Table of Contents

• Introduction
• Definitions
• Part 1 — Terms That Apply to Everyone Who Uses the Site
  • 1.1 Eligibility
  • 1.2 Acceptable Use
  • 1.3 Third-Party Sites and Services
  • 1.4 Connected Apps and Devices
  • 1.5 Intellectual Property
  • 1.6 Medical and Coverage Information Disclaimer
• Part 2 — Terms That Apply to Your Portal Account
  • 2.1 Acceptance and Consent to Treatment
  • 2.2 Account Security
  • 2.3 Scope of the Portal
  • 2.4 Telehealth Services
  • 2.5 Electronic Communications and E-SIGN Consent
  • 2.6 Text Message (SMS) Communications
  • 2.7 Notice of Privacy Practices
  • 2.8 Authorized Representatives, Dependents, and Proxy Access
  • 2.9 Member and Patient Responsibilities
  • 2.10 Prohibited Conduct
  • 2.11 Payments and Transactions
  • 2.12 Use of Automated and Artificial Intelligence-Assisted Tools
  • 2.13 Suspension and Termination of Portal Access
• Part 3 — Provisions That Apply Across Your Relationship With Harbor Health
  • 3.1 Changes to These Terms
  • 3.2 Privacy, Security, and Your Data Choices
  • 3.3 Disclaimer of Warranties
  • 3.4 Limitation of Liability
  • 3.5 Indemnification
  • 3.6 Dispute Resolution; Binding Arbitration; Class Action Waiver
  • 3.7 Governing Law and Venue
  • 3.8 Non-Discrimination Notice
  • 3.9 Accessibility
  • 3.10 General Provisions
  • 3.11 Entire Agreement; Order of Precedence
  • 3.12 Contact Us

    
    

Introduction

Welcome to Harbor Health! These Terms of Use and Member Portal Agreement ("Terms") explain the rules that apply when you visit our website ("Website") or use our mobile applications ("App" collectively with the Website, the "Site") and when you create or use an account on the Harbor Health Member Portal ("Portal").

The Site and Portal are provided by The Harbor Health Team, Inc. and its affiliates, including Harbor Health Medical Group and Harbor Health Insurance Company (together, "Harbor Health," "we," "our," or "us").

We are a payvidor—unifying your health plan with your ongoing wellness journey with our employed clinicians. Beyond just treating you when you are sick, we partner with you to support your lifelong health and well-being. Because you may interact with us in both roles, these Terms are organized so that Part 1 applies to everyone who visits our Site, Part 2 applies once you create a Portal account, and Part 3 contains provisions that apply across your entire relationship with Harbor Health.

These Terms work together with our Notice of Privacy Practices and, if you are enrolled in a Harbor Health plan, your Evidence of Coverage, Certificate of Coverage, or plan documents ("Plan Documents"). If something in these Terms conflicts with your Plan Documents on a question of insurance coverage, benefits, or claims, your Plan Documents control. If something in these Terms conflicts with your Plan Documents on a question of Site or Portal use, these Terms control.

By accessing the Site, or by selecting "I Agree" to create or use a Portal account, you agree to be bound by these Terms. If you do not agree, please do not use the Site or the Portal.

Definitions

• "Affiliates" means entities that control, are controlled by, or are under common control with The Harbor Health Team, Inc., now or in the future, including Harbor Health Medical Group and Harbor Health Insurance Company.
• "Content" means all text, graphics, names, logos, trademarks, tradenames, trade dress, photographs, audio, video, data, software, and other materials (whether trademarked or copyrighted) appearing on the Site or Portal.
• "PHI" means protected health information regulated under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
• "Plan Documents" means your Evidence of Coverage, Certificate of Coverage, Member Handbook, or similar plan-governing documents issued to you by Harbor Health Insurance Company.
• "Portal" means the secure, account-based Harbor Health member and patient portal, including any associated mobile application.
• "Services" means the medical, care-coordination, insurance, administrative, and related services Harbor Health provides to you.
• "Site" means any website, mobile site, application, or digital service owned or controlled by Harbor Health, including any page operated for or on our behalf by a third-party vendor for scheduling, payment, billing, or member/patient services.

