Legal

Last Updated: February 17, 2025

Overview and Purpose

This BATWatch™ Terms of Service (“Terms”) governs your participation in the BATWatch Program, (“BATWatch”) a cognitive health monitoring and intervention program operated by Silver House Healthcare, LLC (“Silver House”).

These Terms outline the overall structure and participation requirements for BATWatch. Specific services and their terms are covered under separate documents, which are incorporated by reference into these Terms.

Incorporated Terms and Related Documents

Your participation in BATWatch is governed by multiple documents that together form your agreement with Silver House. By enrolling, you agree to all of the following, each of which applies to specific aspects of your participation:

Enrollment Process Terms: Covers the patient enrollment procedure, including initial telehealth consultation and in-person visit requirements.

BAT Testing Terms of Service: Governs all biomarker testing, including results interpretation and risk assessments.

BAT Pill Protocol (BPP) Terms of Service: Outlines the treatment protocols, including off-label use disclosures.

Telehealth Services Terms of Service: Governs virtual consultations and remote patient care.

Disclaimers and Limitation of Liability: Comprehensive risk disclosures for all program components.

Patient Financial Terms: Covers billing policies, insurance coverage, and out-of-pocket costs.

HIPAA Notice of Privacy Practices: Describes how Silver House protects and uses your health information.

Dispute Resolution and Arbitration Terms: Defines how disputes related to your participation will be resolved.

In the event of a conflict between this document and any specific service terms, the specific service terms will govern for that service.

Program Participation Requirements

Eligibility Requirements:

Age Requirement: Participants must be at least 18 years old.

Residency Requirement: Enrollment is limited to residents in states where Silver House is licensed.

Provider-Approved Enrollment: Participation requires review and approval by a licensed Silver House healthcare provider.

Participation Scope:

Enrollment in BATWatch provides access to:

Cognitive risk assessments through biomarker and mechanism-based testing (as detailed in the BAT Testing Terms).

Targeted interventions, such as the BAT Pill Protocol, if clinically indicated.

Telehealth consultations for risk assessments, results reviews, and treatment follow-ups.

Relationship with Silver House and Healthcare Providers

4.1 Program Status: BATWatch is a structured program operated by Silver House and is not a standalone healthcare provider. All healthcare services are delivered exclusively through Silver House providers.

4.2 Provider Responsibility: Only Silver House’s licensed providers deliver medical services, including assessments, testing orders, and treatment recommendations.

4.3 Technology Disclaimer: Digital tools (e.g., patient portals) are provided to support your participation but do not constitute independent medical services.

Key Requirements for Participation

Patient-Provider Relationship:

The patient-provider relationship is established during the initial telehealth consultation. This visit is conducted by a licensed Silver House provider, meeting all regulatory requirements for telehealth services.

An in-person visit is subsequently required to activate insurance eligibility for telehealth services and is provided at no cost to the patient.

Telehealth and In-Person Visits:

The in-person visit may take place at a Silver House office, the patient’s home, or a designated pop-up clinic.

The purpose of the in-person visit is solely to fulfill regulatory requirements for continued telehealth coverage and does not replace ongoing telehealth consultations for cognitive health management.

Consent, Compliance, and Termination

Consent to Program Terms: Participation in BATWatch is voluntary. By enrolling, you confirm that you have reviewed and accepted all program-related terms, including:

Off-label use disclosures (as detailed in the BPP Terms).

Testing accuracy and limitations (as detailed in the BAT Testing Terms).

Risk disclosures (as detailed in the Disclaimers and Limitation of Liability document).

Compliance Requirements: You agree to:

Adhere to the testing and follow-up schedules provided by your Silver House provider.

Provide accurate health information and maintain open communication regarding your health status.

Attend all required telehealth and in-person visits necessary for program participation.

Voluntary Withdrawal: You may withdraw from BATWatch at any time by providing written notice to Silver House. Withdrawal from the program may terminate access to follow-up services such as BPP or annual BAT Testing.

Provider-Initiated Termination: Silver House may terminate your participation for reasons including, but not limited to:

Failure to comply with program protocols or attendance requirements.

Medical determinations that continued participation poses a health risk.

Regulatory changes affecting program operations.

Indemnification and Liability Provisions

Indemnification: By participating in BATWatch, You, and on behalf of your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on your behalf, (“Releasing Parties”) agree to indemnify, defend, and hold harmless Silver House, its directors, officers, employees, agents, contractors, parents, predecessors, subsidiaries or affiliate companies, licensees, partners, board members, and representatives of any of the foregoing, (“Released Parties”) from any claims, actions, or liabilities arising out of your participation in BATWatch. This includes, but is not limited to, medical complications, adverse reactions, or any legal claims resulting from your use of testing and treatments. You assume full responsibility for any costs, losses, or damages incurred in connection with your participation.

Limitation of Liability: Limitations of liability for all services under BATWatch are detailed in the Disclaimers and Limitation of Liability document.

Force Majeure: Silver House is not liable for delays or failures in program delivery due to circumstances beyond its reasonable control, including natural disasters, regulatory changes, or third-party service interruptions.

Dispute Resolution and Governing Law

8.1 Arbitration Agreement: Disputes related to your participation in BATWatch will be resolved according to the procedures outlined in the Dispute Resolution and Arbitration Terms.

8.2 Governing Law: These Terms are governed by the laws of the state where Silver House is headquartered.

8.3 Priority of Arbitration Terms: In the event of a conflict between these Terms and the Dispute Resolution and Arbitration Terms, the arbitration terms will control.

Program Changes and Amendments

9.1 Right to Update Terms: Silver House reserves the right to modify these Terms and any related documents as needed to comply with changes in medical research, regulations, or best practices.

9.2 Notice of Changes: Material changes will be communicated via email or through the BATWatch patient portal. Continued participation after notice constitutes acceptance of the updated terms.

Affirmative Consent

By participating in the BATWatch™ Program, you affirmatively agree to all the terms outlined herein and confirm that you have reviewed and accepted the separate incorporated terms that collectively govern your participation.