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OpenScope

OpenScope Health, Inc. — Terms of Service

Effective Date: March 14, 2026

These Terms of Service ("Terms") govern your access to and use of the practice management and telemedicine platform (the "Platform") provided by OpenScope Health, Inc. ("OpenScope," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must immediately discontinue use.

1. Overview of Services

OpenScope operates as a Management Services Organization ("MSO") that provides technology, administrative, and operational support services to independent healthcare providers ("Providers"). Our Platform enables Providers to:

  • Conduct telemedicine and virtual care visits with their patients
  • Manage patient records, scheduling, and clinical workflows
  • Process billing, invoicing, and membership payments
  • Communicate with patients via secure messaging
  • Manage prescriptions, lab orders, and referrals
  • Access practice analytics and reporting

OpenScope provides the technology infrastructure. All clinical decisions, medical care, and the practice of medicine are the sole responsibility of the independent Provider.

2. OpenScope Does Not Practice Medicine

OpenScope is a technology and administrative services company. We do not:

  • Provide medical advice, diagnosis, or treatment
  • Establish doctor–patient relationships
  • Make clinical decisions or influence medical judgment
  • Employ or supervise Providers in their clinical capacity
  • Credential, recommend, or endorse any specific Provider

Each Provider using the Platform is an independent practitioner solely responsible for the care they deliver, their clinical decisions, and compliance with applicable medical practice laws and regulations.

3. Provider Responsibilities

By using the Platform, Providers represent and agree that they:

A. Licensure and Compliance

  • Hold a current, unrestricted license to practice medicine in each state where they treat patients through the Platform
  • Maintain all required DEA registrations, malpractice insurance, and professional certifications
  • Comply with all applicable federal, state, and local laws governing telemedicine, prescribing, medical records, and the practice of medicine
  • Comply with state-specific telemedicine and informed consent requirements, including those governing the establishment of a provider–patient relationship via telehealth

B. HIPAA and Patient Privacy

  • Are a Covered Entity under HIPAA and will enter into a Business Associate Agreement ("BAA") with OpenScope prior to processing any PHI on the Platform
  • Will use the Platform in accordance with HIPAA, including the Privacy Rule, Security Rule, and Breach Notification Rule
  • Will maintain their own Notice of Privacy Practices and make it available to patients
  • Will report any suspected breach of PHI to OpenScope promptly

C. Clinical Standards

  • Will exercise independent medical judgment in all clinical decisions
  • Will obtain appropriate informed consent from patients before providing telemedicine services
  • Will determine whether telemedicine is clinically appropriate for each patient encounter
  • Will maintain complete and accurate medical records
  • Will not use the Platform to prescribe controlled substances in violation of applicable law

D. Practice Operations

  • Will maintain accurate and current professional information on the Platform
  • Will respond to patient communications in a timely manner consistent with the standard of care
  • Will ensure that any staff granted access to the Platform are properly trained on HIPAA and Platform usage

4. Patient Acknowledgments

By using the Platform as a patient, you acknowledge and agree that:

  • Your medical care is provided by your independent Provider, not by OpenScope
  • OpenScope is a technology company and has no role in clinical decisions
  • Telemedicine has inherent limitations and may not be appropriate for all conditions
  • You are responsible for providing accurate and complete health information to your Provider
  • You should seek emergency care by calling 911 for any medical emergency — the Platform is not designed for emergency situations
  • Your Provider's Notice of Privacy Practices governs the use of your health information

5. Accounts and Access

A. Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us immediately at security@openscopehealth.com if you suspect unauthorized access.

B. Account Termination

We may suspend or terminate accounts that:

  • Violate these Terms or applicable law
  • Pose a risk to patient safety, Platform security, or other users
  • Have been inactive for an extended period (with notice)
  • Fail to maintain current payment obligations

Providers may terminate their account at any time with 30 days' written notice. Upon termination, we will make patient data available for export or transfer in accordance with our BAA and applicable medical record retention laws.

6. Subscription and Payment

A. Fees

Access to the Platform requires a paid subscription. Fees are as described in the applicable Order Form or pricing page and may include:

  • Monthly or annual subscription fees
  • Per-Provider licensing fees
  • Transaction or processing fees for certain services

B. Billing

Subscription fees are billed in advance on a recurring basis. You authorize us to charge your designated payment method. Fees are non-refundable except as expressly stated in your Order Form or as required by law.

