Terms of Service

Plain-Language Summary

This summary is provided for your convenience and does not replace the full Terms below.

• What this is. Happy Heart Care Services, LLC d/b/a Happy Hearts offers a digital heart health program, including a mobile app and a blood pressure monitor, as part of the CMS ACCESS Model, a federal payment model test.
• Cost to you. The Services are provided at no cost to you.
• Your Medicare rights are not affected. You keep all of your Medicare benefits, rights, and coverage. You may continue to see any Medicare provider. You may access all Medicare appeals and grievance procedures.
• How to disenroll. You may stop using the app at any time. Your ACCESS alignment with Happy Hearts may be ended or switched in accordance with CMS ACCESS Model rules. Generally, beginning 90 days after your initial ACCESS alignment date, you may request to end your alignment with Happy Hearts by contacting Happy Hearts at 1-833-633-8881 or by aligning with another ACCESS participant for the same clinical track.
• Your information. We protect your health information under HIPAA and applicable law. We will not condition your participation on agreeing to uses of your information beyond what is needed for your treatment, payment, or health care operations.
• Disputes. Most disputes will be resolved through arbitration, but your Medicare appeal and grievance rights are fully preserved.

These Terms of Service (“Terms”) govern your use of the Happy Hearts mobile application, connected devices (including the Happy Hearts blood pressure monitor), and related services (collectively, the “Services”) provided by Happy Heart Care Services, LLC. (“Happy Hearts,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms.

1. Eligibility and Account Registration

1.1. You must be at least 18 years of age to use the Services.

1.2. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate.

1.3. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

1.4. Your eligibility to use the Services may depend on your enrollment in a participating health plan, employer-sponsored program, or government health program. We reserve the right to verify your eligibility at any time.

2. Description of Services

2.1. Happy Hearts provides a digital heart health platform that includes: (a) a mobile application for tracking and managing heart health; (b) an FDA-cleared Bluetooth-enabled blood pressure monitor; and (c) AI-powered health insights, blood pressure spike alerts, heart health risk alerts, wellness tips, and goals.

3. CMS ACCESS Model Participation

Notice Regarding Participation in a CMS Payment Model

The services offered by Happy Hearts are provided as part of a new federal payment model test being conducted by the Centers for Medicare & Medicaid Services (CMS), known as the Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) Model. By proceeding, you acknowledge that you have been informed of the following:

3.1. Data Sharing. In connection with ACCESS, Happy Hearts may share your health information with CMS. CMS may also access or request your health information, including through Health Information Exchanges (HIEs) or other sources, in connection with the program’s evaluation. Any such sharing is subject to applicable federal privacy and security protections.

3.2. Control Group Assignment. You may be randomly assigned to a control group and be ineligible to enroll in ACCESS with any participating health care provider for 12 months, unless otherwise stated by CMS. Assignment to the control group will not otherwise affect your Medicare benefits, rights, or coverage.

3.3. Preservation of Medicare Rights. Nothing in these Terms limits, modifies, or waives any rights you have under Medicare, including your right to seek care from any Medicare provider, to access Medicare appeals and grievance procedures, and to retain all existing Medicare benefits and coverage. Your participation in the Services is voluntary and does not affect your Medicare benefits in any way.

3.4. ACCESS Alignment Consent. By proceeding with ACCESS enrollment and using the Services for ACCESS care, you agree to align with Happy Hearts for the applicable ACCESS clinical track and Care Period, subject to CMS ACCESS Model rules. You understand and agree that:

• your participation in the ACCESS Model is voluntary;
• only one ACCESS participant may concurrently provide ACCESS services to you for the same clinical track;
• generally, beginning 90 days after your initial ACCESS alignment date, you may request to end your alignment with Happy Hearts or align with another participating ACCESS provider for the same clinical track;
• if Happy Hearts has elected to waive ACCESS beneficiary cost-sharing, the ACCESS Services are provided at no cost to you; if CMS requires or Happy Hearts adopts any different cost-sharing policy in the future, Happy Hearts will disclose the expected ACCESS cost-sharing amount before furnishing ACCESS Services subject to that cost-sharing; and
• if Happy Hearts requests CMS beneficiary-identifiable claims data for ACCESS care coordination, quality improvement, or health care operations, your Medicare claims data may be shared with Happy Hearts subject to applicable privacy and security protections, including HIPAA.

