Terms of Use

Last Modified: November 5, 2026

Terms of Use

Privacy Policy

Notice of Privacy Practices

Swing Care and Medical Practices Disclaimer

Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of XR Health, Inc. d/b/a Swing Care MSO (“Swing Care,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:

  • Swing.care (our “Website”);
  • Stanza (our “App”);
  • Any products (“Products”) available for purchase through our Website, App, or Devices; and
  • The services (“Services”) made available through our Website, App, or Devices.

Our Website, our App, our Products, and the non-medical business support services we provide are collectively referred to as our “Platform.”

Swing Care contracts with Swing Care Provider Group, P.C. (“Medical Group”), which is an independent medical group with a network of United States based health care providers (each, a “Provider”) to provide online telehealth clinical consultations, services, and/or treatment. The professional medical services provided by Medical Group through the use of our Platform are collectively referred to in these Terms of Use as the “Services.” 

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, our Privacy Policy, and the Notice of Privacy Practices provided to you by Medical Group. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THIS WEBSITE.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Binding Arbitration. These Terms of Use provide that all disputes between you and Swing Care that in any way relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Swing Care.

  1. Services Provided – No Medical Care or Advice

Swing Care is not a medical group and does not provide medical advice, care, and/or treatment. Swing Care provides administrative and management services to independent, physician-owned and operated, medical practices. Any telemedicine consults obtained through our Platform are provided by Providers, including but not limited to Medical Group. Swing Care licenses the “Swing Care” brand name to Medical Group and other affiliated medical practices that use our Platform to assist in the provision of Services. Each Swing Care-branded practice is owned and operated by a licensed physician. There is no single provider of medical care called “Swing Care.” Each Swing Care-branded practice engages a network of United States based clinicians who provide clinical telehealth services. The Providers deliver clinical services via the Platform to their patients. Swing Care does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers they employ. Services and practices may vary across Providers, and patients should contact the Providers at Medical Group directly for all questions concerning their medical care.

  1. Not For Emergencies

Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. IF YOU BELIEVE YOU ARE EXPERIENCING AN EMERGENCY, CALL 9-1-1 IMMEDIATELY. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS OR HAVING THOUGHTS OF SUICIDE OR SELF-HARM, CALL OR TEXT 988 (THE SUICIDE AND CRISIS LIFELINE) OR CALL 9-1-1 IMMEDIATELY.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

  1. Risk of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

  1. Privacy Practices

You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use. You also agree that information provided by you in connection with the Services shall also be governed by the applicable Medical Group Notice of Privacy Practices, which is hereby incorporated and made part of these Terms of Use. 

  1. Prescription Policy

Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.

  1. Not an Insurance Product

We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately. 

  1. Ownership of the Platform

The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, which are owned by Swing Care, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”). 

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the Platform or received through the Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform. 

You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Swing Care without our express written consent. 

You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business or otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploit the Platform for any commercial purpose without express written consent of Swing Care.  

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Swing Care. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. Availability of Services

Swing Care operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.

  1. Access to Platform, Security, and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. 

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform. 

Violations of system or network security may result in civil or criminal liability. Swing Care will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform. 

In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Swing Care at any time with or without cause. You agree to defend, indemnify, and hold Swing Care harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Swing Care arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password. This indemnity is in addition to, and does not limit, the indemnification obligations set forth in the Indemnification section below.

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Swing Care and Medical Group that you have the legal right and authorization to provide all User Information to Swing Care and Medical Group for use as set forth herein and required by Swing Care and the Medical Group Provider. 

Swing Care or Medical Group may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Swing Care or Medical Group may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

  1. No Users Under 18 Years Old

In order to access the Platform and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us.

  1. Your Account

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.  Doing so will compromise the security of your account.

  1. Accuracy and Integrity of Information; Colors

Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Swing Care shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.

We have made significant efforts to accurately display the colors of our products that appear on the Platform. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

  1. Typographical Errors and Incorrect Pricing

In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any orders placed for a Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

  1. Orders and Purchases

Online Payments

You can purchase Products or pay for Services on the Platform. To simplify the user experience on the Platform, you are able to pay for your purchases via the Platform with Swing Care serving as payment processing agent on your behalf. If you elect to purchase a Service from Medical Group, then the total price you pay includes the amount charged by Medical Group for the Service. We collect the amounts charged by Medical Group on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see an itemized invoice listing the actual charges by Medical Group for the Services.

  1. Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, and the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting an order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

  1. Return Policy

You may return Products purchased on the Platform in accordance with our Return Policy.

  1. Links to Other Sites

We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Swing Care website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Swing Care website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk. Additional terms applicable to third-party services and websites accessible through the Platform, including social media sites, are set forth in the External Services section below.

  1. Consent to Receive Calls, Text Messages, and Audio and/or Video Recording

By providing your mobile number, you are agreeing to be contacted by or on behalf of Swing Care at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages, text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services. We use third-party service providers to deliver these calls and messages on our behalf.

