Terms of Service

These Terms of Use ("Terms") govern your use of the Hatch website and any other website or online service that Hatch operates and that links to these Terms (collectively, the "Services").

Companies such as hospitals, healthcare providers, employers, and others (collectively, “Customers”) engage Hatch to provide the Services on their behalf to users. User refers to an individual end user of the Services, who may be a patient of a healthcare provider, an employee or other staff or workforce member of an employer, or any other individual user for whom the Services are being provided.

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the "Terms of Use" link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

PRIVACY

By using the Services, you consent to our processing of your information consistent with our Privacy Policy.

NO EMERGENCY SERVICES

Hatch does not provide any physicians' or other healthcare providers' (collectively, "Providers") services itself. All of the Providers are independent of Hatch and use the Services to communicate with you. Any information or advice received from a Provider comes from the Provider, and not from Hatch. Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

Neither hatch nor any of its licensors or suppliers or any third parties who promote the services or provide you with a link to the services shall be liable for any professional advice you obtain from a provider via the service nor for any information obtained from our services. You acknowledge your reliance on any providers or information provided by the services is solely at your own risk and you assume full responsibility for all risk associated therewith.

You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you.

PROHIBITED CONDUCT

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

use the Services in any way that is illegal, fraudulent, or harmful;
transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
provide information on the forms that is untrue, inaccurate, not current, or incomplete;
transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
copy, store, host, transmit, send, use, publish or distribute any malicious software or other harmful item;
use the Services to send spam, surveys, or any commercial communications that are not an authorized part of the Services;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
engage in unauthorized spidering, "scraping," or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice. If we block your access to the Services, you agree not to attempt to circumvent our action (such as by creating or using a different account.)

INTELLECTUAL PROPERTY RIGHTS

The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Hatch or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Hatch, its affiliates, or any third party.

PASSWORD SECURITY

You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.

CONSENT TO SERVICES

The Service respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act ("HIPAA"), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations. In addition, by clicking the "AGREE" button you are authorizing Providers to release your contact information to Hatch solely in order for Hatch to provide you with information about additional clinical services or general wellness. Please refer to the Privacy Policy for information about the security of ordinary email or text messages, which are frequently used as a part of the Services. Communications. You agree that you may receive customer support, account-related, or transactional communications from us or the Customer by telephone, text, email, or postal mail.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Your use of the services is at your own risk. The services are provided "as is" without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the services or any third-party sites linked to or from the services, or that the functions provided will be uninterrupted, secure, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the services or any third-party sites linked to or from the services. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will we, or our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the services, any interruption in availability of the services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the services or the data collected through the services, even if one or more of them has been advised of the possibility of such damages or loss. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, hatch's liability in such jurisdictions shall be limited to the maximum extent permitted by law.

You acknowledge and agree that hatch is not engaged in the practice of medicine and that hatch is not determining appropriate medical use of the services. Hatch, its licensors, suppliers, and all third parties who promote the services or provide you with a link to the services expressly disclaim any and all liability resulting from the delivery of healthcare via the service, including but not limited to liability for medical malpractice.

MISCELLANEOUS

These Terms, including our Privacy Policy incorporated herein, constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. If we enter into an additional or separate written agreement with you, the terms of that agreement will supplement these Terms and will control to the extent they are contrary to these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Hatch’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Hatch may freely assign or transfer these Terms without restriction.

TERMINATION

We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with the Customer or upon the request of the Customer. You may stop using the Services at any time. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled “Important Information About Your Use of the Services,” “Intellectual Property Rights,” “Website and Third-Party Content,” “Termination,” “Disclaimer Of Warranties; Limitation Of Liability,” “Miscellaneous,” and any provisions that, by their nature, should survive termination.

If you have any questions about these Terms or the Services, please contact Hatch at support@hatchcare.com.

We welcome feedback, comments, complaints and suggestions for improvements to the Services. For contact details please see https://hatchcare.com/contact.