Welcome! Below are the MSK Therapy Program Terms and Conditions that are required for you and your employees and their dependents (collectively “Members”) to use the MSK Therapy Program.

When Client agrees to these terms, Client shall be contractually bound to the terms and conditions set forth herein:

1. HealthJoy MSK Therapy Program Services. During the Term and subject to the applicable PEPM fees being timely paid, HealthJoy, LLC (“HealthJoy”) will provide the “MSK Program” described herein to Client’s Members.
2. Definitions. The following terms shall have the meanings set forth below:
   1. “Client” means a Reseller customer who subscribes to the HealthJoy’s MSK Therapy Program provided by HealthJoy.
   2. “Eligible Member” means Member who has access to the MSK Program offered by a HealthJoy Reseller.
   3. “Member” means either an individual, natural person who is either an employee or an eligible dependent who has access to the MSK Program offered by a HealthJoy Reseller.
   4. “MSK Portal” means how Enrolled Members can access the MSK Program online at MSK.healthjoy.com.
   5. “MSK Program” means the HealthJoy musculoskeletal therapy program as further described in these terms.
   6. “PEPM” is an abbreviation for “Per Employee Per Month,” which the Parties recognize as a common term in the health care industry. For purposes of this Agreement, PEPM is defined as the applicable rate paid to HealthJoy by Reseller for Client’s Employee’s use of the MSK Program.
   7. “Reseller” is one of HealthJoy’s partners that has resold the MSK Program to you for a Member’s use.
3. MSK Therapy Program.
   1. HealthJoy will provide the MSK Program that consists of the following:
      1. The MSK Program is a musculoskeletal pain and dysfunction management program that provides a personalized, video-guided exercise program backed by a virtual coach. The goal is to help Enrolled Members self-manage their chronic pain or dysfunction through personalized exercise programs and provide one-to-one support to help them achieve their goals during the MSK Program.
      2. The MSK Program provides coach-led exercise therapy programs for members with specific areas of pain or dysfunction. This can include but is not limited to back, knee, hip, shoulder, neck, foot, and other joint pain or chronic conditions such as pelvic health disorders. Each Enrolled member will have access to their coach and tailored programming until they achieve their goals for the enrolled pain area as part of the MSK Program, as follows:
         1. The MSK Program includes a 12-month maintenance program with quarterly check-ins with their coach at the end of their program. An Enrolled Member subscription to the MSK Program lasts for fifteen (15) months after MSK Acceptance.
         2. Each Member will have the ability to take an intake survey about their health, pain and function history to apply for the MSK Program. This intake survey will confirm eligibility and screen for exclusion criteria. HealthJoy then reviews the survey results to verify eligibility. If deemed eligible by HealthJoy, it will be considered an “MSK Acceptance.” To be eligible for the MSK Program, a Member must have self-reported chronic pain or chronic symptoms, and not have some other health issue that may disqualify him/her, such as, but not limited to, having: (1) a condition where they have not been cleared for exercise by their physician, (2) physician-diagnosed structural issues (such as moderate to severe spinal stenosis, multilevel disc herniations, multilevel spinal fusion), or (3) if the answers to the intake survey indicate a structural issue even though there is no formal diagnosis, such as marked numbness and tingling or radiating pain down their legs.
         3. Accepted Members are contacted by their assigned coach to schedule an introductory call and introduce the member to the MSK Program. Unless another method is provided, Enrolled Members can access the MSK Program via the MSK Portal. Coaches and Enrolled Members can then communicate, and schedule further calls to discuss exercises, exercise form, progress, modifications, or any other relevant information. Coaches may follow up with the Enrolled Member as needed via email, call, text, or other media to aid adherence to the MSK Program.
      3. Movement Health & Injury Prevention
         1. Movement Health & Injury Prevention is a separate product of the MSK Program. This product is for individuals who do not have chronic pain or dysfunction but want to take action for their physical wellbeing.
         2. Movement Health & Injury Prevention provides a personalized, video-guided exercise program for a variety of musculoskeletal needs within an employee population. The goal is to help participants address any concerns early before they become chronic, improve and maintain their musculoskeletal health, and prevent injury through exercise programs tailored to their needs.
