Terms of Service
Last updated: August 1, 2024
These terms of use (“Terms of Use”) set forth the terms and conditions of Kind Health, Inc. (“us”, “our”, and "Kind Health") applicable to your (“you”, “your” and “yourself”) use of the Kind Health website located at www.kindhealth.com, and any related software, applications, services, and/or products (collectively the “Platform”), including without limitation your use of the Platform to obtain services as a "Client" and/or your use of the Platform to perform services as an "Advocate." Your use of the Platform constitutes your agreement to all of the terms and conditions in the Terms of Use, and Kind Health encourages you to read the Terms of Use carefully.
IF YOU OBJECT TO ANYTHING IN THE TERMS OF USE, INCLUDING THE JURY WAIVER AND CLASS ACTION WAIVER IN SECTION 17, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE PLATFORM AND EXIT IMMEDIATELY, AS YOU ARE NOT AUTHORIZED TO USE THE PLATFORM. IF YOU ARE USING THE PLATFORM ON BEHALF OF SOMEONE ELSE, INCLUDING, WITHOUT LIMITATION, A MINOR CHILD, ADULT RELATIVE, FRIEND, ASSOCIATE, CLIENT, CUSTOMER, OR OTHER THIRD PARTY (COLLECTIVELY, “THIRD PARTY”), YOU REPRESENT, WARRANT, AND COVENANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THE TERMS OF USE ON SUCH THIRD PARTY’S BEHALF AND TO BIND SUCH THIRD PARTY TO THE TERMS OF USE. TO THE EXTENT YOU DO NOT HAVE THE AUTHORITY TO AGREE TO THE TERMS OF USE ON SUCH THIRD PARTY’S BEHALF AND/OR TO BIND SUCH THIRD PARTY TO THE TERMS OF USE, YOU SHALL BE SOLELY AND EXCLUSIVELY LIABLE FOR SUCH THIRD PARTY’S DAMAGES, INJURIES, LOSSES, AND LIABILITIES ASSOCIATED WITH YOUR USE OF THE PLATFORM ON SUCH THIRD PARTY’S BEHALF. FURTHER, YOU AGREE TO INDEMNIFY KIND HEALTH FOR ANY AND ALL THIRD PARTY DISPUTES, DEMANDS, CLAIMS, CONTROVERSIES, CAUSES OF ACTIONS, LAWSUITS, AND PROCEEDINGS (COLLECTIVELY, “DISPUTES”) IN ANY WAY RELATED TO YOUR USE OF THE PLATFORM ON SUCH THIRD PARTY’S BEHALF AND/OR SUCH THIRD PARTY’S DAMAGES, INJURIES, LOSSES, AND LIABILITIES ASSOCIATED WITH SERVICES PERFORMED BY ADVOCATES.
For purposes of the Terms of Use, “Kind Health” means and includes Kind Health and its subsidiaries and affiliates, and its and their investors, officers, directors, employees, agents, representatives, and assigns. “User” means each person who accesses or uses the Platform, including Clients and Advocates.
You understand and agree that Kind Health may revise, modify, and/or supplement the Terms of Use (the “Revised Terms of Use”) at any time. Any such Revised Terms of Use will be effective immediately after notice is sent to you via email. If you do not agree to such Revised Terms of Use, you must stop using the Platform and close your account. You can deactivate your account by emailing us at deactivate@kindhealth.com. By continuing to use the Platform following notice, or by failing to deactivate your account, you hereby expressly agree to be bound by such Revised Terms of Use and acknowledge that your continued use of the Platform is valid consideration for such Revised Terms of Use.
1. Privacy Policy
Refer to the Kind Health Privacy Policy at https://www.kindhealth.com/privacy-policy for information on how Kind Health collects, stores, uses, and discloses information about you.
2. License
Subject to the terms and conditions set forth in the Terms of Use, Kind Health grants you a nonexclusive, nontransferable, revocable license to access and use the Platform solely as intended. Rights not expressly granted to you in the Terms of Use are reserved by Kind Health.
3. Platform Eligibility
To be eligible to use the Platform, you represent, warrant, and covenant that you: (A) Are eighteen (18) years of age or older—the Platform is not intended for use by anyone under the age of eighteen (18) years old; (B) Have full power and authority to enter into the Terms of Use and to be bound by the Terms of Use; (C) Will not violate any other agreement to which you are a party by agreeing to the Terms of Use; (D) Are not restricted from using the Platform in any way or for any reason; (E) Are not using the Platform for reasons that are in competition with or adverse to Kind Health; and (F) Will only maintain one account at any given time.
