Terms of Use

Welcome

Welcome, and thank you for your interest in Sandwych, Inc. (“Sandwych,” “we,” “our,” and/or “us”), our websites (including https://sandwych.com/), mobile application, and other services provided by us (collectively, the “Service”). These Terms of Use are a legally binding contract between you and us regarding your use of the Service (together, these “Terms”). For purposes of these Terms, “you,” “your,” and “user” mean the person accessing the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

By clicking “I Accept” or by downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by these Terms.

For Providers and Health Plans, you further agree to the terms of our Business Associate Agreement, the terms of which are incorporated herein.

If you are not eligible or do not agree to these Terms, then you do not have our permission to use the Service. Your use of the Service, and Sandwych’s provision of the Service to you, constitutes an agreement by Sandwych and by you to be bound by these Terms.

You agree to receive communications from us via emails or texts/calls from or on behalf of Sandwych at the address or phone number you provide to us. These communications may include details of appointment follow ups, offers, and other alerts that may require immediate attention. You understand and agree that these texts/calls may be considered telemarketing under applicable law, they may be sent using an automatic telephone dialing system or other automated technology, and your consent is not a condition of any purchase.

Mandatory Arbitration Notice and Class Action and Jury Trial Waiver

These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Service will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative.

1. Description of the Service

Sandwych provides the Sandwych Digital Health Integrator, an interactive, collaborative patient portal available through your web browser and the Sandwych mobile application that is designed to support patients and care partners, healthcare providers, including, for example, health systems and Federally Qualified Health Centers (FQHCs), accountable care organizations (ACOs), health plans, Durable Medical Equipment suppliers, and local service providers (“Providers”) throughout the entire care journey, before, during, and after clinical visits.

Our platform consolidates care activities, streamlines data sharing, and activates each step of a patient’s care plan, making it easier for all parties to stay aligned and on-task. Sandwych empowers providers and care teams with tools and insights to enhance patient outcomes, improve healthcare access, and optimize care costs.

Patients and their care partners can organize health efforts, enable data sharing, and track progress on care plans. Healthcare providers benefit from optimized patient outcomes and improved access, while local service providers and suppliers can manage referrals and orders digitally.

2. We Do Not Provide Medical Advice

YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR BEHAVIORAL HEALTH EMERGENCY IMMEDIATELY CALL A HEALTHCARE PROVIDER AND/OR 9-1-1.

You acknowledge and agree that the Service does not provide an individual with a diagnosis and that we are not engaging in the performance or delivery of medical or health care services or advice, including any decision regarding the diagnosis, treatment, or plan of care.

We do not warrant or guarantee that any medical subject matter or other information included in any materials from the Service is accurate, complete, current, or fit for any purpose whatsoever.

You remain solely responsible for choosing your own providers, including determining whether the applicable provider is suitable for your healthcare needs.

If you form a provider–patient relationship, all decisions regarding diagnosis, treatment, plan of care, and billing remain the sole responsibility of the provider.

3. Proprietary Rights and Your Use of the Service

All information and screens appearing on the Service are the sole property of Sandwych or its licensors. Subject to these Terms, we grant you a revocable, limited, personal, non-exclusive, and non-transferable license to use the Service solely for your personal use.

4. Account Access

4.1 Requirement for Access

When creating an account, you may be asked to provide information such as your name, email address, phone number, physical address, and, if acting as a care partner, information about another individual you are authorized to provide.

4.2 Access on Behalf of Others

Sandwych may offer role-based access to guardians, attorneys-in-fact, surrogate decision makers, or other legally designated decision makers (“Designated Decision Makers”). You represent and warrant that you have legal authority to act in such a role and Sandwych may request documentation verifying such authority.

4.3 Identity Verification Services

Sandwych may use third-party identity verification vendors, wireless carrier data, and authentication methods to validate your identity and prevent fraud.

4.4 Our Use of Your Information

You agree that we may collect, process, transfer, use, and disclose your information in accordance with our public-facing Privacy & Security Notice.

4.5 Health Information

You may provide protected health information (“PHI”) regulated by HIPAA. Providers and Health Plans agree to the Business Associate Agreement incorporated into these Terms.

4.6 Feedback

If you provide Feedback, you grant Sandwych an unrestricted, perpetual, irrevocable, royalty-free license to use it for any purpose.

4.7 Information Representations and Warranties

You represent and warrant that all information you provide is accurate, complete, and compliant with the User Information Standards.

4.8 Security Obligations

You must keep your username and password confidential and notify us immediately of any unauthorized access.

4.9 Right to Disable Access

We may disable any username or password at any time for any reason.

5. User Information Standards

Your information must comply with all applicable laws and must not be defamatory, obscene, infringing, deceptive, or otherwise objectionable.

6. Electronic Communications

By using the Service, you consent to receiving electronic communications, including emails, SMS messages, and automated calls.

7. Uses of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. Prohibited uses include altering the Service, transmitting harmful code, impersonation, and infringing content.

8. Monitoring and Enforcement

Sandwych may monitor, restrict, or terminate access for violations of these Terms and may cooperate with law enforcement.

9. Reliance on Information Posted

Information provided through the Service is for general informational purposes only.

10. Third-Party Links

Sandwych is not responsible for third-party websites or content.

11. General Payment Terms

Sandwych may charge fees for certain uses of the Service. Taxes may apply.

12. Additional Terms and Conditions

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service.

13. Term, Termination, and Modification

Sandwych may modify or discontinue the Service at any time. You may terminate your account at any time.

14. Federal and State Laws

You must obey all applicable laws when using the Service.

15. Minimum Age and Agreement

You must be at least 18 years old to use the Service unless an emancipated minor.

16. Our Relationship with Providers

Providers are independent entities. Sandwych does not endorse or control their services.

17. App Stores

These Terms are between you and Sandwych, not the App Store.

18. Disclaimer of Warranties

The Service is provided “as is” without warranties of any kind.

19. Limitation of Liability

Sandwych’s liability is limited to fifty dollars ($50).

20. Indemnification

You agree to indemnify and hold Sandwych harmless from claims arising from your use of the Service.

21. Copyright Complaints

Copyright complaints may be submitted to Sandwych’s designated agent.

22. Injunctive Relief

Sandwych may seek injunctive relief for breaches of these Terms.

23. Mandatory Arbitration and Class Action Waiver

All claims must be resolved by binding arbitration on an individual basis.

24. Other Terms

These Terms constitute the entire agreement between you and Sandwych.

25. Questions

If you have questions, contact hello@sandwych.com or write to 919 Congress Avenue Suite 450, Austin, TX 78701.