  
  

Part 1 — Terms That Apply to Everyone Who Uses the Site

1.1 Eligibility

The Site is intended for persons age 18 or older, or minors acting through a parent or legal guardian, who reside in the United States. Insurance products described on the Site are available only in states where Harbor Health Insurance Company is licensed and approved to offer them, and medical services described on the Site are provided only in states where Harbor Health Medical Group or its care-delivery affiliates operate. Nothing on the Site is an offer to sell insurance or provide medical services in a jurisdiction where we are not authorized.

1.2 Acceptable Use

You agree to use the Site only for lawful purposes and consistent with these Terms. You will not:

• attempt to gain unauthorized access to any portion of the Site, other users' accounts, or Harbor Health systems;
• interfere with the operation or security of the Site;
• post or transmit any virus, malicious code, or unlawful material; or
• use automated means to access or scrape the Site.

1.3 Third-Party Sites and Services

We may link to unaffiliated vendors (for example, payment processors, appointment schedulers, or telehealth platforms). These vendors are independent contractors and not our agents. We are not responsible for the availability, accuracy, or security of third-party sites, and your use of them is governed by the vendors' own terms and privacy statements.

1.4 Connected Apps and Devices

If you choose to connect a third-party app or device — such as a fitness tracker, wearable, or health app — to your Harbor Health account, you authorize the exchange of data between that app or device and Harbor Health as directed by you. We are not responsible for the accuracy or security of data provided by third-party apps or devices, and you can disconnect them at any time in your account settings.

1.5 Intellectual Property

The Site and all Content are owned by Harbor Health or its licensors and are protected by United States and Texas intellectual-property laws. You may view and download Content solely for personal, non-commercial purposes related to obtaining or maintaining coverage or care with Harbor Health. Any other use requires our prior written consent.

1.6 Medical and Coverage Information Disclaimer

Content on the Site is for general informational and educational purposes only.

• Medical Services: Content does not constitute medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for medical concerns.
• Insurance Products: Content does not guarantee eligibility, coverage, or payment. Your rights and obligations under any Harbor Health plan are set out in your Plan Documents and governed by applicable law.

  
  

Part 2 — Terms That Apply to Your Portal Account

2.1 Acceptance and Consent to Treatment

By selecting "I Agree", you enter into a binding agreement with Harbor Health governing your use of the Portal. By using Harbor Health clinical services, you also consent to receive medical treatment, care coordination, and related services from Harbor Health and its affiliated providers in accordance with applicable medical standards and professional judgment. If you do not agree to these Terms, do not use the Portal.

2.2 Account Security

You must safeguard your username, password, multi-factor credentials, and any one-time codes, and you must not share your login information with anyone else. You will promptly notify us of any actual or suspected unauthorized use of your account. We may suspend or terminate Portal access to protect members, patients, or Harbor Health systems.

If you enable device-based sign-in (for example, Face ID, fingerprint, or another biometric unlock), that authentication is processed and stored on your device by your device manufacturer, not by Harbor Health, and is governed by your device manufacturer's terms.

2.3 Scope of the Portal

The Portal lets you schedule appointments, view your health information and claims history, message your care team, and communicate with Harbor Health. Portal functionality may vary depending on your relationship with Harbor Health, your location, applicable law, technical limitations, and operational availability.

The Portal is not intended for emergencies or urgent medical needs. If you believe you are experiencing a medical emergency, call 9-1-1 or go to the nearest emergency room immediately. Secure messages sent through the Portal are not monitored continuously and typically receive a response within 1–2 business days.