3.5. Consent to Share Care Updates with Your Care Team. As part of ACCESS care coordination, Happy Hearts may ask you to identify or confirm your primary care provider, referring clinician, or other clinicians involved in care for your ACCESS qualifying condition. By proceeding, you consent to Happy Hearts proactively sharing ACCESS Care Updates with your identified care team using secure, HIPAA-compliant methods. You may decline this consent, and Happy Hearts will document your choice in your record.

3.6. Program Participation Requirements. By participating in the Happy Hearts program, you agree to cooperate with the following program requirements, which are necessary for Happy Hearts to remain in compliance with the CMS ACCESS Model:

(a) Baseline Data. Within 60 days of your alignment date, you must complete all required baseline health assessments, which may include providing not less than three (3) blood pressure readings using the Happy Hearts blood pressure monitor, self-reporting your weight and height, completing behavioral health questionnaires (PHQ-9 and/or GAD-7), and/or obtaining any required laboratory work (such as cholesterol, HbA1c, or kidney function tests) from your doctor or an authorized laboratory, depending on the track(s) you select. Happy Hearts will inform you which assessments apply to your clinical track(s).

(b) Ongoing Assessments. After your baseline is complete, you must complete follow-up health assessments at the intervals required by the program, which may include quarterly blood pressure readings, weight measurements, and behavioral health questionnaires. Happy Hearts will notify you when each assessment is due.

(c) Consequences of Non-Completion. If you do not complete the required baseline or follow-up assessments within the timeframes described above, CMS may require Happy Hearts to end your participation in the ACCESS Model. If your participation ends for this reason, Happy Hearts reserves the right to request the return of any equipment provided to you, including the blood pressure monitor, and to remove your access to the Happy Hearts app.

4. Privacy and Data Use

4.1. Your use of the Services is subject to our HIPAA Notice of Privacy Practices, available at happyheartcareservices.com/hipaa-notice, which describes how we collect, use, disclose, and protect your personal and health information.

4.2. Happy Hearts complies with applicable federal and state privacy and security laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), in connection with the collection, use, and disclosure of your health information.

4.3. Exchange of Information with Your Health Care Providers. Happy Hearts may request, obtain, use, and disclose your health information from or to your current and former health care providers, laboratories, pharmacies, health information exchanges, and other health care entities as permitted by applicable law for treatment, payment, health care operations, care coordination, and administration of the ACCESS Model. This may include requesting and receiving medical records, laboratory results, medication information, diagnostic reports, and other information relevant to your care through secure electronic exchange, Direct Secure Messaging, electronic fax, health information exchanges, provider portals, or other lawful secure methods.

4.4. Your health information is stored in the United States and will not be transferred outside of the United States.

4.5. By using the Services, you consent to the collection, use, and sharing of your information for purposes related to your treatment, payment, and health care operations as described in these Terms and our HIPAA Notice of Privacy Practices. To the extent any use or disclosure of your protected health information is not related to your treatment, payment, or health care operations, Happy Hearts will seek your separate, voluntary authorization. Such authorization is not a condition of receiving ACCESS services or any other services provided by Happy Hearts.

4.6. Claims Data Sharing Preferences. If you wish to modify your preferences regarding Medicare claims-data sharing for care coordination and quality improvement purposes, you may call 1-800-MEDICARE. Even if you decline claims-data sharing, CMS may still engage in certain limited data sharing for ACCESS care coordination, quality improvement, and population-based activities related to improving health or reducing health care costs.

5. Intellectual Property

5.1. All content, software, algorithms, designs, trademarks, and other intellectual property associated with the Services are owned by or licensed to Happy Hearts and are protected by applicable intellectual property laws.

5.2. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use in accordance with these Terms.

5.3. You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of any software associated with the Services.

6. User Responsibilities

6.1. You agree to use the Services only for lawful purposes and in accordance with these Terms.

6.2. You are responsible for ensuring that any health data you enter into the Services is accurate and complete. Happy Hearts is not responsible for errors or omissions in data you provide.

6.3. You agree not to: (a) use the Services to transmit harmful, unlawful, or objectionable content; (b) interfere with or disrupt the Services or servers connected to the Services; or (c) attempt to gain unauthorized access to any part of the Services.

7. Medical Disclaimer

7.1. The Services are intended to support technology-enabled care furnished by Happy Hearts under the CMS ACCESS Model. The Services are not emergency care and do not replace your right to seek care from your primary care provider, specialists, urgent care, emergency services, or any other Medicare provider.