Swing Care or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”). Recordings of telehealth visits and other clinical encounters form part of your medical record and are used and disclosed in accordance with our Notice of Privacy Practices and applicable law. Recordings of non-clinical interactions, such as calls with our support team, are used for quality assurance and training purposes, to better deliver our products and services, and to help us improve the Platform. We will keep Recordings confidential and will not publicly display them unless legally required to do so, such as pursuant to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

  1. CAN-SPAM Act and Telephone Consumer Protection Act Compliance

Swing Care, Medical Group, and your Provider are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in the above section, Consent to Receive Calls, Text Messages, and Audio and/or Video Recording. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please Contact Us.

  1. Electronic Communications

When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Swing Care, Medical Group, and your Provider may contact you by telephone, mail, or e-mail to verify your information. Swing Care, Medical Group, and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.

  1. External Services

The Platform may enable access to Swing Care’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Swing Care or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Swing Care or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your location, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

  1. Supplemental Terms Applicable to Providers

These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare provider using the Platform (for purposes of this Section, “Provider” or “you”), you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by the Medical Group, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Swing Care users (including, but not limited to, your Medical Group patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Swing Care. Swing Care does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and Swing Care are each responsible for all billings and collections from patients and other consumers, and Swing Care shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

We do not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Platform in determining Provider’s compliance obligations under the law. Provider and Swing Care agree that Swing Care is not providing to customers, patients, or anyone else, medical advice, or legal advice. THE PLATFORM IS NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.

Provider will use the Platform only in accordance with applicable standards of good medical practice. While software products such as the Platform can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship, can affect a patient’s outcome, and with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider will advise patients, when reasonably necessary, that Services provided through the Platform may not be a complete or adequate substitute for in-person assessments by the Provider. Provider shall be solely responsible for its use of the Platform and the provision of medical services to Provider’s patients. In this regard, Provider releases Swing Care and waives any and all potential claims against Swing Care as a result of Provider’s use of the Platform and the provision of Services to Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify, and hold Swing Care harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Swing Care, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Platform. To the extent applicable, Provider will obtain Swing Care’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Swing Care or defect in the Platform. Swing Care will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Platform (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mails, telephone calls, mailings, or any other method of communication. You represent and warrant to Swing Care that you have the legal right, and authorization to upload all Provider Content to the Platform. Swing Care shall have a royalty-free, irrevocable, transferable right, and license to use the Provider Content however Swing Care desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. Swing Care is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content. 

Swing Care does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You grant Swing Care the right to use the name that you submit in connection with any Provider Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Platform or provide to patients or other consumers. Swing Care and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

  1. No Third Party Rights

Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, Swing Care, Medical Group, and their affiliates. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Swing Care, Medical Group, and their affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Swing Care, Medical Group, and their affiliates. The Platform is only provided for your benefit and may not be relied on by any third party.

  1. Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Platform, including Products and Services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. 

You and Swing Care and its subsidiaries and affiliates agree that you are giving up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the Platform, including any purchase of products or services through the Platform, will be resolved exclusively and finally by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Section 24 (the JAMS Rules are available at https://jamsadr.com/rules-comprehensive-arbitration/). You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this Section 24. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid.

The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you seek arbitration or elect to file a small claims court action, you must first send Swing Care, by certified mail, a written notice of your claim (a “Notice”) to the address set forth below. The Notice to Swing Care should be addressed to: XR Health, Inc. d/b/a Swing Care MSO, Attn: LEGAL NOTICE, 300 1st Avenue, Suite 103, Needham, MA 02494 (“Notice Address”). If Swing Care initiates the arbitration, it will send such Notice to you at your address on file. A Notice, whether sent by you or Swing Care, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and Swing Care do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Swing Care may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. If we are unable to resolve the claim within 30 days after the Notice is received, you may commence arbitration with JAMS at https://www.jamsadr.com/submit. If you are required to pay a filing fee, after Swing Care receives the notice at the Notice Address that you have commenced arbitration, Swing Care will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for the filing fees.

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Swing Care’s last written settlement offer made before an arbitrator was selected (or if Swing Care did not make a settlement offer before an arbitrator was selected), then Swing Care will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. You agree to an arbitration on an individual basis. In any dispute, neither you nor Swing Care will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.

The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth in Section 30.

Special Procedures for Mass Arbitration

In the event of a Mass Arbitration (defined below), the JAMS Mass Arbitration Procedures and Guidelines then in effect shall also apply to the arbitration and be considered part of the JAMS Rules. In the event of any conflict or inconsistency between the applicable JAMS Comprehensive Arbitration Rules and the applicable JAMS Mass Arbitration Procedures and Guidelines, the JAMS Mass Arbitration Procedures and Guidelines shall control the arbitration. For the purposes of this Section 24, the term “Mass Arbitration” means seventy-five or more similar arbitration demands that: (a) are filed against Swing Care by or on behalf of individual claimants; (b) are filed by the same counsel or coordinated counsel; and (c) arise from substantially similar facts, circumstances, or legal theories.

