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Orchestra One Terms of Service

I. Introduction and Eligibility

Please read these Terms of Service ("Terms") carefully before using the Orchestra One Service.
These Terms include Orchestra One's Privacy Policy, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms constitute a binding agreement between you and Orchestra One Inc. and its affiliates and subsidiaries ("Orchestra One," "we," "us"). "You" and "users" shall mean all health service providers and their agents who use the Orchestra One Service. You accept these Terms by clicking the "I agree" checkbox when you download or install the Orchestra One Service, when you agree to them using our website at www.orchestra.one, and each time you access the Orchestra One Service thereafter. If you do not accept these Terms, you must not use the Orchestra One Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Orchestra One Service after a change to these Terms constitutes your binding acceptance of these Terms.
The terms "post" and "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Orchestra One Service.
"Health-related information" means all individually identifiable health information, including demographic information and information related to an individual's physical or mental health, the provision of health care to the individual, or the individual's payment for the provision of health care.
"Health service provider" means an entity that provides health-related services.

II. The Orchestra One Service

The "Orchestra One Service" is defined as any computer or mobile application or software under Orchestra One's control, whether partial or otherwise, in connection with providing the services provided by One Orchestra. The Orchestra One Service provides a platform to store health-related information to make it available to you and your employees.
Orchestra One does not give medical advice.
Medical Advice. Orchestra One does not give medical advice. The Orchestra One Service may provide helpful information to assist you in medical decision-making. The information and materials available through the Orchestra One Service are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the Orchestra One Service. You will be solely responsible for the professional and technical services you provide. In addition, we do not recommend or endorse any provider of health care or health-related products, items, or services.
We do not screen users.
Screening Users. Orchestra One does not screen its users or verify information communicated through the Orchestra One Service, though Orchestra One has the right to monitor such information. Orchestra One does not have responsibility for the conduct of such users, including the information posted by users. Notify us of inappropriate or illegal conduct or content you encounter on the Orchestra One Service.
You agree to comply with any additional terms required by our third-party vendors and suppliers, as necessary, to use parts of the Orchestra One Service.
Third-Party Services. The Orchestra One Service may include certain third-party software and services. Your use of such software or services may require that you enter into separate subscription or licensing agreements with third-party vendors and suppliers. You agree to comply with and, upon request, execute such agreements as may be required for the use of such software or services.
You may allow employees to use the Orchestra One Service on your behalf. You may allow patients to use the Orchestra One Service to pay for your services.
You are responsible for the use and misuse of the Orchestra One Service by the employees and patients you allow to access the Orchestra One Service using your account.
No Third-Party Access. Except as required by law and described below, you will not permit any third party to have access to the Orchestra One Service using your account. You may allow your employees to use the Orchestra One Service on your behalf in compliance with these Terms. You may also allow patients to make payment for your services through the Orchestra One Service in compliance with these Terms. You are solely responsible for the use of the Orchestra One Service by your employees and patients. We have no liability for the consequences to you or your employees or patients from your or their use of the Orchestra One Service.
Responsibility for Misuse by Other Users of Your Account. You acknowledge that by allowing employees and patients to access the Orchestra One Service with your account, you are responsible for ensuring such employees and patients use the Orchestra One Service for the purposes for which they are accessing it. While the Orchestra One Service has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Orchestra One Service by any employee or patient to whom you gave access or log-in credentials. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law.
You represent and warrant that you received any necessary consents from individuals before posting their information in the Orchestra One Service.
Individuals' Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the Orchestra One Service or initiating any payment transactions.
Exporting Information from the Orchestra One Service. You are solely responsible for any health-related information exported from the Orchestra One Service by you or the employees and patients that you allow access from your account. You represent and warrant that you will export and subsequently use protected health information only as permitted by HIPAA and applicable federal and state law.
Transferring Information into the Orchestra One Service. You may be able to transfer information from your or third-party data sources into the Orchestra One Service. You represent and warrant that you have all necessary patient authorization for such data transfers and that such data transfers will comply with HIPAA and other applicable federal and state law.
Training and Compliance. You agree to train all employees on the use of the Orchestra One Service, HIPAA or health privacy obligations, and the requirements of these Terms and ensure that they comply with such requirements.
Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the Orchestra One Service. You will cooperate fully with us in connection with any such demand.
Data Retention. You are responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.