2.4 Telehealth Services

If Harbor Health offers telehealth or virtual-visit services through the Portal, additional requirements apply:

• You must be physically located in a state where your treating provider is licensed at the time of your visit.
• Telehealth has limitations compared to in-person care (for example, certain physical examinations cannot be performed remotely), and your provider may recommend an in-person visit if telehealth is not appropriate for your condition.
• You are responsible for ensuring you have adequate technology, connectivity, and a private setting for your visit.
• Telehealth visits may be documented in your medical record like any other visit.

2.5 Electronic Communications and E-SIGN Consent

You consent to receive communications from Harbor Health electronically and to sign documents electronically where allowed by law. Communications may be delivered through the Portal, email, phone call, or text message. Certain electronic communications may not be encrypted and may carry some risk of unauthorized access. You are responsible for maintaining accurate contact information. You may withdraw this consent by contacting us, but doing so may limit our ability to serve you online.

2.6 Text Message (SMS) Communications

If you voluntarily provide a mobile number to us, you are expressly giving Harbor Health and its service providers may send you appointment reminders, billing notices, and other account-related text (e.g., SMS, MMS, RCS, and iMessage) messages to the mobile number you have provided. These messages are intended to support your relationship with Harbor Health. Message and data rates may apply. Message frequency varies.

Reply STOP to opt out of text messages at any time, or reply HELP for assistance. Opting out of text messages does not opt you out of required communications sent by other means.

2.7 Notice of Privacy Practices

Harbor Health maintains a separate Notice of Privacy Practices ("NPP") describing how PHI may be used and disclosed, and outlining your privacy rights under HIPAA and other applicable law. By using the Portal, you acknowledge receipt of, or access to, the Harbor Health Notice of Privacy Practices.

2.8 Authorized Representatives, Dependents, and Proxy Access

If permitted by applicable law and Harbor Health policy, parents, legal guardians, caregivers, or other authorized representatives may receive limited or full access to another individual's Portal account or information. Proxy or representative access may be modified, restricted, or revoked at any time based on applicable law, privacy requirements, operational policy, patient request, or Harbor Health's determination regarding appropriate access. Records relating to certain sensitive health services may carry additional access restrictions under applicable law and you may be required to provide written consent to allow Harbor Health to share that information with others (like a spouse or caregiver).

2.9 Member and Patient Responsibilities

By using the Portal and Harbor Health services, you agree to:

• provide accurate and complete information;
• maintain the confidentiality of your account credentials;
• attend scheduled appointments or provide timely cancellation notice (failure to do so may result in an administrative charge);
• follow reasonable instructions provided by your care team;
• use the Portal only for lawful and intended purposes; and
• refrain from interfering with the operation or security of Harbor Health systems.

2.10 Prohibited Conduct

You will not:

• attempt to gain unauthorized access to Harbor Health systems or data;
• impersonate another individual or misrepresent your identity;
• introduce malicious code or harmful software;
• scrape, harvest, or automate extraction of Portal data;
• misuse messaging or scheduling features; or
• use the Portal in violation of applicable law.

2.11 Payments and Transactions

When you submit a payment or complete another transaction through a third-party service linked from the Site or Portal, you authorize that vendor to process the transaction on our behalf. A payment is not deemed received until we post it to your account, and you are responsible for confirming that a payment or transaction has been accepted and applied.

If you enroll in automatic or recurring payments (autopay), you authorize us and our payment processor to debit the payment method on file on each scheduled date until you cancel autopay through the Portal or by contacting us. If a payment is returned or declined, we may retry the charge and may assess a returned-payment fee to the extent permitted by law. Refunds, if owed, will be issued to the original payment method within a commercially reasonable time. None of this section changes the premium due dates or grace periods described in your Plan Documents.

2.12 Use of Automated and Artificial Intelligence-Assisted Tools

Harbor Health's forward-looking operational and consumer-facing roadmap establishes a comprehensive, multi-tiered commitment to integrating advanced artificial intelligence capabilities—specifically encompassing artificial intelligence foundational models (including generative AI), predictive machine learning (ML) architectures, generative large language models (LLMs), and automated cognitive reasoning systems (collectively "AI")—directly into the architecture of our service delivery platforms.