         3. Movement Health & Injury Prevention provides expert-developed exercise and movement programs that may include but is not limited to the following needs:
            1. Job-Specific Injury Prevention: Sedentary professions, dental and other healthcare workers, moderate to heavy physical labor, truck drivers, professions that primarily involve standing, and more.
            2. Movement Health and Wellness: Multiple levels for core conditioning, lower body health, upper body health, and full body mobility and stretching.
            3. Childcare-Related Health: Preparing one’s pelvic floor for childbirth, exercises for women who have given birth, body mechanics and strengthening for parents to hold their children.
            4. Fall Prevention and Bone Density: Programs for aging adults, adults concerned about their balance, those concerned about bone density loss, or individuals taking GLP-1s that may cause muscle and bone density loss.
            5. Sport-Related Strength and Longevity: Running conditioning, Golf and racket sports, or general athletics programming.
            6. Diabetes Exercise Support: Companion program for those managing diabetes to help build healthy movement into their lifestyle.
         4. Movement Health & Injury Prevention participants will have access as long as their employer (the Client) offers the MSK Program.
      4. Members indicating no history of chronic pain will have the ability to take an intake survey about their goals and prior history to use the Movement Health & Injury Prevention product. Based on the Member’s answers, the Member will then be assigned the MSK Program that best meets their needs in addition to receiving two other tailored program recommendations. Movement Health & Injury Prevention participants can view the broader Program Library at any time and leverage other programs beyond what was recommended based on their survey. While one-on-one coaching is not part of Movement Health & Injury Prevention, participants can provide requests or feedback to our coaching team. Coaches may follow up with the Participant as needed via email, call, text, or other media to assist the Participant. Movement Health & Injury Prevention Participants can access their programming through the “MSK Portal.”
      5. More specifically, the MSK Program includes the following features and functionality:
         1. Mobile Application Features
            1. Benefits Wallet Card – Contains overview of the MSK Program, a button linking to a public web page with more information on the MSK Program, and a button to take the intake survey (if they have not yet done so) or continue to their web page for the MSK Program (assuming the Member has been accepted into the MSK Program).
            2. Inbox Card – Contains overview of the MSK Program, a button to take the intake survey (if they have not yet done so) or continue to their web page for the MSK Program (assuming the Member has been accepted into the MSK Program).
            3. Menu Button – Links to a web page that contains an overview of the MSK Program, a button linking to a public web page with more information on the MSK Program, and button to take the intake survey (if they have not yet done so) or continue to their web page for the MSK Program (assuming the Member has been accepted into the MSK Program).
            4. Custom Messaging – When Members search for a potentially eligible service, the app may remind them that they have access to the MSK Program. Outbound messaging reminders may also be sent to educate Members on the MSK Program.
         2. Concierge Services – not applicable.
         3. Web Page Features
            1. Accessibility – The MSK Program is accessed by Members via the “MSK Portal.”
            2. Profile Page – The MSK Portal shows the Accepted Member’s assigned exercises and their progression through each week and month, an area to rate their satisfaction and current pain or take a longer survey when appropriate, their coach’s contact information and a link to schedule a call.
            3. Programs Page – The MSK Portal provides Accepted Members with the ability to view current assigned exercises and progression through each week or see completed exercises, ability to play each exercise video.
            4. Exercises Page – The MSK Portal provides Accepted Members with the ability to watch an instructional video or read step-by-step instructions with key tips or notes for each exercise.
         4. Coaching Services
            1. Personal Coach – Enrolled Member will have access to a dedicated, personal coach via video call, phone, email, and text message. The Enrolled Member can contact the coach via telephone, email, video chat or schedule a time with their coach via a calendar inside the MSK Portal. Future functionality will include communication through the MSK Portal.
            2. Qualifications – Coach experience includes Doctor of Physical Therapy and practicing Physical Therapist, Physical Therapy Assistants with several years of clinical experience, and Health Coaches or other professionals skilled in behavior change and how the Musculoskeletal system works.
            3. Responsibilities – Coaches are responsible for ensuring member satisfaction and outcomes, which often come down to ensuring adherence to their exercises. Below is a list, subject to change, for how Coaches assist their members:
               1. Welcome email to schedule an introductory call (video or phone) and provide access to the MSK Portal.
               2. Introductory call to review the MSK Program, understand the member’s unique circumstances and motivation, and create a plan and excitement for adherence.
