Terms of Service

To become a Partner and access the TouchpointPT platform, the Partner must:

• Be a licensed healthcare entity, group practice, or individually licensed practitioner in good standing with all applicable state and federal licensing authorities.
• Complete the TouchpointPT Partner registration process and provide accurate, complete, and current organizational and licensure information.
• Designate at least one authorized administrator responsible for managing the Partner account.
• Maintain all required professional licenses, certifications, and insurance throughout the term of the partnership.
• Promptly notify TouchpointPT of any change in licensure status, ownership, or organizational structure.

TouchpointPT reserves the right to verify Partner credentials and to deny or revoke platform access if eligibility requirements are not met or maintained.

Subject to the Partner's compliance with these Terms and any applicable subscription agreement, TouchpointPT grants the Partner a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the TouchpointPT platform for the purpose of delivering telehealth and digital health services to the Partner's patients.
• Invite and onboard patients to the platform under the Partner's account.
• Create, manage, and store clinical content, care plans, and patient records within the platform in accordance with applicable law.
• Use TouchpointPT-provided tools including scheduling, messaging, video sessions, exercise programming, and progress tracking.

This license does not include the right to sublicense, resell, or redistribute the platform or any component thereof. All rights not expressly granted herein are reserved by TouchpointPT.

The Partner is solely responsible for the clinical care, professional conduct, and patient outcomes associated with services delivered through the platform. The Partner agrees to:

• Ensure that all practitioners using the platform under the Partner account hold active, valid licenses appropriate for the services they provide.
• Obtain all necessary patient consents - including informed consent for telehealth services - prior to initiating care through the platform.
• Provide and maintain/update all documents required for the patient to begin treatment, including informed consent and Notice of Privacy Practices (NPP) as needed.
• Comply with all applicable federal, state, and local laws and regulations governing the practice of healthcare, including telehealth-specific requirements in every jurisdiction where patients are located.
• Maintain appropriate clinical documentation standards and ensure records created on the platform satisfy professional and legal requirements.
• Supervise all clinical staff and ensure that telehealth services are delivered within each practitioner's authorized scope of practice.
• Protect the security of all account credentials and ensure that access is limited to authorized personnel only.
• Promptly report any known or suspected security incidents, data breaches, or unauthorized access to TouchpointPT.
• Cooperate with TouchpointPT in implementing reasonable security and compliance measures.

The Partner acknowledges and agrees that:

• TouchpointPT acts solely as a data custodian with respect to all Protected Health Information (PHI) and clinical records held on the platform. The Partner is and remains the data owner of all patient information and clinical records created or stored through the platform. TouchpointPT does not claim any ownership rights over PHI and holds all such data solely on behalf of and at the direction of the Partner.
• The Partner is responsible for determining its own status as a Covered Entity or Business Associate under HIPAA and for ensuring compliance with all applicable HIPAA Privacy, Security, and Breach Notification Rules.
• TouchpointPT operates as a Business Associate to the Partner in connection with the provision of platform services that involve the creation, receipt, maintenance, or transmission of Protected Health Information (PHI).
• The Partner and TouchpointPT shall execute a Business Associate Agreement (BAA) prior to the Partner onboarding patients or transmitting any PHI through the platform. The BAA is incorporated by reference into these Terms.
• The Partner is responsible for ensuring that their patients are informed about how their health information may be used and disclosed in connection with the platform.
• The Partner shall not use the platform to store or transmit information beyond what is necessary and permitted under applicable law.

Access to the TouchpointPT platform is subject to fees as set forth in the Partner's applicable subscription or service agreement. The Partner agrees that:

• Platform subscription fees are separate from and independent of any fees the Partner charges to patients for clinical services.
• TouchpointPT is not responsible for the Partner's billing practices, fee schedules, insurance claims, or collection activities related to patient care.
• Failure to pay platform fees when due may result in suspension or termination of platform access.
• All platform fees are non-refundable except as expressly provided in the applicable subscription agreement or as required by law.

The Partner agrees not to:

• Use the platform for any unlawful purpose or in violation of any applicable professional, ethical, or regulatory standard.
• Allow unlicensed individuals to deliver clinical services to patients through the platform.
• Share login credentials across accounts or allow unauthorized access to the platform.
• Attempt to reverse engineer, decompile, modify, or create derivative works from any component of the platform.
• Use the platform to deliver services in jurisdictions where the Partner is not licensed or where such services are not legally permitted.
• Misrepresent the Partner's identity, organizational affiliation, or licensure status.
• Engage in conduct that could damage the reputation of TouchpointPT or that violates the rights of patients or third parties.

