Hoot operates a physician-led patient education platform. Hoot delivers doctor-recorded and clinically reviewed educational videos and messages by text message (SMS), Rich Communication Services (RCS), email, and web links at important moments in a patient's treatment journey, so that patients can better understand their condition, their treatment options, and what to expect.

Hoot provides this technology and content service to Care Organizations, and delivers Content only at their direction. Hoot is not a licensed healthcare provider, does not practice medicine, nursing, pharmacy, or any other healthcare profession, and does not employ or supervise the clinicians who appear in the content. Hoot does not have access to your medical records except as needed to deliver the specific messages your Care Organization asks us to send.

Hoot content is developed in collaboration with licensed physicians and other qualified healthcare professionals, and is delivered to you only at the direction of your Care Organization. Depending on how your Care Organization uses Hoot, the content you receive may be:

Your Care Organization is solely responsible for selecting the content sent to you, for confirming that it is clinically appropriate for you, and for its accuracy, completeness, and currency. Hoot does not independently verify that content chosen by a Care Organization is appropriate for any individual patient, and Hoot does not make treatment recommendations. Where content is provided by a pharmaceutical or medical device company, that company is responsible for ensuring the content complies with applicable laws and regulations, including those governing the promotion of prescription products.

Medical knowledge changes over time. Content may not reflect the most recent clinical evidence, guidelines, or product labeling, and neither Hoot nor your Care Organization is obligated to update content previously delivered to you.

ALL CONTENT DELIVERED THROUGH HOOT, INCLUDING VIDEOS, TEXT MESSAGES, RCS MESSAGES, EMAILS, WEB PAGES, AND ANY LINKED MATERIALS (COLLECTIVELY, "CONTENT"), IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR A RECOMMENDATION FOR OR AGAINST ANY SPECIFIC TEST, PRODUCT, MEDICATION, DEVICE, OR PROCEDURE, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM A LICENSED HEALTHCARE PROVIDER WHO KNOWS YOUR INDIVIDUAL MEDICAL HISTORY.

Content is general in nature and is not tailored to your specific medical circumstances, even when it is sent to you at a particular point in your treatment. Never disregard, delay seeking, or change professional medical advice, including instructions about medications, dosing, or follow-up care, because of something you have seen or read in Hoot Content. If you have any questions about a medical condition, a medication, or a treatment, ask your healthcare provider.

Your reliance on any Content is solely at your own risk. Hoot, and the clinicians and organizations that create or approve Content, are not responsible for any decision you make or action you take based on Content.

Use of Hoot Content does not create a physician-patient, provider-patient, or any other professional relationship between you and Hoot, or between you and any clinician who appears in Content but is not otherwise treating you. A clinician's appearance in Content is educational and does not mean that clinician has evaluated you, is treating you, or has accepted any duty of care toward you.

Hoot does not monitor replies, messages, or comments for clinical content and cannot respond to medical questions. Do not use Hoot to communicate with your Care Organization about symptoms, urgent concerns, prescription refills, or appointment changes. Contact your Care Organization directly through the channels it has provided to you.

Some Content may be generated, translated, personalized, or augmented using artificial intelligence, including AI-generated video, voice, or likeness of a clinician created with that clinician's authorization ("AI Content"). AI Content is based on scripts and materials reviewed by licensed healthcare professionals or approved by your Care Organization. However, AI systems have inherent limitations and may produce inaccuracies, omissions, or statements that do not reflect the most current clinical evidence.

Hoot makes no representation or warranty that AI Content is accurate, complete, or free from error. AI Content is provided for informational and educational purposes only and must not be relied upon as medical advice. Hoot will identify AI Content where required by applicable law.

When Hoot delivers Content on behalf of a Care Organization that is a covered entity under HIPAA, Hoot acts as that organization's business associate and handles your Protected Health Information only as permitted by HIPAA and Hoot's Business Associate Agreement with your Care Organization. Hoot maintains administrative, physical, and technical safeguards consistent with the HIPAA Security Rule.