III. Patient Billing

Orchestra One allows you to use the Orchestra One Service to collect payment from patients for the services you provide to them.
You will be paid according to our posted payment schedule when the patient payments due to you exceed the minimum payout balance.
We may delay payment until such minimum payout balance is reached.
We will charge a transaction fee and deduct it from our payments to you.
You are responsible for all government taxes, fees, and service charges and all third-party fees and charges related to our payment to you.
"Minimum payout balance" means the minimum amount collected from patients by the Orchestra One Service and payable to you before we will disburse the payments to you. For example, if the minimum payout balance is $100.00, then we will not disburse payment to you until we have collected at least $100.00 to be paid to you. We may change the amount of the minimum payout balance at our discretion, at any time.
Calculating Payment Due to You. We will collect the full amount from the patient, deduct our Transaction Fee, and disburse the remainder to you using your selected payment method.
Payment Methods. We may provide multiple payment methods for you to receive payments. When you select a payment method, you agree to allow us to distribute payment to you using that method according to the information you provide to us. For example, if you choose the payment method of direct deposit into your bank account, you agree that we may distribute funds into the bank account using the bank account information you provided to us.
Timing of Payments to You. We will make payments to you on a scheduled basis when payments due to you meet the minimum payout balance. We may change the payment schedule at our discretion, at any time. Payment to you may also be delayed for payment processing reasons. For example, if a patient's billing information is manually entered into the Orchestra One Service or a patient's payment is above a certain amount, there may be a processing delay to ensure proper collection of funds from the patient. When you terminate your account, Orchestra One will pay you the remaining balance, minus our Transaction Fees.
Holding Payments Due to You. Unless we have collected patient payments due to you totaling at least the minimum payout balance or you terminate your access to the Orchestra One Service, we will hold the funds and roll them into the next scheduled payment. We will continue to roll the funds to the next scheduled payment until the minimum payout balance is reached. Thereafter, we will make payment to you according to Orchestra One Service, we will make the payment due to you before closing your account. We are not liable for any interest on the funds we hold for you.
Orchestra One's Transaction Fees. Orchestra One shall charge a payment processing fee of 2.65% subject to change within Orchestra One's sole discretion.
Government Taxes, Fees, and Service Charges. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction through the Orchestra One Service. Orchestra One is not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.
Fees Charged by Third-Party Payment Processors. The Orchestra One Service may use third parties to process payments, which may include your financial institution. Use of such third-party payment services and financial institutions is subject to their terms and conditions of use and may include fees to process payments for which Orchestra One will not be responsible. You are responsible for such fees, and Orchestra One disclaims all liability with regards to any fees or problems you have with third-party payment processors. For example, you are responsible for any charges or fees that may be imposed by your bank under its terms and conditions as a result of using the Orchestra One Service.
United States Dollars. All monetary transactions take place in U.S. dollars.
Electronic Payments Report. Orchestra One may allow you to access reports showing the financial transactions between you and your patients. We rely on third parties for the information we display in the reports, and we are not responsible for their timeliness or accuracy.

IV. Protected Health Information Practices

When we maintain or process protected health information, we comply with HIPAA and a business associate we have formed with you.
You agree that our practices with respect to protected health information are governed by the Health Insurance Portability and Accountability Act of 1996, and any amendments and regulations promulgated therefrom (“HIPAA”). By agreeing to these Terms, you also agree to Orchestra One’s Business Associate Agreement, incorporated by reference into these Terms, unless you or your organization have agreed to a different business associate agreement with Orchestra One that applies to your use of the Orchestra One Service.
You agree to use the Orchestra One Service only as permitted by HIPAA and other applicable data privacy laws.