In the event of a Mass Arbitration, prior to the filing of any arbitration demand, each claimant must individually comply with the Notice and informal resolution requirements of this Section 24. Each claimant must submit an individualized Notice, signed by the claimant (and not solely by counsel on the claimant’s behalf), that includes facts specific to that claimant’s claim. The informal resolution period for Mass Arbitration claims shall be extended to sixty (60) days from receipt of the Notice. Swing Care will engage in a good-faith individualized settlement conference (by telephone or video) with each claimant during this period. In the event of a Mass Arbitration, the parties agree that JAMS shall appoint a Process Arbitrator in accordance with the JAMS Mass Arbitration Procedures and Guidelines to oversee the coordination and management of the Mass Arbitration, including but not limited to the selection of Bellwether Cases (as defined below), the staging and sequencing of demands, and the resolution of procedural disputes.

If a Mass Arbitration is commenced, the parties shall participate in a bellwether process administered in accordance with the JAMS Mass Arbitration Procedures and Guidelines. The Process Arbitrator, in consultation with the parties, shall select up to 15 individual claims as bellwether cases (“Bellwether Cases”) designed to be representative of the types of claims in the Mass Arbitration. All other demands that are part of the Mass Arbitration shall be stayed and held in abeyance pending resolution of the Bellwether Cases. No filing fees, administrative fees, or arbitrator compensation shall be due or payable with respect to stayed demands until such demands are removed from the stay and proceed to active arbitration.

Within thirty (30) days after the final Bellwether Case award is issued, the parties shall participate in a global mediation of all remaining stayed demands, conducted by a JAMS mediator. The mediation shall be administered in accordance with the JAMS Mass Arbitration Procedures and Guidelines. If the global mediation does not resolve all remaining claims, the stayed demands shall proceed to arbitration in sequential batches of no more than 50 claims at a time, as determined by the Process Arbitrator, unless the parties agree otherwise.

In the event of a Mass Arbitration, the allocation and payment of filing fees, administrative fees, and arbitrator compensation shall be governed by the JAMS Mass Arbitration Fee Schedule then in effect, except that Swing Care shall pay only those fees attributable to Bellwether Cases during the bellwether phase, and fees for stayed demands shall be deferred until such demands are removed from the stay and proceed to active arbitration. For the avoidance of doubt, claims filed as part of a Mass Arbitration remain individual arbitrations. Nothing in this Section 24 shall be construed to permit class arbitration, consolidation, or representative proceedings. The class arbitration waiver set forth in this Section 24 applies fully to Mass Arbitrations. If any portion of these Special Procedures for Mass Arbitration set forth in this Section 24 is found to be unenforceable by a court of competent jurisdiction, the remaining provisions of this Section 24, including the requirement for individual arbitration and the class arbitration waiver, shall remain in full force and effect. The parties agree that severability of the Mass Arbitration procedures is independent of the severability of the class arbitration waiver.

  1. Indemnification

You agree to defend, indemnify, and hold Swing Care and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys’ fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Products, Services, or any information posted on the Platform; (ii) your breach of these Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Swing Care, Medical Group, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Products, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

  1. Disclaimer of Warranties

SWING CARE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SWING CARE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM. 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. SWING CARE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. 

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY SWING CARE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability Regarding Use of Platform and Services

SWING CARE AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF SWING CARE TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Force Majeure

We will not be deemed to be in breach of these Terms of Use, or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the  Following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms of Use; (f) national or regional emergency; and (g) other events beyond the reasonable control of Swing Care. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Swing Care shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

  1. Copyright & Trademark Information

Copyright ©2026 XR Health, Inc. d/b/a Swing Care MSO All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

  1. Revisions; General

Swing Care reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Solely in the event that the arbitration set forth in Section 24 is not available or is determined by a court of adequate jurisdiction to be unenforceable, or you and Swing Care mutually agree to litigate instead of arbitrate, any legal suit, action or proceeding arising out of or related to these Terms of Use or the Platform shall be instituted exclusively in the federal or state courts located in the State of Delaware. These Terms of Use constitute the entire agreement between Swing Care and you pertaining to the subject matter hereof. This provision does not apply to, and nothing in these Terms of Use supersedes, any treatment consent, patient agreement, notice of privacy practices, or other clinical documentation governing the care you receive from Medical Group or a Provider. In its sole discretion, Swing Care may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

  1. Contact Us

XR Health, Inc. d/b/a Swing Care MSO

300 1st Avenue, Suite 103 Needham, MA 02494

Telephone: 1-866-794-6440

privacy@xr.health