TouchpointPT owns all rights, title, and interest in and to the platform, including all software, designs, trademarks, and proprietary content. The Partner retains ownership of any clinical content or materials the Partner independently creates and uploads to the platform, subject to a limited license granted to TouchpointPT to host and display such content as necessary to provide the Services.

The Partner may not use TouchpointPT's name, logo, or trademarks in any marketing, advertising, or public communication without prior written approval from TouchpointPT.

For the avoidance of doubt, TouchpointPT does not claim ownership of any patient health information, Protected Health Information (PHI), or clinical records that are entered, created, or stored through the platform. All such data is owned by the Partner and/or the applicable patient. TouchpointPT holds patient data and PHI solely in its capacity as a data custodian on the Partner's behalf, subject to the terms of the applicable Business Associate Agreement.

The Partner represents and warrants that:

• All information provided during registration and throughout the partnership is accurate, complete, and current.
• The Partner has full authority to enter into this agreement on behalf of the clinic, group, or organization.
• All practitioners using the platform on behalf of the Partner are duly licensed and in compliance with applicable scope-of-practice requirements.
• The Partner will obtain and maintain all required patient consents, including telehealth-specific informed consent, prior to using the platform for patient care.
• The Partner's use of the platform will comply with all applicable laws, including but not limited to HIPAA, state telehealth regulations, and professional licensing requirements.

The Partner agrees to indemnify, defend, and hold harmless TouchpointPT, Genuine Intelligence, LLC, and their respective officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The Partner's clinical practice or the services delivered to patients through the platform.
• Any breach by the Partner of these Terms or any applicable law or regulation.
• Any act or omission of the Partner or its practitioners, employees, or agents.
• Any dispute between the Partner and a patient.

TouchpointPT's liability to the Partner is limited to issues arising directly from platform functionality. TouchpointPT is not liable for clinical outcomes, patient disputes, regulatory penalties arising from the Partner's practice, or any indirect, incidental, consequential, or punitive damages, even if advised of the possibility of such damages. In no event shall TouchpointPT's aggregate liability to the Partner exceed the total platform fees paid by the Partner in the three (3) months preceding the claim.

This agreement begins upon the Partner's acceptance of these Terms and continues until terminated by either party. Either party may terminate with thirty (30) days' written notice. TouchpointPT may terminate or suspend the Partner's access immediately and without notice if:

• The Partner materially breaches these Terms and fails to cure such breach within ten (10) days of written notice.
• The Partner's license, certification, or required insurance lapses or is revoked.
• The Partner engages in conduct that poses a risk of harm to patients or to the platform.
• Required platform fees remain unpaid for more than thirty (30) days.

Upon termination, the Partner's access to the platform will cease. As a data custodian on behalf of the Partner, TouchpointPT does not retain any ownership rights over the Partner's data; the Partner remains fully responsible for ensuring continued compliance with all applicable data retention laws, including those imposed by HIPAA and applicable state law, for the remainder of any applicable retention period. The Partner must make arrangements for data transition, storage, or retrieval prior to or promptly following termination. TouchpointPT will cooperate reasonably with the Partner in facilitating data transition in accordance with the Post-Termination Data Retention & HIPAA Compliance section of these Terms.

Federal law, including the Health Insurance Portability and Accountability Act (HIPAA) and applicable state regulations, requires that Protected Health Information (PHI) and clinical records be retained for a minimum of seven (7) years from the date of creation or last effective date, or longer as required by applicable state law. TouchpointPT acts solely as a data custodian with respect to all PHI stored on the platform and does not own any patient data or clinical records. The Partner is and remains the data owner of all patient information generated through the platform.

Upon termination or non-renewal of a Partner's subscription, the Partner remains solely and independently responsible for ensuring continued compliance with all applicable HIPAA and state data retention obligations for the duration of any remaining retention period. Prior to or promptly following termination, the Partner must select one of the following options for managing their data:

• Long-Term Storage Through TouchpointPT: The Partner may elect to continue paying a reduced long-term archival storage fee to TouchpointPT to retain the Partner's data in a read-only format on the platform's HIPAA-compliant infrastructure for the remainder of the applicable retention period. This option covers secure archival access only and does not include active platform features. Applicable fees and terms will be provided upon written request. Should TouchpointPT cease operations, the Partner will be required to choose from one of the other options provided.
• Third-Party HIPAA-Compliant Storage: The Partner may arrange for the secure transfer of their data to a third-party HIPAA-compliant storage provider of the Partner's choosing. TouchpointPT will cooperate in facilitating a secure, documented transfer to the designated provider, subject to the execution of appropriate data transfer agreements and Business Associate Agreement documentation with the receiving party.
• Transferred Account Under Partner Billing: The Partner may request that their data be migrated to a standalone storage account with the Partner's own billing details attached. This account will be subject to applicable storage fees and a supplemental data custodianship agreement, and will not include full platform access.