V. Account Creation and Secure Credentials

If you create an account on behalf of a health service provider, you agree you have the authority to do so and that you are binding the health service provider.
We may take steps to verify you are a health service provider.
You are responsible for your log-in credentials and for keeping your account information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Orchestra One Service.
You agree that if you create an account and use the Orchestra One Service on behalf of a health service provider, you have the necessary legal authority and capacity to do so as an authorized agent of the health service provider. Such health service provider will be the primary account holder. You agree that you have the authority to bind the health service provider in legal agreements and contracts. Your agreement to these Terms also binds such health service provider.
Owner of Account and Health-Related Information. The primary account holder (i.e., health service provider) holds the legal rights to the Orchestra One Service account and the information posted to the Orchestra One Service by your business entity.
Accurate Account Information. You represent and warrant that the information you provide to Orchestra One upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Verification. You agree that we may take steps to verify your identity and credentials as a health service provider at any time. You agree that we may use and disclose information, including “Confidential Information,” about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the Orchestra One Service at any time if we are unable at any time to determine or verify your qualifications or credentials.
Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the Orchestra One Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify rob@orchestra.one. You will be solely responsible for the losses incurred by Orchestra One and others (including patients) due to any unauthorized use of your account that takes place prior to notifying Orchestra One that your account has been compromised.

VI. Communications

Orchestra One may communicate with you by email or by posting notice on the Orchestra One Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for informational and customer service-related purposes.
Electronic Notices. By using the Orchestra One's Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Orchestra One's Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Orchestra One's Service or sending an email to you. You may have a legal right to receive this notice in writing.

VII. Orchestra One's Content Ownership and Use

Orchestra One owns all of the content we create, but you may use it while you use the Orchestra One Service. You cannot use our logo without our written permission.
The contents of the Orchestra One Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Orchestra One content (collectively, "Orchestra One Content"). All Orchestra One Content and the compilation (meaning the collection, arrangement, and assembly) of all Orchestra One Content are the property of Orchestra One or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Orchestra One Service and the Orchestra One Content solely for the use of Orchestra One's services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Orchestra One Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Orchestra One Content on any copy you make of the Orchestra One Content.
Orchestra One Marks. Orchestra One, the Orchestra One logo, and other Orchestra One logos and product and service names are or may be trademarks of Orchestra One (the "Orchestra One Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Orchestra One Marks.

VIII. Confidential Information

"Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the content you post to the Orchestra One Service, not including personal and health-related information; Orchestra One Confidential Information shall include the Orchestra One Service, customer feedback, and information relating to the performance, reliability, or stability of the Orchestra One Service, operation of the Orchestra One Service, know-how, techniques, processes, ideas, algorithms, and software design and architecture; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information. The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

IX. Intellectual Property Rights and Your License to Use

You, or the people who allow you to use their content, own all of the content you create using the Orchestra One Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better on the Orchestra One Service.
It is very important that you have permission to use other people's content or they may be able to sue you for violating their legal rights.
Orchestra One Claims No Ownership. The Orchestra One Service may provide you with the ability to create, post, or share content ("Your User Content"). Orchestra One claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Orchestra One Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Orchestra One's Use of Posted Content on the Orchestra One Service. By creating, posting, or sharing Your User Content on or through the Orchestra One Service, and subject to Orchestra One's Privacy Policy, you grant Orchestra One a perpetual, world-wide, non-exclusive, non-transferable, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content for any purpose, including for the purpose of promoting Orchestra One and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. Orchestra One reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the Orchestra One Service, any right, title, or interest in or to such content delivered via the Orchestra One Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Orchestra One Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Orchestra One Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Orchestra One Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Orchestra One Service.
The Orchestra One Service contains content from users and other Orchestra One licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Orchestra One Service.