C. Changes to Pricing

We may update pricing with at least 30 days' notice before the start of a new billing cycle. Continued use after the effective date of a pricing change constitutes acceptance.

7. Intellectual Property

A. OpenScope Property

The Platform, including all software, designs, documentation, trademarks, and content, is the exclusive property of OpenScope Health, Inc. or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for its intended purpose during your active subscription.

B. Provider Content

Providers retain ownership of all patient records, clinical notes, and other content they create on the Platform. By using the Platform, Providers grant OpenScope a limited license to host, process, and display such content solely to provide the Platform services.

C. Restrictions

You may not:

  • Copy, modify, reverse-engineer, or create derivative works of the Platform
  • Sublicense, resell, or redistribute access to the Platform
  • Use the Platform for any purpose other than its intended use
  • Remove or alter any proprietary notices or branding

8. Data and Privacy

Our collection and use of information is governed by our Privacy Policy. Key points:

  • OpenScope is a Business Associate under HIPAA and enters into BAAs with all Providers
  • Patient PHI is processed only on behalf of Providers and in accordance with BAAs
  • We implement administrative, technical, and physical safeguards to protect data
  • We do not sell personal information or PHI

9. Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose
  • Transmit malware, viruses, or harmful code
  • Attempt to gain unauthorized access to Platform systems or other user accounts
  • Interfere with the performance, availability, or security of the Platform
  • Scrape, data mine, or extract data from the Platform through automated means
  • Use the Platform in a manner that could damage OpenScope's reputation or business interests

10. Third-Party Services and Integrations

The Platform may integrate with third-party services such as electronic prescribing networks, lab order systems, payment processors, and communication tools. These services are governed by their own terms and privacy policies. OpenScope is not responsible for the availability, accuracy, or practices of third-party services.

11. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, OPENSCOPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OpenScope does not warrant that the Platform will be uninterrupted, error-free, or completely secure. The Platform is a tool to assist Providers — it does not replace professional medical judgment. OpenScope makes no representations regarding the correctness or completeness of any clinical decision support features.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • OpenScope shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to your use of the Platform
  • OpenScope's total aggregate liability under these Terms shall not exceed the fees paid by you to OpenScope in the twelve (12) months preceding the event giving rise to the claim
  • OpenScope shall not be liable for any clinical outcomes, medical malpractice claims, or patient injuries arising from care delivered by Providers using the Platform

13. Indemnification

A. Provider Indemnification

Providers agree to indemnify, defend, and hold harmless OpenScope and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • The Provider's delivery of medical care or clinical decisions
  • The Provider's violation of applicable law, including HIPAA
  • The Provider's breach of these Terms
  • Any malpractice or negligence claims related to care delivered through the Platform

B. OpenScope Indemnification

OpenScope agrees to indemnify Providers from claims arising directly from OpenScope's material breach of the BAA or gross negligence in operating the Platform.

14. Dispute Resolution

A. Governing Law

These Terms shall be governed by and construed under the laws of the State of Delaware, without regard to conflict-of-law principles.

B. Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in San Francisco, California, or remotely at the parties' election.

C. Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding.

D. Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

15. SMS and Phone Communications

The Platform may facilitate phone and SMS communication between Providers and patients. By using these features:

  • You consent to receive automated messages related to appointments, care coordination, and Platform functionality
  • You may opt out of SMS notifications by replying STOP
  • Message and data rates may apply
  • OpenScope does not use SMS or phone communications for marketing purposes unless you have explicitly opted in

16. Force Majeure

OpenScope shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, pandemics, government actions, internet or power outages, or cyberattacks.

17. Modifications to Terms

We may update these Terms at any time. Material changes will be communicated to active users via email or in-Platform notification at least 30 days before they take effect. Continued use of the Platform after the effective date of updated Terms constitutes acceptance.

18. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, BAA, and any applicable Order Form, constitute the entire agreement between you and OpenScope regarding the Platform.

20. Contact Information

For legal questions or concerns:

  • Email: legal@openscopehealth.com
  • Mail: OpenScope Health, Inc., 1900 Gough St #701, San Francisco, CA 94109