Hoot does not sell identifiable Protected Health Information, and does not share your phone number, email address, or consent records with third parties for their own marketing, advertising, or analytics. Such information is shared only with the messaging and email providers needed to deliver your messages. Hoot may use information in de-identified or aggregated form, as permitted by law, to measure and improve its services.

Your Care Organization remains the custodian of your medical record. To access, correct, or request deletion of your health information, or to ask questions about how your Care Organization uses your information, contact your Care Organization directly. If Hoot receives such a request, Hoot will refer it to your Care Organization. For more detail, see Hoot's Privacy Policy and HIPAA Compliance pages.

Hoot does not knowingly collect information directly from children under 13. Where Content concerns a minor's care, messages are sent to the parent or legal guardian who provided consent through the Care Organization.

Hoot grants you a limited, personal, non-transferable, revocable license to view Content for your own non-commercial educational purposes. Content, including videos, scripts, graphics, clinician likenesses, and trademarks, is owned by Hoot, your Care Organization, or their licensors and is protected by copyright and other intellectual property laws. Except as permitted by law, you may not copy, download, record, modify, distribute, publicly display, sell, or create derivative works from Content, or remove any copyright or attribution notice.

You agree not to use Hoot or any Content to: send unlawful, harassing, or deceptive communications; impersonate another person; interfere with the security or operation of the platform; access the platform through automated means; or attempt to gain unauthorized access to any system or account. You must be at least 18 years old to opt in to messages on your own behalf. Hoot may suspend delivery of Content to any recipient who violates these Terms.

Content may include links to websites, applications, or services operated by third parties, including your Care Organization, pharmaceutical or device manufacturers, patient support programs, pharmacies, and scheduling or payment tools. Hoot does not control, endorse, or assume responsibility for third-party content, products, services, privacy practices, or terms. You access third-party services at your own risk and should review their terms and privacy policies. Any product-specific information, safety information, or prescribing information provided by a manufacturer is the responsibility of that manufacturer.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND THE HOOT PLATFORM ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HOOT, ITS AFFILIATES, LICENSORS, AND THE CLINICIANS AND CARE ORGANIZATIONS THAT CREATE OR APPROVE CONTENT EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND CURRENCY. HOOT DOES NOT WARRANT THAT CONTENT IS ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR SUITABLE FOR YOUR INDIVIDUAL MEDICAL CIRCUMSTANCES, THAT THE PLATFORM WILL BE UNINTERRUPTED OR SECURE, OR THAT MESSAGES WILL BE DELIVERED OR DELIVERED ON TIME.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, any implied warranty is limited to the shortest period and smallest scope permitted by law.

HOOT IS A TECHNOLOGY CONDUIT. HOOT DOES NOT CREATE THE CLINICAL SUBSTANCE OF CONTENT, DOES NOT SELECT CONTENT FOR ANY INDIVIDUAL PATIENT, AND DOES NOT REVIEW CONTENT FOR SUITABILITY TO YOUR CIRCUMSTANCES. THE CARE ORGANIZATION THAT DIRECTS DELIVERY OF CONTENT TO YOU, AND THE CLINICIANS AND MANUFACTURERS WHO CREATE OR APPROVE IT, ARE SOLELY RESPONSIBLE FOR ITS ACCURACY, COMPLETENESS, CURRENCY, LEGALITY, AND CLINICAL APPROPRIATENESS. HOOT ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR CONTENT OR FOR ANY USE OF OR RELIANCE ON CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOOT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "HOOT PARTIES") SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR TO ANY PERSON CLAIMING THROUGH YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO: (A) THE CONTENT OR THE HOOT PLATFORM, OR YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THEM; (B) ANY DIAGNOSIS, TREATMENT, MEDICATION OR DEVICE DECISION, DELAY IN SEEKING CARE, OR CLINICAL OUTCOME; (C) ANY INACCURACY, OMISSION, ERROR, OR OUTDATED INFORMATION IN CONTENT, INCLUDING AI CONTENT; (D) ANY ACT OR OMISSION OF YOUR CARE ORGANIZATION, ANY CLINICIAN, OR ANY MANUFACTURER; (E) DELAYED, BLOCKED, MISDIRECTED, OR UNDELIVERED MESSAGES; (F) UNAUTHORIZED ACCESS TO YOUR DEVICE, PHONE NUMBER, OR EMAIL ACCOUNT; OR (G) THIRD-PARTY WEBSITES, PRODUCTS, OR SERVICES; IN EACH CASE EVEN IF A HOOT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ASSUMPTION OF RISK. YOU UNDERSTAND THAT CONTENT IS GENERAL EDUCATION AND MAY NOT BE ACCURATE, CURRENT, OR APPROPRIATE FOR YOU. YOU VOLUNTARILY ASSUME ALL RISK ARISING FROM YOUR ACCESS TO, USE OF, OR RELIANCE ON CONTENT, AND YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH CONTENT OR THE PLATFORM IS TO STOP USING THEM AND TO CONSULT YOUR HEALTHCARE PROVIDER.