By strategically deploying these sophisticated, AI-assisted tools across our core business functions, the organization aims to radically transform, elevate, and personalize the end-to-end consumer experience at every physical and digital touchpoint. This overarching initiative is meticulously designed to optimize backend workflows and automate complex, repetitive processing tasks, thereby driving unprecedented decision-making speed, internal efficiency, and continuous operational innovation.

Simultaneously, these technological advancements translate into direct, tangible value for the consumer by powering intuitive, highly responsive virtual assistants, real-time personalization algorithms, and dynamic user dashboards that adapt fluidly to individual consumer behaviors and shifting market needs. Consequently, this unified framework ensures that consumers enjoy seamless interactions, hyper-relevant product recommendations, and frictionless 24/7 self-service resolutions.

Furthermore, this deep technical integration is strictly bound to a robust governance framework focused on continuous performance evaluation, structural accuracy, and advanced anomaly detection, ensuring that as we maximize consumer utility and accessibility, we rigorously safeguard data privacy and build long-term institutional trust.

These tools assist, but do not replace, the clinical judgment of your treating providers or the human review required for coverage determinations. You may request human review of any automated coverage decision by following the appeal process in your Plan Documents.

2.13 Suspension and Termination of Portal Access

Harbor Health may suspend, restrict, or terminate Portal access for security reasons, suspected misuse, inactivity, fraud prevention, legal compliance, operational needs, or violation of these Terms. Suspending or terminating Portal access does not, by itself, terminate any separate clinical relationship, insurance coverage, or legal right otherwise available to you. Ending your insurance coverage or clinical relationship with Harbor Health is governed by your Plan Documents, not by this Portal access provision.

Part 3 — Provisions That Apply Across Your Relationship With Harbor Health

3.1 Changes to These Terms

We may amend these Terms at any time without notice. When we do, we will post the revised Terms and update the effective date. Continued use of the Site or Portal after changes are posted constitutes acceptance of the revised Terms. Changes will not be applied retroactively to alter your Plan Documents.

3.2 Privacy, Security, and Your Data Choices

We handle personal information in accordance with our Notice of Privacy Practices and, where applicable, HIPAA and other applicable laws. We use reasonable administrative, technical, and physical safeguards to protect information you submit. No system can guarantee absolute security, and you use the Site and Portal at your own risk.

If you create or access an account that displays PHI, you are responsible for keeping your credentials confidential and for activity that occurs under your account. Do not share your login information. Notify us immediately of any unauthorized use.

Cookies and Similar Technologies. The Site uses cookies and similar technologies to operate the Site, remember your preferences, and understand how the Site is used. You can control cookies through your browser settings; disabling some cookies may limit Site functionality.

Your Privacy Choices. Depending on where you live, you may have rights to access, correct, or delete certain personal information we hold outside your medical record, and to opt out of the sale or sharing of personal information or its use for targeted advertising. To exercise these rights, contact us using the information at the end of these Terms. Rights relating to PHI in your medical record are described in our Notice of Privacy Practices.

Children's Privacy. The Site and Portal are not directed to children under 13 for independent use. A parent or legal guardian may create and manage a dependent's account as described in Section 2.8.

3.3 Disclaimer of Warranties

THE SITE, THE PORTAL, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARBOR HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

3.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARBOR HEALTH, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PORTAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED BELOW, OUR TOTAL LIABILITY TO YOU OR ANYONE ACTING FOR OR ON YOUR BEHALF FOR CLAIMS ARISING OUT OF YOUR USE OF THE SITE OR PORTAL (AS DISTINCT FROM CLAIMS RELATING TO YOUR MEDICAL CARE OR INSURANCE COVERAGE, WHICH ARE GOVERNED BY YOUR PLAN DOCUMENTS AND APPLICABLE LAW) WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) USD. NOTHING IN THIS SECTION LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR AS OTHERWISE PROHIBITED BY LAW.

