Terms of Service | HOPCo Digital Clinic

This SMS/Text Messaging Terms and Consent (“SMS Terms”) describes the text-messaging program operated by HOPCo National MSK Specialty Network LLC and its affiliates (“HOPCo Digital Clinic,” “we,” “us,” or “our”) through the HOPCo Digital Clinic online digital physical therapy platform (the “Platform”). These SMS Terms supplement, and are incorporated into, the HOPCo Digital Clinic Terms & Conditions (the “Terms”) and Privacy Notice (the “Privacy Notice”), each as amended from time to time and available at www.hopcodigitalclinic.com (collectively, the “Agreement”). Capitalized terms not defined herein have the meanings ascribed to them in the Terms or the Privacy Notice, as applicable.

1. Scope and Purpose of the SMS Program

HOPCo Digital Clinic offers a text-messaging program (the “SMS Program”) to deliver service-related, informational, and transactional communications to enrolled participants (“Participants”). The SMS Program is designed solely to support your care experience on the Platform, including:

(a) Appointment scheduling confirmations;

(b) Appointment reminders;

(d) Post-visit follow-up messages; and

(e) Exercise adherence and home-exercise-program reminders.

The SMS Program is informational and transactional in nature and is not used for marketing, advertising, or promotional purposes. Messages sent under this SMS Program do not constitute “telemarketing” or “unsolicited advertisements” as those terms are defined under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”).

2. Express Consent; Opt-In Mechanics

By checking the consent box at enrollment (or by providing your mobile telephone number and affirmatively agreeing to receive text messages through any other mechanism we make available), you provide your prior express consent to receive autodialed and/or prerecorded text messages from or on behalf of HOPCo Digital Clinic at the mobile telephone number you provide, for the purposes described in Section 1.

Consent is not a condition of service. Your consent to receive automated text messages is not required as a condition of purchasing any goods or services from, or receiving care through, HOPCo Digital Clinic. If you decline to opt in or later opt out, you may still use the Platform and receive care; however, you will not receive text-message reminders and will need to rely on email, the patient portal, or other available communication methods.

3. Message Types and Frequency

You may receive up to five (5) text messages per scheduled appointment, which typically include:

• Scheduling notification;

• Appointment confirmation;

• Pre-visit forms link (if needed);

• Appointment reminder; and

• Post-visit follow-up message.

You may also receive periodic exercise-adherence and home-exercise-program reminders between appointments. Actual message frequency may vary depending on the nature and frequency of your scheduled care.

Message and data rates may apply. Your mobile carrier’s standard messaging and data rates will apply to all text messages sent and received through this SMS Program. HOPCo Digital Clinic is not responsible for any charges imposed by your carrier.

4. Opt-Out Instructions; HELP

Opt-Out. You may opt out of the SMS Program at any time by:

(a) Replying STOP to any message received from us (you will receive a one-time confirmation message acknowledging your opt-out);

(b) Emailing privacy@hopco.com with the subject line “SMS Opt-Out” and including the mobile number you wish to unenroll; or

Upon receipt of your STOP request, we will send a single confirmatory message and no further messages will be sent to the opted-out number unless you re-enroll.

HELP. For assistance, reply HELP to any message, email privacy@hopco.com, or call (855) 483-3238.

5. Carrier Disclaimer

Text messages are transmitted through wireless carrier networks. Carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission by your wireless carrier and network availability. Supported carriers may vary, and HOPCo Digital Clinic makes no guarantee that the SMS Program will be available on all wireless networks or devices.

6. HIPAA Safeguards for SMS Communications

Because standard SMS/MMS messages traverse carrier networks that may not provide end-to-end encryption, HOPCo Digital Clinic applies the following safeguards to minimize the exposure of Protected Health Information (“PHI”) transmitted via text message:

(a) Minimum Necessary Information. Text messages will include only the minimum information necessary to achieve their purpose, typically limited to your first name, appointment date and time, and general reminder language. Messages will not contain clinical details, diagnoses, treatment plans, or other detailed PHI.