4. Platform is a Venue; No Medical Advice
The Platform offers a venue where Users connect for the performance of services (each, an “Engagement”). Users of the Platform contract directly with each other, and Kind Health is not a party to any contracts or agreements between Users. By using the Platform, you understand and agree that no joint venture, partnership, employment, franchise, or agency relationship exists between you and Kind Health or Kind Health and any other User. Further, any information, materials, and/or Content available on or through the Platform, whether by Kind Health, Users, or third parties, is for informational purposes only and does not constitute medical or professional advice, nor is it intended to constitute medical or professional advice. If you have specific concerns or a situation arises requiring medical or professional advice, you should consult with an appropriately trained and qualified professional.
KIND HEALTH HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE KIND HEALTH FROM, ANY AND ALL DISPUTES ARISING FROM AND/OR IN ANY WAY RELATED TO THE INFORMATION, MATERIALS, AND/OR CONTENT PROVIDED ON OR THROUGH THE PLATFORM.
5. Independent Contractors
Kind Health is not an employment service or employment agency, and Kind Health does not employ Advocates. In all cases, Advocates are independent contractors and not employees of Kind Health. That means Advocates are free to accept or reject any Engagements, perform services free from supervision or control of Kind Health, and provide their own tools and equipment. All contracts, agreements, and arrangements for Engagements are between Clients and Advocates, and Kind Health is not a party thereto. As such, Kind Health does not withhold taxes including, without limitation, unemployment insurance, workers’ compensation, employer’s liability, social security, or other payroll withholdings. You understand and agree that if Kind Health is found liable for any taxes, other than on Kind Health’s income, you will immediately reimburse and pay to Kind Health an equivalent amount, including any interest or penalties thereon.
6. Connecting Users; No Control
The Platform leverages a proprietary algorithm to connect Users for Engagements based on numerous factors including, without limitation, Client criteria and location, and Advocate experience, specialty, and location. Notwithstanding the foregoing, Kind Health does not have control over any aspect of any Engagements including, without limitation, the legality, timing, quality, performance, or non-performance thereof. Further, Kind Health does not supervise or control any aspect of any Engagements, and Clients are responsible for supervising and controlling the services performed by Advocates. As such, Kind Health makes no representations, warranties, or covenants about any aspect of any Engagements or services performed.
7. Payment
Advocates are paid for Engagements on a “time and materials” basis, which means that Advocates get paid by Clients for the time spent performing services, the tools and equipment required to perform the services, approved expenses incurred, and travel time (if applicable). A valid credit card is required in order for Clients to post Engagements, and all payments shall be paid through the Platform. Kind Health may place a “hold” on your credit card for all amounts due. Clients are obligated to pay all amounts incurred in accordance with the then-current pricing, which may include charges for labor, tools, equipment, expenses, travel, gratuity, cancellation, and any other applicable fees. You hereby authorize Kind Health to charge your credit card for the total amount due for each Engagement that you post. At Kind Health's sole and exclusive discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Kind Health. For any payments that are more than three (3) business days past due, 15% interest will be added to the total amount and compounded every 30 days beginning the day that payment is due, and you shall reimburse Kind Health for all collection costs including, without limitation, attorneys’ fees and court costs. As part of the product offering, Kind Health allows you, as an Advocate, to invoice Clients for certain amounts (the “Retainer”) prior to commencing work for a Client. The Retainer will be applied against future invoices from you to that Client. Upon completion of all work by you for a Client, or termination of a relationship between you and Advocate, you agree to permit Kind Health to withdraw the unused portion, if any, of a Client’s retainer from your connected bank account as necessary to refund that portion to that Client.
8. Account Security
You represent, warrant, and covenant that at all times you will: (A) Maintain the security and confidentiality of your account information including, without limitation, your username and password; (B) Be responsible for all activity that occurs under your account, whether by you or by others; (C) Notify us immediately of any unauthorized use of your profile, the need to deactivate your profile due to security concerns, or any other breach of security; (D) Be liable for all charges, damages, and losses incurred or suffered by you and/or by Kind Health as a result of activity under your account; and, (E) Ensure that you log out