This limitation applies to your use of the Site, the Portal, and our digital tools. It does not limit your right to appeal a coverage or claims decision, to file a grievance, or to seek any remedy available to you under your Plan Documents or applicable insurance law.

3.5 Indemnification

You agree to indemnify, defend, and hold harmless Harbor Health and its affiliates from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to your breach of these Terms or misuse of the Site or Portal.

3.6 Dispute Resolution; Binding Arbitration; Class Action Waiver

Informal Resolution. Before filing suit or an arbitration demand, you and Harbor Health agree to try in good faith to resolve any dispute through informal discussion for at least thirty (30) days. This does not limit either party's right to seek equitable relief when appropriate.

ARBITRATION AGREEMENT. EXCEPT AS DESCRIBED BELOW, YOU AND HARBOR HEALTH AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PORTAL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS RULES THEN IN EFFECT, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND HARBOR HEALTH EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

What This Arbitration Agreement Does Not Cover. This arbitration agreement does not apply to, and does not limit, your right to: (a) appeal an adverse benefit determination or file a grievance under the process described in your Plan Documents; (b) file a complaint with a state insurance department, state medical board, or the U.S. Department of Health and Human Services Office for Civil Rights; or (c) seek injunctive relief for misuse of intellectual property or unauthorized access to Harbor Health systems.

3.7 Governing Law and Venue

These Terms are governed by Texas law without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 3.6. Any lawsuit not subject to arbitration must be filed exclusively in a state or federal court located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.

3.8 Non-Discrimination Notice

Harbor Health complies with applicable federal civil-rights laws and does not discriminate on the basis of race, color, national origin, sex, age, or disability. We provide free language assistance and auxiliary aids as required by law.

3.9 Accessibility

Harbor Health is committed to making the Site and Portal accessible to individuals with disabilities and individuals with limited English proficiency. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and to provide auxiliary aids and services, free of charge, as required by law to ensure effective communication.

If you need an accommodation, an accessible format of Site or Portal content, or language assistance, contact us at 1-855-481-0225. Please describe the content or feature at issue and the assistance you are requesting.

If you believe we have not met an accessibility obligation, you may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the OCR Complaint Portal, or by mail or phone, using the contact information published at hhs.gov/ocr.

Some Site or Portal features may link to third-party services we do not control. If you encounter an accessibility barrier, we will work to provide the information or service in an accessible alternative format.

3.10 General Provisions

Force Majeure. Harbor Health is not responsible for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunications failures, or public health emergencies.

Assignment. Harbor Health may assign or transfer these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our prior written consent.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that or any other provision later.

Notices. We may provide notices to you electronically, including through the Portal, email, or text message, using the contact information in your account. You may provide legal notices to us using the contact information in Section 3.12.

Severability. If any provision of these Terms is held unlawful or unenforceable, the remaining provisions will remain in effect.

Survival. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provision that by its nature should survive, will survive termination of your Portal access or these Terms.

3.11 Entire Agreement; Order of Precedence

These Terms, together with the Notice of Privacy Practices, your Plan Documents (if applicable), and any additional terms posted on a particular portion of the Site or Portal, constitute the entire agreement between you and Harbor Health regarding the Site and Portal, and supersede all prior or contemporaneous communications on that subject. If there is a conflict between these Terms and your Plan Documents regarding a matter of insurance coverage, benefits, or claims, your Plan Documents control.

3.12 Contact Us

Questions about these Terms, Portal access, or Harbor Health services may be directed to:

The Harbor Health Team, Inc.
4009 Marathon Blvd, Suite 300
Austin, TX 78756
Phone: (855) 481-8375
Email: compliance@harborhealth.com