Terms of Service

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. Acceptance of These Terms

Welcome to Kinstead. This website and related services are operated by Kinstead, Inc. (“Kinstead,” “we,” or “us”). Kinstead offers this website (the “Site”) and the business services described below, together with any information, tools, or services delivered through the Site or related communications (collectively, the “Services”), subject to your acceptance of all terms, conditions, policies, and notices stated herein.

These Terms of Service (the “Terms”) constitute a binding agreement between you (“you” or “user”) and Kinstead, Inc. By accessing the Site, creating an account, enrolling in Business Services, or otherwise using the Services in any manner, you agree to be bound by these Terms, on your own behalf and on behalf of any business entity you represent (and you represent that you have authority to bind that entity). If you do not agree to all of these Terms, you may not access or use the Services. These Terms incorporate our Privacy Policy, which can be found at www.kinsteadhealth.com/privacy-policy, and any pricing schedule, enrollment form, order form, or fee terms you accept in connection with the Services (collectively, “Enrollment Terms”). If Enrollment Terms conflict with these Terms, the Enrollment Terms control for the services they cover.

IMPORTANT NOTICE: Please read these Terms carefully. They contain important information about the Services provided to you, fees and billing practices, limitations of liability, and dispute resolution procedures, including binding arbitration and a class action waiver.

2. Who We Are

Kinstead, Inc. is a management and business services company. We provide administrative, technology, and practice support services to licensed clinicians and the business entities they own or control (each, a “Provider”). Kinstead, Inc. also provides management and business services to Kinstead Provider Group, P.A. (“Provider Group”), an independent professional entity, under a separate management services arrangement. Kinstead, Inc. is not a healthcare provider, does not practice medicine or nursing, and does not provide medical care.

3. Who May Use the Services

The Site and Services are intended for licensed healthcare professionals and their authorized representatives, acting in a business capacity. You must be at least 18 years old to use the Services. The Site is not intended for patients, and no medical care may be sought or received through the Site. No patient appointments, transactions, or clinical interactions occur on the Site.

4. Business Services

Subject to these Terms and any applicable Enrollment Terms, Kinstead provides business services to Providers and their business entities (the “Business Services”), including, but not limited to:

• Practice setup, including website development and hosting, phone line procurement, fax line setup, and business email setup;
• Branding and design services;
• Business entity formation support, including LLC incorporation and ongoing maintenance, where applicable;
• Patient-facing compliance policy support, including template policies, notices, and consents for your practice;
• Cash-pay payment processing support; and
• Technology and administrative support.

Kinstead may offer additional or modified Business Services from time to time, which will be governed by these Terms and any applicable Enrollment Terms. The specific Business Services available to you, and the fees for them, are described in your Enrollment Terms or as otherwise presented to you at enrollment. Kinstead is not a law firm or accounting firm, and no Business Service — including any template policy, notice, or consent we provide — constitutes legal, tax, or accounting advice. Entity formation and compliance policy support are administrative in nature; you are responsible for reviewing all templates and materials, confirming their suitability for your practice, and confirming that your entity structure and operations comply with applicable law, and we encourage you to consult your own advisors.

5. No Medical Services; Provider Responsibility

Kinstead, Inc. does not provide medical or nursing services and does not direct or control the clinical judgment of any Provider. Each Provider is solely responsible for: the clinical services the Provider furnishes; maintaining all required licensure, registrations, certifications, and professional liability insurance; compliance with all laws applicable to the Provider’s practice, including the Health Insurance Portability and Accountability Act (“HIPAA”) and state privacy laws; and the content and operation of the Provider’s own practice, including the Provider’s patient-facing website, policies, notices, and consents. Clinical services furnished by Provider Group or its contracted professionals are governed by separate agreements, not by these Terms. Telehealth services have limitations and may not be appropriate for all medical conditions; emergency medical situations require immediate in-person care.

6. Accounts; Acceptable Use

You agree to: (a) provide accurate and complete information and keep it current, (b) maintain the security of your account credentials, (c) use the Services in compliance with all applicable laws, (d) respect the intellectual property rights of Kinstead and third parties, and (e) not interfere with or disrupt the Services or servers. You are responsible for all activity under your account.