(b) Encryption in Transit. Messages are transmitted between HOPCo Digital Clinic and its messaging service providers over TLS 1.2-encrypted channels, and stored at rest with AES-256 encryption. Our messaging providers maintain ISO 27001 certification.

(c) Business Associate Agreements. Where required by HIPAA, our third-party messaging service providers are bound by Business Associate Agreements (“BAAs”) that require them to safeguard PHI in accordance with HIPAA and HITECH requirements.

(d) Secure Portal for Detailed PHI. Any care-related PHI beyond minimal appointment identifiers (e.g., exercise instructions, clinical notes, treatment details) is accessible only through the secure patient portal, which provides authenticated, encrypted access. You should not rely on SMS as a channel for receiving or transmitting detailed health information.

7. No Marketing Use; No Sharing of Opt-In Data

We do not use your SMS opt-in or consent data for marketing or promotional purposes. No mobile opt-in data (including your consent and mobile number provided for the SMS Program) will be shared with third parties or affiliates for marketing or promotional purposes. All categories of data collected through the SMS Program exclude text-messaging originator opt-in data and consent; this information will not be shared with any third parties. This commitment is consistent with, and does not limit, the obligations set forth in our Privacy Notice.

8. Applicable Legal Framework

This SMS Program operates under the regulatory framework of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and the CTIA Messaging Principles and Best Practices.

If HOPCo Digital Clinic were to offer promotional or marketing text messages in the future, such messages would:

(a) Require separate, additional prior express written consent distinct from the consent provided under these SMS Terms;

(b) Clearly identify themselves as promotional in nature; and

No promotional or marketing text messages are sent under the current SMS Program.

9. Emergency Communications Disclaimer

THE SMS PROGRAM IS NOT A CHANNEL FOR EMERGENCY COMMUNICATIONS. DO NOT USE TEXT MESSAGING TO REPORT OR SEEK HELP FOR ANY MEDICAL EMERGENCY. IF YOU EXPERIENCE ANY MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.

Text messages may be delayed or undelivered due to network conditions, carrier issues, or device settings. You should never rely on text messages for time-sensitive or urgent medical communications.

10. Incorporation by Reference

These SMS Terms are incorporated into, and form a part of, the Agreement (comprising the Terms & Conditions and Privacy Notice). By enrolling in the SMS Program, you acknowledge and agree that:

(a) The Terms & Conditions, including, without limitation, the binding individual arbitration and class-action/collective-action waiver provisions, the limitation of liability, the governing law (State of Arizona, without regard to conflicts-of-law principles), and the exclusive forum selection (state and federal courts in Maricopa County, Arizona), apply to any claim or dispute arising out of or relating to the SMS Program;

(b) The Privacy Notice governs the collection, use, disclosure, and protection of personal information and PHI in connection with the SMS Program; and

(c) In the event of any conflict between these SMS Terms and the Terms or Privacy Notice, these SMS Terms shall control solely with respect to text-messaging-specific matters; the Terms and Privacy Notice shall control in all other respects.

These SMS Terms do not restate the full provisions of the Terms or Privacy Notice. You are encouraged to review the Terms and Privacy Notice in their entirety at www.hopcodigitalclinic.com.

11. Age and Eligibility

To enroll in and consent to the SMS Program, you must be at least eighteen (18) years of age (or the age of majority in your jurisdiction). By opting in, you represent and warrant that you meet this age requirement and that you are the account holder or authorized user of the mobile telephone number provided.

12. Changes to These SMS Terms

HOPCo Digital Clinic reserves the right to modify these SMS Terms at any time. If we make material changes, we will notify you by posting updated SMS Terms on the Platform and, where practicable, by sending a text message to your enrolled number advising you of the update. Your continued participation in the SMS Program after any such modification constitutes your acceptance of the revised SMS Terms. If you do not agree to the revised terms, you may opt out at any time as described in Section 4.

13. Contact Information

If you have questions about the SMS Program or these SMS Terms, you may contact us at:

HOPCo Digital Clinic

Email: privacy@hopco.com

Phone: (855) 483-3238