RELEASE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, AND ASSIGNS, RELEASE AND FOREVER DISCHARGE THE HOOT PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LIABILITIES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO THE CONTENT, THE PLATFORM, OR THE MATTERS DESCRIBED IN THIS SECTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HOOT PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE CONTENT OR PLATFORM, YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF ANY LAW OR THIRD-PARTY RIGHT, OR ANY CLAIM BROUGHT BY A PERSON CLAIMING THROUGH YOU.

DIRECTION OF CLAIMS. ANY CLAIM RELATING TO YOUR MEDICAL CARE, THE CLINICAL APPROPRIATENESS OR ACCURACY OF CONTENT SELECTED FOR YOU, OR THE HANDLING OF YOUR HEALTH INFORMATION SHALL BE DIRECTED SOLELY TO YOUR CARE ORGANIZATION, THE RESPONSIBLE CLINICIAN, OR THE RESPONSIBLE MANUFACTURER, AND NOT TO ANY HOOT PARTY. THE HOOT PARTIES ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY CARE ORGANIZATION, CLINICIAN, OR MANUFACTURER.

IF, NOTWITHSTANDING THE FOREGOING, A HOOT PARTY IS FOUND LIABLE TO YOU FOR ANY REASON, THE TOTAL AGGREGATE LIABILITY OF ALL HOOT PARTIES FOR ALL CLAIMS SHALL NOT EXCEED ONE DOLLAR ($1.00). THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND HOOT, APPLY REGARDLESS OF THE FORM OF ACTION, AND SURVIVE ANY TERMINATION OF THESE TERMS. ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR ARE PERMANENTLY BARRED.

These exclusions apply to the maximum extent the law allows. Where applicable law does not permit a particular exclusion or limitation, that exclusion or limitation applies to the greatest extent permitted, and the remainder of this section stays in full effect. This section does not affect any obligation Hoot has under HIPAA.

These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of New Jersey, without regard to conflict-of-laws principles.

Before starting any legal proceeding, you agree to send a written description of your claim to legal@hootmyopiacare.com and allow Hoot 60 days to resolve it in good faith. If the claim is not resolved, you and Hoot agree that any dispute arising out of or relating to these Terms, the Content, or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or in small claims court. There is no judge or jury in arbitration, and class, collective, or representative actions are not permitted. Either party may seek emergency injunctive relief in a court of competent jurisdiction. If a claim proceeds in court, both parties waive any right to a jury trial.

You may opt out of this arbitration agreement and class action waiver by sending written notice to legal@hootmyopiacare.com within 30 days after you first receive Hoot Content, stating your name, the phone number or email address at which you receive Hoot messages, and that you wish to opt out. This section does not apply to any claim under HIPAA or other law that cannot be subject to arbitration.

Hoot may revise these Terms from time to time. Material changes will be posted at this page with an updated effective date, and Hoot will make reasonable efforts to notify you through the message channels you have opted in to. Your continued receipt or use of Content after the effective date of a change constitutes acceptance of the revised Terms. If you do not agree, reply STOP or unsubscribe to end delivery. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. These Terms, together with Hoot's Privacy Policy, are the entire agreement between you and Hoot regarding Content delivered to you as a patient.