We reserve the right to refuse service to any person for any reason at any time, subject to applicable law. You acknowledge that your content and communications (excluding payment information) may be transmitted across various networks and may be modified to comply with technical requirements. All payment information is encrypted during transmission. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission. You may not use automated systems to access the Services except as expressly permitted. We collect and use device information, including IP addresses, to screen for potential security risks and fraud, and to improve our Services through analytics and performance optimization.

7. Fees and Payment

(a) Platform Fees.Providers pay Kinstead the platform and service fees described in their Enrollment Terms or otherwise presented at enrollment (“Platform Fees”). Platform Fees may be one-time or recurring.

(b) Pass-Through Costs.You are responsible for actual third-party costs Kinstead incurs on your behalf in connection with the Business Services, including state entity filing fees, domain registration and hosting-related fees, telecommunications charges, and marketing costs (for example, Zocdoc fees), which may accrue over time and be invoiced or charged periodically (“Pass-Through Costs”). Where practicable, we will identify Pass-Through Costs on your invoices or statements.

(c) Cash-Pay Payment Processing. Where Kinstead facilitates payment processing for cash-pay services you furnish, Kinstead retains ten percent (10%) of collected cash-pay revenue as its service fee, and the remainder is remitted to you or your business entity, unless your Enrollment Terms provide otherwise. Payment processing is performed by third-party payment processors, and remittance timing may depend on those processors.

(d) Payment Authorization. You authorize Kinstead and its third-party payment processors to charge the payment method you provide for Platform Fees and Pass-Through Costs when due, including recurring charges. You are responsible for maintaining current payment information and ensuring sufficient funds or credit for recurring charges. We reserve the right to correct billing errors, even after payment has been processed.

(e) Fee Changes.We may change Platform Fees or introduce new fees by providing at least thirty (30) days’ prior notice (email to the address on your account is sufficient). Fee changes take effect after the notice period. Your continued use of the affected Services after the effective date constitutes acceptance of the change; if you do not accept a fee change, you may terminate the affected Services before the change takes effect. Pass-Through Costs are set by third parties and may change without notice.

(f) Nonpayment. We may suspend or terminate Services for past-due amounts after notice and a reasonable opportunity to pay.

(g) Taxes.Fees are exclusive of taxes. You are responsible for all applicable taxes, other than taxes on Kinstead’s income.

8. Billing Inquiries and Refunds

If you believe you have been billed incorrectly, please contact us within 30 days of the billing date at support@kinsteadhealth.com. Kinstead will not issue refunds or credits after this 30-day period expires, except where required by applicable law. Except as expressly stated in your Enrollment Terms or required by law, fees are earned when paid and are otherwise nonrefundable.

9. Provider Websites, Domains, and Third-Party Services

As part of the Business Services, Kinstead may develop, host, and maintain a practice website on your behalf, and may provide template patient-facing policies, notices, and consents for use on that website. You are solely responsible for the accuracy and legality of the content of your practice website (including descriptions of clinical services and any required professional notices) and for reviewing, adopting, and maintaining the patient-facing terms of use, privacy policy, notices, and consents on that website — including any templates Kinstead provides — and for their suitability for your practice. These Terms and Kinstead’s Privacy Policy do not apply to your practice website or to your patients.

The Services may rely on or interoperate with third-party products and services, including hosting providers, domain registrars, telecommunications carriers, payment processors, scheduling and marketing platforms (such as Zocdoc), and email providers. Third-party services are governed by their own terms, and Kinstead is not responsible for third-party services, their availability, or changes to their pricing or functionality.

Your practice name, logo, and domain name belong to you. Upon termination of the applicable Business Services, Kinstead will cooperate in good faith to transfer hosting, domain management, and related credentials for your practice website to you or your designee, in accordance with any transition terms described in your Enrollment Terms. Termination does not relieve you of amounts accrued through the termination date.

10. Communications; Text Messaging Consent

You consent to receive communications from us electronically, including via email, SMS, or through posted notices on our website, and you agree that electronic communications satisfy any legal requirement that such communications be in writing. These communications may include legal notices, policy updates, service announcements, billing notices, and promotional materials. You may opt out of promotional communications by following unsubscribe instructions, but certain service-related communications are mandatory and cannot be opted out of while you remain a user. While we implement security measures, electronic communications are not always completely secure due to network infrastructure we do not control.

By providing a mobile phone number, you consent to receive text messages from Kinstead or on its behalf — including messages sent using automated technology — about our services, your account, and, where you have agreed, marketing. Consent to marketing texts is not a condition of purchasing any service. Message frequency varies, and message and data rates may apply. Reply STOP to opt out of texts and HELP for help. Opting out of marketing texts does not affect transactional or account-related messages.

