This is the most damaging part of the agreement. Every dispute goes to binding individual arbitration, and the clause is written to cover medical malpractice claims and to bind people who never signed anything, including your spouse, children, parents, heirs, and anyone bringing a wrongful death claim about your care. Class, collective and representative actions are waived, jury trial is waived, arbitration is confidential and seated in Denver County, Colorado, a 60 day informal resolution period gates any filing, and a mass arbitration clause forces groups of 25 or more claims into batches of up to 100 handled by a single arbitrator. Anything left over goes to courts in New Castle County, Delaware, under Delaware law. Genuine mitigations exist, including a 30 day opt-out, a small claims carve-out, agency complaint rights, and company payment of arbitration fees where the law requires, but the opt-out only counts if sent by physical mail and email alone is expressly rejected.
Transcarent reserves the right to terminate or suspend your account at any time for any reason or no reason, with or without notice, and any violation of the terms terminates your access automatically. There is no appeal process, no cure period, and no data export right described anywhere in the document. Real mitigations exist: you can delete your account yourself in the app, losing plan eligibility triggers a 10 business day grace period, PlushCare keeps your medical records as your primary care provider under medical records law, and termination for reasons other than your breach earns a pro rata refund.
All fees are declared non-refundable up front, and the only stated way to cancel a PlushCare membership is by emailing an address, which falls short of the one-click online cancellation that California and several other states now expect for online signups. You also authorize automatic charging of unpaid balances. Offsetting that, price changes only take effect at your next billing cycle after notice, you can cancel before renewal, a cancelled membership runs to the end of the paid term, and termination that is not your fault triggers a pro rata refund.
This is not a license grant, it is a transfer of ownership. Anything you submit that is not protected health information or HIPAA-covered identifying information becomes Transcarent's property outright and can be reproduced, published, broadcast, and used in solicitations. Feedback and suggestions are treated the same way, with no credit and no compensation. The HIPAA carve-out matters a great deal for a telehealth service, since your clinical messages are the bulk of what you send, and the document does provide a proper DMCA takedown process and a clear limited license for the app.
The terms defer almost all privacy detail to an external Privacy Notice and to Notices of Privacy Practices, so this document alone cannot confirm collection limits, retention periods, or your access and deletion rights. What it does say is mixed: calls, video sessions and chats may be recorded and processed with AI for quality assurance and training, text messages containing health information travel unencrypted and the interception risk is placed on you, and non-health submissions become company property. On the positive side, HIPAA framing is explicit, consent for SMS and calls is opt-in with STOP and unsubscribe paths, push and email preferences are adjustable, and sensitive health information for minors can be shielded from parental access.
The company can change the terms at any time and puts the burden on you to check the page periodically, with continued use counting as acceptance. Notice is promised only for material adverse changes, and even that promise has broad exceptions for legal, regulatory, privacy, security and force majeure situations. Two provisions lift this above the usual pattern: disputes are judged under the version of the terms in force when the dispute arose, which blocks retroactive rewriting, and any future change to the arbitration section can be rejected in writing within 30 days.
Total liability for all claims is capped at the greater of what you paid in the previous 12 months or $100, which is close to meaningless for a service that routes people to medical care. Everything is provided as is, with all faults, and every implied warranty is disclaimed, including for the accuracy of health information and provider credentials. Indirect and consequential damages are excluded outright, the company disclaims liability for any change, suspension or termination of the service, and you release it from claims arising out of disputes with third parties including a California Civil Code 1542 waiver. The one meaningful safeguard is the statement that nothing is disclaimed which the law forbids disclaiming.
The indemnity is one way, with no matching promise from the company, and the list of protected parties stretches to owners, officers, consultants, affiliates, subsidiaries, contractors and agents. It is better drafted than most, though: it is limited to claims brought by third parties, the triggers are fault based rather than mere use of the service, attorney fees carry a reasonableness qualifier, and the company pays for its own defense when it takes control of a case. The weak spot is the final catch-all covering any dispute or issue between you and any third party, which requires no wrongdoing by you at all.
Acceptance is a clear clickwrap with an all-caps warning about arbitration and the class action waiver right at the top, which is better than most health platforms. Age rules are unusually detailed for a telehealth service, with an 18+ default, supervised use for ages 12 to 17, and guardian-only access below 12. The weak points are scope: one agreement covers Transcarent, PlushCare, 2nd.MD, Accolade, 98point6 and unnamed future products, unspecified supplemental terms are pulled in by reference, and continued use alone counts as acceptance.