These Terms and Conditions (“Terms”) govern your access to and use of the Evercare website, patient-facing communications (including SMS), and care coordination platform (collectively, the “Services”). Evercare is operated by Scraft AI, Inc. (“Evercare,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Who Can Use the Services
The Services are intended for patients enrolled in an Evercare care coordination program through their primary care physician (“PCP”), for PCPs and their staff, and for authorized care partners. You must be at least 18 years old (or the age of majority in your jurisdiction) to agree to these Terms on your own behalf. Parents or legal guardians may agree on behalf of a minor patient where permitted by law.
2. Nature of the Services; Not Medical Advice
Evercare provides care coordination services to independent PCPs and their patients, including services aligned with Medicare Advanced Primary Care Management (APCM) and related programs. Evercare is not a medical provider and does not practice medicine. Information provided through the Services, including SMS communications, is for care coordination and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Emergencies. Do not use the Services to request emergency care. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.
3. SMS Communications
By providing your mobile phone number and consenting to SMS messages from Evercare (including verbally to an Evercare care coordinator), you agree to receive care coordination messages from Evercare, including appointment follow-ups, care plan updates, medication reminders, and clinical communication from your care team. Message frequency varies based on your care needs. Message and data rates may apply from your wireless carrier.
You may opt out at any time by replying STOP to any Evercare SMS message. Reply HELP for help. Your mobile information and SMS consent are handled as described in our Privacy Policy and are not sold or shared with third parties or affiliates for promotional or marketing purposes.
4. Your Responsibilities
When you use the Services, you agree to:
- Provide accurate, current, and complete information, including a mobile phone number you control
- Promptly update any information that changes, including your phone number, address, or insurance information
- Use the Services only for lawful purposes and in accordance with these Terms
- Not attempt to access, interfere with, or disrupt the Services, other users' accounts, or the underlying systems
- Not use the Services to transmit unlawful, harassing, or harmful content
5. Consent to Communications
By using the Services, you consent to receive communications from Evercare electronically, including by email, SMS, phone call, and in-platform messaging, for purposes related to your care coordination. You may withdraw consent for specific channels by following the opt-out instructions in the relevant message or by contacting us at the email address in Section 14.
6. Privacy and Protected Health Information
Evercare's collection, use, and disclosure of information is described in our Privacy Policy, which is incorporated into these Terms by reference. When Evercare delivers care coordination on behalf of a PCP, Evercare acts as a HIPAA Business Associate of that PCP under 45 CFR § 164.502(e), and Protected Health Information is handled in accordance with the applicable Business Associate Agreement and your PCP's Notice of Privacy Practices.
7. Intellectual Property
The Services, including all software, content, designs, logos, and trademarks, are owned by Evercare or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. You may not copy, modify, distribute, reverse engineer, or create derivative works of the Services except as permitted by law.
8. Third-Party Services
The Services may rely on third-party providers (for example, Telnyx for SMS delivery, and health information exchange intermediaries). We are not responsible for the acts or omissions of third-party providers except as required by applicable law or by the contracts we have with them.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOTHING IN THE SERVICES CONSTITUTES MEDICAL ADVICE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERCARE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
11. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, if required by law, or if we discontinue the Services. You may stop using the Services at any time. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will survive.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts. Nothing in this section limits any rights you may have under applicable consumer protection laws that cannot be waived by contract.
13. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
14. Contact Us
If you have questions about these Terms, please contact us:
Evercare (Scraft AI, Inc.)
Email: jinhong@myevercare.org
Website: https://myevercare.org