X. Copyright Policy

Let us know if you think a user has violated your copyright using the Orchestra One Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Orchestra One Service infringe your copyright, you (or your agent) may send Orchestra One a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Orchestra One Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Orchestra One to locate the material on the Orchestra One Service;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Orchestra One a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Orchestra One Service should be sent to rob@orchestra.one. Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

XI. Suggestions and Submissions

Do not send us your ideas for a new business or functionality. If you do, we can use them without compensating you.
Orchestra One appreciates hearing from its users and welcomes your comments regarding the Orchestra One Service. Please be advised, however, that Orchestra One does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While Orchestra One values your feedback on our services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Orchestra One creative ideas, Orchestra One shall:
own, exclusively, all now known or later discovered rights to the creative ideas;
not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

XII. User Content Disclaimers, Limitations, and Prohibitions

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users ("User Content"). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk. By using the Orchestra One Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on the Orchestra One Service. Orchestra One does not endorse any, nor is it responsible for, User Content on the Orchestra One Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Orchestra One Service, try to break it, or steal our hard work.
You agree to use the Orchestra One Service only for its intended purpose and in an authorized manner. You must use the Orchestra One Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Orchestra One Service are prohibited. You may not:

attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Orchestra One Service, user accounts, or the technology and equipment supporting the Orchestra One Service;
frame or link to the Orchestra One Service without permission;
use data mining, robots, or other data gathering devices on or through the Orchestra One Service, unless specifically allowed by these Terms;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
sell, transfer, or assign any of your rights to use the Orchestra One Service to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the Orchestra One Service in an illegal way or to commit an illegal act in relation to the Orchestra One Service or that otherwise results in fines, penalties, and other liability to Orchestra One or others; or
access the Orchestra One Service from a jurisdiction where it is illegal or unauthorized.

XIII. Consequences of Violating These Terms

If you do not act acceptably, we may refuse to provide the Orchestra One Service to you.
We reserve the right to suspend or terminate your account and prevent access to the Orchestra One Service for any reason, at our discretion. We reserve the right to refuse to provide the Orchestra One Service to you in the future.
We may review and remove any User Content at any time for any reason, including for activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Orchestra One Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Orchestra One Service.

XIV. Orchestra One's Liability

We are not liable for anything our users do when using the Orchestra One Service. We may also change the Orchestra One Service at any time and are not liable for how this may affect you. We don't guarantee the quality or accuracy of any content you view using the Orchestra One Service or other websites.
Changes to the Orchestra One Service. We may change, suspend, or discontinue any aspect of the Orchestra One Service at any time, including hours of operation or availability of the Orchestra One Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the Orchestra One Service, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used the Orchestra One Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Orchestra One of all claims, demands, and damages in disputes among users of the Orchestra One Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Orchestra One Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Orchestra One Service, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-to-text functionality, or the quality or nature of third-party products or services obtained through the Orchestra One Service. Use the Orchestra One Service at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Orchestra One Service.
Released Parties Defined. "Released Parties" include Orchestra One and our affiliates, officers, employees, agents, partners, and licensors.

A. DISCLAIMER OF WARRANTIES

You use the Orchestra One Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE ORCHESTRA ONE SERVICE IS AT YOUR SOLE RISK, AND THE ORCHESTRA ONE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE ORCHESTRA ONE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE ORCHESTRA ONE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ORCHESTRA ONE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ORCHESTRA ONE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE ORCHESTRA ONE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE ORCHESTRA ONE CURRENCY HAS ANY VALUE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ORCHESTRA ONE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may be connected to your use of the Orchestra One Service. If you use the Orchestra One Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ORCHESTRA ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ORCHESTRA ONE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE ORCHESTRA ONE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE ORCHESTRA ONE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE ORCHESTRA ONE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ORCHESTRA ONE SERVICE OR YOUR USE OF ORCHESTRA ONE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Orchestra One Content or the use of the Orchestra One Service, (iii) any activity on the Orchestra One Service under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

XV. General Terms

These Terms constitute the entire agreement between you and Orchestra One concerning your use of the Orchestra One Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction 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 the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XVI. Arbitration, Class Waiver, and Waiver of Jury Trial

We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Orchestra One Service.
These Terms and the relationship between you and Orchestra One shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Orchestra One agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Orchestra One Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco county in the state of California. You covenant not to sue Orchestra One in any other forum.

