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services provided will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
- Clinical Disclaimer. BRIGHTSIDE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, HEALTHCARE PROVIDERS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES, and does not represent that Services provided on the Site are always an appropriate substitute for in-person medical services. Furthermore, Services are never appropriate for emergency situations.
- Indemnity. You will indemnify and hold harmless Brightside and its officers, directors, employees, clinicians and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.
Limitation of Liability. Brightside and its officers, employees, directors, clinicians, subsidiaries, affiliates, agents, and licensors are neither responsible nor liable for any indirect, incidental, special, consequential, exemplary, punitive, or other damages whatsoever (including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses) arising out of or related to your use of the Site, including any content or information contained therein, or Services related thereto, whether based on contract, tort, warranty, statute, or otherwise. Your sole remedy in the event of any problem with the Site is to stop using the Site and the Services.
To the maximum extent permitted by applicable law, the maximum liability of Brightside to you with respect to your use of the Services is the greater of $100 USD or the amount of fees you have paid for access to and use of the Site or Services in the five-month period immediately preceding the event, or events, giving rise to your claim.
- Applicable Law. The validity, interpretation, construction, and performance of these Terms and any claim, cause of action or dispute arising out of, or related to, these Terms, and dispute resolution, shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws. Except for disputes subject to arbitration as described below, any disputes relating to these Terms or the Services, regardless of jurisdiction, will be heard in the courts located in San Francisco County, California.
Dispute Resolution. YOU AND BRIGHTSIDE AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT, EXCEPT AS OTHERWISE AGREED TO BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND BRIGHTSIDE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT BRIGHTSIDE SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE BASED ARBITRATION, IN WHICH CASE BRIGHTSIDE AND YOU MUST COMPLY WITH THE FOLLOWING RULES:
YOU AGREE THAT YOU AND BRIGHTSIDE ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, 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.
- Notices. Any notices or other communications provided by Brightside under these Terms, including those regarding modifications to these Terms, will be given via the Site or such other means as Brightside deems appropriate, such as by phone or via email.
- Communications. By using the Services, you consent to receiving electronic communications, including email and text messages, from Brightside. These electronic communications, which generally are not encrypted, may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. You acknowledge that transmission of information via unencrypted email or text message presents an inherent yet low risk that while in transit, there exists a possibility the communication may be intercepted or otherwise accessed by unintended and/or unauthorized recipients. These electronic communications are part of your relationship with Brightside. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You will retain the option to discontinue receiving marketing communications from Brightside at any time. By using the Services, you also consent to receiving traditional mail from Brightside. While the vast majority of your Brightside correspondences will occur electronically, Brightside may occasionally send you engagement materials such as welcome packets and other information intended to provide you with additional information about Brightside’s offerings to ensure you remain informed of all services provided to you through the Brightside platform.
- Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect.
- Waiver of Rights. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or other similar breaches.
- Contact Information. You may contact us at [email protected] or by sending a message to Member Services through your patient portal. To the extent the California Electronic Commerce Act of 1984 applies, California users are advised that the technology and Site are provided by Brightside Health, Inc., with its primary mailing address at 5214F Diamond Heights Blvd #3422, San Francisco, CA 94131. If you have a question or complaint regarding the technology or Site, please contact us as described above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Residents of other states may find contact information to their state’s respective consumer protection office at this website.