If a Partner fails to make a selection or take action within sixty (60) days following the effective date of termination, TouchpointPT will send written notice to the Partner's last known email address. If no response or arrangement is made within thirty (30) days of such notice, TouchpointPT reserves the right to permanently delete the Partner's data from the platform in accordance with its data retention and disposal policies. TouchpointPT shall bear no liability for any regulatory penalties, fines, audits, or claims arising from the Partner's failure to timely arrange for compliant data retention following termination.

The Partner's obligations under this section survive the termination or expiration of the subscription agreement and these Terms for as long as any applicable data retention obligation remains in effect.

This Part 1 is governed by the laws of the State of Ohio, without regard to conflict of law principles. Any dispute arising out of or relating to this agreement shall be resolved by binding arbitration in Ohio in accordance with the rules of the American Arbitration Association. Class arbitrations and class actions are not permitted. If the arbitration clause is found unenforceable, disputes shall be resolved exclusively in the state or federal courts located in Ohio.

TouchpointPT reserves the right to update these Partner terms at any time. Material changes will be communicated to Partners via email or in-platform notification no less than thirty (30) days prior to taking effect. The Partner's continued use of the platform after the effective date of changes constitutes acceptance of the updated terms. If the Partner does not agree to the updated terms, the Partner must discontinue use and notify TouchpointPT in writing.

You must be at least 18 years old to use the platform, or at least 13 years old with verifiable parental or guardian consent. By using the platform, you represent that you meet this requirement.

TouchpointPT provides a digital platform that may include any combination of the following features, as made available by your Clinic:

• Live or asynchronous messaging and communication tools between you and your Provider.
• Video-based exercise instruction and home exercise program delivery.
• Digital intake forms, assessments, and health questionnaires.
• Progress tracking and documentation tools.
• Remote monitoring tools and wearable/app integrations (where applicable).

The specific features available to you depend on the services your Clinic has configured through the platform. TouchpointPT does not determine or direct the clinical care you receive. All clinical decisions, treatment plans, diagnoses, and recommendations are made exclusively by your Provider.

TouchpointPT does not provide medical diagnoses, prescribe medications, perform hands-on therapy, or offer emergency care. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately.

You acknowledge and understand that:

• The clinical care you receive through the platform is provided by your Clinic, not by TouchpointPT.
• Your Clinic is independently responsible for your treatment, clinical outcomes, and compliance with all applicable professional and legal standards.
• Any concerns, complaints, or questions about your clinical care - including your treatment plan, billing for clinical services, or practitioner conduct - should be directed to your Clinic.
• TouchpointPT is not a party to the clinical relationship between you and your Clinic and does not supervise, endorse, or guarantee the quality of clinical services provided through the platform.
• Your Clinic is responsible for obtaining your informed consent for telehealth services before beginning care. If you have not been informed of the risks and benefits of telehealth, contact your Clinic directly.

To use the platform effectively and safely, you agree to:

• Provide accurate, complete, and current information when creating your account and completing any clinical intake forms or assessments.
• Follow the instructions and care plans provided by your Clinic through the platform.
• Notify your Provider promptly of any adverse reactions, worsening symptoms, or concerns about your care.
• Ensure a safe, private environment for telehealth sessions with adequate space, lighting, and freedom from interruption.
• Maintain a reliable internet connection and ensure your device has a functional camera and microphone.
• Be on time for scheduled video appointments and notify your Clinic in advance if you need to cancel or reschedule.
• Respond to messages from your Provider within a reasonable timeframe.
• Protect the confidentiality of your account credentials and not share your login with others.
• Notify TouchpointPT immediately of any unauthorized access to your account.

You agree not to:

• Use the platform for any unlawful purpose.
• Misrepresent your identity, location, or medical condition.
• Record, copy, or distribute sessions or platform content without express written permission.
• Attempt to access another patient's account or records.
• Interfere with or disrupt the platform's functionality, security, or infrastructure.
• Use the platform in any manner that violates the rights of your Provider, TouchpointPT, or any third party.

You agree that:

• You will access the platform through TouchpointPT.com or an authorized application, which uses encryption and security measures designed to protect your health information.
• You are responsible for ensuring your device meets the minimum requirements for the platform and for maintaining compatible hardware, software, and internet connectivity.
• You should use the platform in a private location and, where appropriate, use headphones when discussing sensitive health information.
• Technical support for platform access issues is available at support@touchpointpt.com. Technical support does not include clinical advice.