  • Website and Client Services Privacy Policy

    Last updated: February 12, 2016

    This Website and Client Services Privacy Policy (“Privacy Policy”) covers “Personal Information” collected by Orchestra One from clients, third parties at the direction of users, and client systems as well as through the operation of websites, mobile applications, and software by Orchestra One Inc. and its affiliates and subsidiaries (“Orchestra One,” “we,” and “us”), (collectively “Orchestra One Service”). The Privacy Policy describes how Orchestra One collects, uses, and discloses “Personal Information.”

    “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, phone number, social security number, and insurance-issued ID numbers. “Personal Information” also includes identifiable health information collected about you. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

     

     

    About Orchestra One

     

    Orchestra One provides health service providers with the Orchestra One Service to manage appointments, personal health records, communications, and other related activities. Other than information gathered through our website at orchestra.one. Orchestra One acts as a service provider for health service providers and does not own or control the information that is submitted to us through the Orchestra One Service. The information that is submitted through the Orchestra One Service will be held subject to the requirements specified by our health service provider clients and applicable law, such as the Health Insurance Portability and Accountability Act (HIPAA).

    This Privacy Policy does not reflect the privacy practices of Orchestra One’s health service provider clients and Orchestra One is not responsible for our clients’ privacy policies or practices. Orchestra One does not review, comment upon, or monitor our health service provider clients’ privacy policies or their compliance with their respective privacy policies, nor does Orchestra One review our client’s instructions to determine whether they are in compliance or conflict with the terms of a client’s published privacy policy or applicable law.

     

     

    Collection of personal information

     

    We may collect information, including Personal Information, about you:

    • when you use the Orchestra One Service;
    • from your health service provider;
    • from third parties when you or your health service provider directs us to gather information from them; and
    • when you communicate with us.

    We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Orchestra One Service.

    The Orchestra One Website. You may visit the websites of Orchestra One without revealing any Personal Information. However, in some instances, Orchestra One may require certain Personal Information, such as business contact information, so we can respond to your inquiries or provide you with requested information.

    The Orchestra One Service. The Orchestra One Service may collect information, including Personal Information and health information, about you in three ways: (1) from you directly, (2) from a health service provider, or (3) from a third party as directed by you or a health service provider.

    Directly from Users. There are several ways you can submit data to the Orchestra One Service. For example, you can:

    • type information into the Orchestra One Service (ie. registering, updating your profile, sending a message to your provider, scheduling an appointment);
    • upload an image, a document, or any other data; or
    • when you provide feedback to help Orchestra One improve its operations.

    You should exercise care in selecting the information that you share in a survey or feedback communication. We strongly recommend against providing Orchestra One any personal health or other sensitive information that could be traced to you or any other individual.

    Making Payments. When you make payments through the Orchestra One Service, you may need to provide financial account information, such as your credit card number, to our third-party service providers.

    Customer Support. We may collect Personal Information through your communications with our customer-support team.