11. Intellectual Property

The Site, the Services, and all related software, templates, designs, tools, documentation, and materials are owned by Kinstead or its licensors and are protected by intellectual property laws. Subject to these Terms, Kinstead grants you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes during your engagement.

Your practice name, logo, domain name, and final brand deliverables created specifically for your practice (such as practice-specific website copy and design assets) are and remain your property. Kinstead retains ownership of its pre-existing materials, templates, and tools used to create or incorporated in deliverables, and grants you a perpetual, royalty-free license to use them as embodied in your deliverables. You grant Kinstead a license to use the content and information you provide as needed to perform the Services. Feedback you provide may be used by Kinstead without restriction or obligation to you.

12. Confidentiality

Each party will use the other party’s non-public business information only as needed to perform under these Terms and will protect it using reasonable care. These obligations do not apply to information that is or becomes public through no fault of the recipient, was already known to the recipient without restriction, is independently developed, or is required to be disclosed by law.

13. Term; Termination

These Terms apply for as long as you use the Services. Unless your Enrollment Terms provide otherwise, either party may terminate enrolled Business Services for convenience on sixty (60) days’ written notice. Kinstead may suspend or terminate the Services immediately for material breach, nonpayment (following notice), unlawful use, or conduct that risks harm to the Services or other users.

Upon termination: (a) all accrued amounts remain payable, including Pass-Through Costs incurred through the termination date; (b) your licenses to Kinstead materials end, except as embodied in deliverables assigned to you; and (c) upon request within thirty (30) days after termination, Kinstead will provide a reasonable export of your business materials in its possession and will cooperate in the website and domain transition described in Section 9. Provisions that by their nature should survive termination — including accrued fees, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution — survive.

14. Information Accuracy and Disclaimers

We strive to provide accurate, complete, and current information through our Services. However, we make no warranties regarding the accuracy, completeness, or timeliness of any information provided. Information on our site is for general purposes only and should not be used as the sole basis for important decisions without consulting additional sources; it does not constitute legal, tax, accounting, or clinical advice. Any reliance on information provided through our Services is at your own risk. We reserve the right to modify content at any time without obligation to update previously published information.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, KINSTEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

15. Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services, with reasonable notice where practicable. Except as expressly provided in these Terms (including Section 7(e) for fee changes), we shall not be liable for modifications, suspensions, or discontinuations of the Services.

16. Limitation of Liability

To the fullest extent permitted by law, Kinstead, Inc. and Kinstead Provider Group, P.A., and their respective officers, directors, employees, and agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. To the fullest extent permitted by law, the aggregate liability of Kinstead, Inc. arising out of or relating to the Services will not exceed the greater of (a) the Platform Fees you paid to Kinstead in the twelve (12) months preceding the event giving rise to the claim, and (b) one hundred U.S. dollars ($100).

17. Indemnification

You agree to indemnify, defend, and hold harmless Kinstead, Inc., Kinstead Provider Group, P.A., and their respective parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and contractors from any claims, demands, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your violation of any law or third-party rights; (c) the clinical services you provide; or (d) the content and operation of your practice, including your practice website.

18. Dispute Resolution; Class Action Waiver

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by applicable law. Notwithstanding the foregoing, either party may bring an individual claim in small claims court, and either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information. You waive your right to participate in class action lawsuits against Kinstead.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to conflict of law principles.

20. Changes to These Terms

We may modify these Terms by posting updated versions on our website. If a change is material, we will provide reasonable advance notice (for example, by email or a notice on the Site); changes to fees are governed by Section 7(e). Your continued use of the Services following the effective date of any changes constitutes acceptance of the modified Terms. The “Last Updated” date above reflects the current version.

21. Entire Agreement; General

These Terms, together with our Privacy Policy, your Enrollment Terms, and any additional terms presented at the time of specific service enrollment, constitute the entire agreement between you and Kinstead regarding the Services. The failure to exercise any right or provision under these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. Except as expressly stated in Sections 16 and 17 with respect to Kinstead Provider Group, P.A., there are no third-party beneficiaries of these Terms.

22. Contact Information

For questions about these Terms or our Services, please contact us at:

Kinstead, Inc.
169 Madison Avenue, #15605
New York, NY 10016
Email: support@kinsteadhealth.com