You must create an account to access the platform. You agree to:

• Provide accurate and complete information during registration.
• Keep your login credentials confidential and not share them with any other person.
• Notify us immediately of any unauthorized access to or use of your account.

We reserve the right to suspend or terminate your account if you violate these Terms or if your Clinic removes your access. Account termination does not affect your Clinic's obligations to you regarding your clinical records.

TouchpointPT maintains reasonable administrative, technical, and physical safeguards designed to protect your health information in accordance with applicable law, including HIPAA. As the platform provider, TouchpointPT acts as a Business Associate to your Clinic and serves solely as a data custodian for health information stored on the platform. TouchpointPT does not own your health information - all health information and Protected Health Information (PHI) stored on the platform is owned by you and your Clinic, not by TouchpointPT. Your Clinic, as the Covered Entity, is primarily responsible for your health information and is required to provide you with a Notice of Privacy Practices. For questions about how your health information is used or shared, please contact your Clinic or refer to their privacy policy.

By using the platform, you consent to the transmission and storage of your health information as necessary to provide you with access to the platform's features and to facilitate communication between you and your Provider.

The platform may contain links to or integrations with third-party websites, applications, or services. TouchpointPT is not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

The TouchpointPT platform is not designed or intended to be used in medical emergencies. You agree to:

• Call 911 or go to the nearest emergency room for any medical emergency.
• Not use the platform's messaging or video features to seek emergency care.
• Inform your Provider of any urgent health concerns that arise between sessions so they can advise you appropriately.

You understand that:

• Live video sessions are conducted at scheduled times and are subject to your Clinic's and the platform's availability.
• Asynchronous messaging is not a real-time service and is not monitored continuously. Response times will depend on your Clinic's policies and your treatment plan.
• TouchpointPT does not control or guarantee the response times of your Provider. Any concerns about communication delays should be raised with your Clinic.
• The platform is not a substitute for urgent or emergency care.

All fees for clinical services are determined by and payable to your Clinic, not to TouchpointPT, unless your Clinic has arranged for TouchpointPT to process payments on their behalf. You agree to:

• Review and understand your Clinic's fee schedules, cancellation policies, and payment terms before beginning care.
• Provide accurate billing and payment information as required by your Clinic.
• Contact your Clinic directly with any billing questions, disputes, or requests for refunds related to clinical services.

TouchpointPT is not responsible for and has no authority over your Clinic's billing decisions, insurance claims, or refund policies.

All platform software, designs, and proprietary content are owned by Genuine Intelligence, LLC or its licensors. You are granted a limited, personal, non-transferable license to use the platform for the purpose of accessing care from your Clinic. You may not copy, modify, distribute, or create derivative works from any platform content.

The TouchpointPT platform is provided "as is" and "as available." TouchpointPT does not guarantee that the platform will be error-free, uninterrupted, or free from security vulnerabilities. TouchpointPT makes no representations regarding the quality, accuracy, or appropriateness of the clinical services provided by your Clinic. You assume full responsibility for decisions made in reliance on platform content outside of direct guidance from your Provider.

To the fullest extent permitted by law, TouchpointPT shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of your use of the platform or the clinical services you receive through the platform. TouchpointPT's liability is limited to issues arising directly from the functionality or operation of the platform itself and shall not exceed the greater of $100 or any fees paid directly by you to TouchpointPT in the three months preceding the claim.

Your access to the platform may be terminated by TouchpointPT or your Clinic at any time. Reasons for termination may include:

• Violation of these Terms.
• Conduct that is harmful, abusive, or disruptive to the platform, your Provider, or other users.
• Discontinuation of your care relationship with your Clinic.
• Non-payment of any fees owed directly to TouchpointPT (if applicable).

Termination of your platform access does not affect your Clinic's obligations to provide you with access to your clinical records under applicable law.

These Patient Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the platform shall be resolved by binding arbitration in Ohio, administered in accordance with the rules of the American Arbitration Association. You waive your right to participate in any class action or class arbitration.

If the arbitration provision is found to be unenforceable, disputes shall be resolved exclusively in the state or federal courts located in Ohio, and you consent to the personal jurisdiction of such courts.

We may update these Patient Terms from time to time. If we make material changes, we will notify you through the platform or by email. Your continued use of the platform after changes take effect constitutes your acceptance of the updated Terms.

By creating an account and using the TouchpointPT platform, you acknowledge that you have read, understood, and agree to these Terms. You understand that TouchpointPT is a platform provider and that clinical care is delivered by your Clinic. You consent to the use of electronic communications for the purpose of accessing care from your Provider through the platform.

For questions about the platform or these Terms, contact us at: support@touchpointpt.com.

For questions about your clinical care, billing, or treatment plan, please contact your Clinic directly.