    Cookies, Automatic Data Collection, and Related Technologies. Orchestra One and our third-party partners, such as analytics service providers, may automatically receive and record certain non-Personal Information from users using cookies, web beacons, server logs and other similar tools. For example, Orchestra One may collect information about how you visit and navigate through the Orchestra One Service, when you click on a link or open a web page, use certain elements of the Orchestra One Service, or open an email sent by Orchestra One. Orchestra One may use this information to provide certain functionality, improve the tools and services, and monitor the use of the tools and services. For example, we use these tools to save user preferences, preserve session settings and activity, help authenticate users, allow users to auto-fill sign-in pages of websites they frequently visit, and debug and evaluate the performance of the Orchestra One Service. Our partners also may collect such information about your online activities over time and on other websites or apps. You may be able to change browser settings to block and delete cookies when you access the Orchestra One Service through a web browser. However, if you do that, the Orchestra One Service may not work properly.

     

     

    Use of personal information

     

    We use Personal Information to:

    • facilitate and improve our services,
    • as permitted by our agreements with health service providers and applicable law; and
    • communicate with you.

    We may use anonymized and aggregate information for business purpose.

    Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the Orchestra One Service. We may use and retain any data we collect to provide and improve our services.

    For example, we may use Personal Information for the following purposes:

    • maintaining and operating the Orchestra One Service (this may include registering you, processing payments, or providing you with customer support);
    • making announcements about features, terms, policies, or other aspects of the Orchestra One Service;
    • responding to questions and communications, which we retain in the ordinary course of business; and

    protecting the Orchestra One Service, the information it protects, the rights of third parties and in response to legal process (more fully discussed below).

    Consents and Authorizations. Orchestra One may request your consent or authorization in connection with the use or sharing of Personal Information about you. In some instances, this will be because this Privacy Policy or applicable law or regulations require us to obtain such consent. In other instances, such consent will be for informational purposes. Any request to obtain your consent does not narrow the scope of this Privacy Policy. By using the Orchestra One Service, you accept and agree to Orchestra One’s information handling practices in the manner described.

    Surveys and Ratings. The content of feedback you provide to Orchestra One is presumed public. Orchestra One will let you know in advance how it will use survey or rating feedback in any such request for such information.

    Protect the Orchestra One Service and data it stores. We may use the information collected through the Orchestra One Service to investigate potential or suspected threats to the Orchestra One Service or to the confidentiality, integrity or availability of the information Orchestra One stores and maintains.

    Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance. We may also send you marketing emails if you request more information about our products and services. Emails are often transactional or relationship messages, such as appointment requests, reminders and cancellations and other notifications. Orchestra One may not offer you the option of opting out of receiving some of these messages although Orchestra One may allow you to modify how often you receive such messages. If you opt-in to receiving marketing announcements from Orchestra One, we will allow you to opt-out of receiving those announcements.

    Anonymized and Aggregate Data. We may anonymize and aggregate any data collected through the Orchestra One Service, and use it for business purposes. For example, we may use such data for evaluating and profiling the performance of the Orchestra One Service, including analyzing usage trends and patterns and measuring the effectiveness of content, features, or services.

     

     

    Information sharing and disclosure

     

    We may share your information:

    • with our third-party vendors and service providers;
    • with your health service provider and, at your direction, to others;
    • to comply with legal obligations;
    • to protect and defend our rights and property; and
    • with your permission.

     

    We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

    We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Orchestra One Service. When protected health information is shared, such vendors and service providers will be bound by appropriate confidentiality and security obligations which include business associate contract obligations as required by HIPAA.

    We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

    Plaid Services Disclosure. Orchestra One uses Plaid Technologies, Inc. (“Plaid”) to gather End User's data from financial institutions. By using our service, you grant Orchestra One and Plaid the right, power and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored and processed by Plaid in accordance with the Plaid Privacy Policy

    Displaying or Disclosing to Health Service Providers and Others. The content you provide to the Orchestra One Service may be displayed on the Orchestra One Service or disclosed to others at your direction. Your health service provider (including his or her staff) will have access to your account information, including your Personal Information. However, your health service provider will not have access to any payment information, such as your credit card number, through the Orchestra One Service. Your provider may: (i) receive and store your account information; (ii) change your password; (iii) restrict your ability to submit, delete or edit information; (iv) suspend or terminate your account access or (v) access or retain any information you provide or otherwise store as part of your account for any purposes required or permitted under applicable law. When you contact or schedule an appointment with a health service provider, the provider will need your name, contact information, as well as other information. You may also be permitted to share the content of your health records with others. We are not responsible for the privacy practices of the others who will view and use the information you disclose to others.

    Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

    As Required By Law and Similar Disclosures. We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect your, our, or others’ rights, property, or safety.

    Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

    With Your Permission. We may also disclose your Personal Information with your permission.

     

     

    Information Retention

     

    Orchestra One’s collection, use, and disclosure of information are generally governed by service agreements with our health service provider clients. Information maintained to provide these services to our business clients is retained only for as long as we have a valid business purpose and in accordance with applicable law. Orchestra One may retain archived information for a period of five years (or longer if required by law) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under this Privacy Policy.

    Account Deactivation. If you desire to deactivate your account please have your provider contact us. Upon receiving such a request, Orchestra One will deactivate your account and archive your Personal Information, including any health information.

    Limits to Your Requests for Access, Amendment, or Deletion. You may not be able to access, update, or delete information that you share with another user or other party through the Orchestra One Service. Others may also submit personal information that identifies you (for example, when submitting medical family history). You will also not be able to access, update, or delete that information. Certain users, such as health service providers, may be required under HIPAA and other applicable laws to retain information about patients for extended periods of time. Orchestra One will continue to retain such information on their behalf.

    Orchestra One indefinitely stores non-personal information, as well as any feedback you provide us.

     

     

    Access / correction

     

    In most cases, Orchestra One obtains Personal Information on behalf of a health service provider. To request access to, correction, amendment, or deletion of this Personal Information, a patient or end user should make the change using the Orchestra One Service or contact the health service provider to which the data was provided. For other inquiries, please contact us at rob@orchestra.one

     

     

    Security

     

    While Orchestra One takes its every effort, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we take steps to ensure security on our systems. Please note this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such safeguards.

    Orchestra One provides its services to health service providers, and when we process “protected health information” as defined by HIPAA on behalf of such health service providers, we are acting as a “business associate” to them as regulated by HIPAA. Therefore, Orchestra One must adopt and maintain appropriate physical, technical, administrative, and organizational procedures to safeguard and secure the protected health information we process. We also may not access, use, or disclose the protected health information except as permitted by health service provider clients, you, and/or applicable law. Orchestra One strives to protect the privacy of the Personal Information it processes, and to avoid inadvertent disclosure.

    If Orchestra One learns of a security system’s breach, Orchestra One maintains an incident response policy that includes notifications consistent with applicable law.

    By using the Orchestra One Service or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website.

     

     

    International

     

    The Orchestra One Service is intended for use in the United States only. By using the Orchestra One Service, you will transfer data to the United States.

    Access to the Orchestra One Service is administered in the United States and is intended solely for users within the United States.

     

     

    Persons under the age of 13

     

    The Orchestra One Service is not intended for or designed to attract persons under the age of 13 (“child” or “children”). Orchestra One does not knowingly collect personal information from children. If Orchestra One learns that it has obtained personal information from a child, Orchestra One will delete that information as soon as practicable. If your child has provided us with personal information without your consent, please contact Orchestra One immediately.

    Without limiting the above, the Orchestra One Service does allow persons above the age of 18 years—such as health service providers, parents and guardians—to provide, share and store personal information about others, including minors and children. Any user providing, storing or submitting information on behalf of a child assumes full responsibility over the submission, use, and transmission of such information.

     

     

    Changes and updates to privacy policy

     

    We may revise this Privacy Policy, so review it periodically.

    Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

    New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

     

     

    Contacting Orchestra One

     

    If you have any questions, comments, or concerns about Orchestra One or this Privacy Policy, please email us at rob@orchestra.one