7.2. The AI-powered features, including health insights and risk alerts, are intended to support care and education. They do not independently diagnose, treat, or replace clinician judgment. You should not rely on these features as a basis for making medical decisions without consulting a qualified health care provider. Happy Hearts may use these tools as part of clinician-guided care, consistent with applicable law and the ACCESS Care Delivery Plan.

7.3. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

8. Connected Devices

8.1. The Happy Hearts blood pressure monitor is an FDA-cleared medical device intended for use in accordance with its accompanying instructions for use. You agree to use the device as directed.

8.2. Happy Hearts is not responsible for inaccurate readings resulting from improper use of the device.

8.3. Happy Hearts will not require you to purchase, rent, or otherwise obtain any clinical item at your own expense as a condition of ACCESS alignment or receipt of ACCESS Model Activities. Happy Hearts may require general technology prerequisites reasonably necessary to access technology-enabled services, such as access to a mobile phone, tablet, or computer; internet access; a valid email address or phone number; and installation or use of the Happy Hearts software application or web portal.

9. Term and Termination

9.1. These Terms remain in effect for so long as you use the Services or maintain an account.

9.2. You may stop using the app at any time. Your ACCESS alignment with Happy Hearts may be ended or switched in accordance with CMS ACCESS Model rules. Generally, beginning 90 days after your initial ACCESS alignment date, you may request to end your alignment with Happy Hearts by contacting Happy Hearts at 1-833-633-8881 or by aligning with another ACCESS participant for the same clinical track.

9.3. Happy Hearts may suspend or terminate your access to the Services only under the following circumstances, consistent with applicable CMS ACCESS Model requirements: (a) you relocate outside of Happy Hearts’ service area; (b) Happy Hearts is unable to contact you despite documented good-faith efforts; (c) you become ineligible for the ACCESS Model or for Medicare; or (d) as otherwise permitted by CMS. In the event of any termination initiated by Happy Hearts, Happy Hearts will provide you with advance notice and will make reasonable efforts to refer you to suitable health care providers to support continuity of care.

9.4. Upon termination, your right to use the Services will cease. Sections 5, 10, 11, 12, and 13 will survive termination.

10. Limitation of Liability

10.1. To the maximum extent permitted by applicable law, Happy Hearts, its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Services.

10.2. Happy Hearts’ total aggregate liability arising out of or relating to these Terms or the Services will not exceed $1,000 per beneficiary. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if Happy Hearts has been advised of the possibility of such damages. Nothing in these Terms excludes or limits Happy Hearts’ liability for (a) death or personal injury caused by Happy Hearts’ gross negligence or willful misconduct, or (b) fraud or fraudulent misrepresentation.

11. Indemnification

You agree to indemnify, defend, and hold harmless Happy Hearts, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of any applicable law or regulation.

Nothing in these Terms requires you to indemnify Happy Hearts for exercising Medicare rights, filing a complaint, grievance, appeal, or request for review, requesting medical records, reporting a concern, or otherwise exercising rights under applicable law.

12. Dispute Resolution

12.1. These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

12.2. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in San Mateo County, California.

12.3. You agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.

12.4. Medicare Rights Preserved. Notwithstanding the foregoing, nothing in this Section 12 limits, restricts, or waives your right to pursue any Medicare administrative appeal, grievance, complaint, or other remedy available to you under the Medicare program, including through CMS, a Quality Improvement Organization, or any other applicable Medicare administrative body. Any dispute that falls within the scope of Medicare administrative appeals or grievance procedures is excluded from the arbitration requirement in Section 12.2. Arbitration is not required for the rights, remedies, complaints, appeals, grievances, reports, or other matters described in this Section (12.4).

13. General Provisions

13.1. Entire Agreement. These Terms, together with the HIPAA Notice of Privacy Practices and any other documents incorporated by reference, constitute the entire agreement between you and Happy Hearts regarding the Services.

13.2. Amendments. Happy Hearts may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the application or by other reasonable means. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

13.3. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.4. Assignment. You may not assign or transfer these Terms or your rights under them without Happy Hearts’ prior written consent. Happy Hearts may assign these Terms without restriction.

13.5. Waiver. The failure of Happy Hearts to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.6. Contact. If you have questions about these Terms, please contact us at:

14. Accessibility

Happy Hearts is committed to making the Services accessible. If you need assistance or have questions about accessibility, please contact us at 1-833-633-8881.