               3. Optional weekly or ad hoc calls to review exercises, make exercise modifications, or adjust programming where needed.
               4. Weekly communication to ensure adherence.
               5. Monthly communication to ensure the member is completing a progress survey.
               6. Using the Coach Platform data tools to monitor adherence and progress
            4. Coach Platform – Coaches have access to the following data for their own members to monitor progress and adherence and identify who needs more support:
               1. Login history
               2. Survey history
               3. Pain history
               4. Satisfaction history
               5. Function history
            5. Coaches will have five (5) structured interactions with each Enrolled Member as follows:
               1. Introductory Call, scheduled immediately after the member is accepted into the MSK Program and before they start Week 1.
               2. Week 1 check-in / Week 2 prep call – Scheduled for 1 week after the introductory call-in order to ensure the member completed the first week, is still bought in, and understands the 2nd week.
               3. Week 4 check-in call – scheduled for after the member has completed their 3rd and/or 4th weeks of the MSK Program, designed to ensure buy-in is maintained and ensure the member submits a monthly survey.
               4. Week 9 check-in call – scheduled for after the member has completed 8 weeks of the MSK Program and takes a survey.
               5. Exit Call – scheduled for after the member completes 12 weeks or has achieved their goal and is ready to graduate from the MSK Program.
            6. Coaches will also have multiple ad hoc, unstructured interactions with Enrolled Members. Such ad hoc, unstructured interactions may, but are not limited to, include additional calls at the member’s request, texts from the coach, emails from the coach, etc. Enrolled Members should expect at least 1 to 2 contacts per week from the coach.
         5. Reporting. HealthJoy shall provide Client with quarterly reports of Enrolled Member’s usage of the MSK Program.
            1. Applicants – HealthJoy will track the number of Members who have completed an intake survey to participate in The MSK Program.
            2. Enrolled Members – HealthJoy will track the total number of Enrolled Members.
            3. Active Participants – HealthJoy will track the number of currently active Enrolled Members, as defined by Enrolled Members who have done one (1) of the following criteria (subject to change): (i) completed twelve (12) weeks of the MSK Program, (ii) verbally said they are done and ready for the maintenance portion of the MSK Program, (iii) verbally said they have dropped out of the MSK Program, (iv) have not logged in for three (3) months after their intake call), or (v) marked as having dropped out by the coach.
            4. Enrolled Member Satisfaction – HealthJoy will track the average Enrolled Member satisfaction for the MSK Program as rated from 0 to 10.
            5. Average Pain Reduction – HealthJoy will track the average change in self-reported pain through the MSK Program as rated from 0 to 10.
            6. Average Function Improvement – HealthJoy will track the average change in self-reported function through the MSK Program as rated from 0 to 10.
            7. Average Surgery Likelihood Reduction – HealthJoy will track the average change in self-reported likelihood to get surgery as rated from 0 to 10.
            8. Completion Rate – HealthJoy will track the percentage of Enrolled Members who have either completed 12 weeks or achieved their goal and told the coach they were done with the MSK Program, divided by the number of Enrolled Members who have had a chance to complete all 12 weeks of the MSK Program.
            9. Average Productivity Improvement – For each Enrolled Member that completes the MSK Program, HealthJoy will conduct an intake and monthly surveys and report on the differences between the intake survey and monthly survey in terms of percentage of work missed by the Enrolled Member per week due to back pain. For example, this metric would show that an Enrolled Employee was missing 4 hours of work per week at the commencement of the MSK Program and at the end, the Enrolled Member is missing 0 hours of work per week, which resulted in a ten percent (10%) improvement.
            10. Reporting Metrics available at Month 2-3, depending on how quickly the first Member enrolled.
         6. Client authorizes HealthJoy and the HealthJoy Third-Party Providers to receive and use data about its Members (“Member Data”) and to communicate directly with Members via email and/or text (SMS) for the purposes of (a) providing the MSK Program and (b) treatment, payment, and health care operations of HealthJoy. Client additionally authorizes HealthJoy to do the following, in accordance with HIPAA: (1) manipulate, de-identify, reconfigure, reconstitute, and commingle data for the purpose of providing the MSK Program and related services; (2) use data to prepare reports (“Reports”) as part of the related services; (3) disclose Reports regarding the Client to the Client; and (4) disclose such Reports and PHI regarding any applicable employee benefit plan maintained by or on behalf of the Client to the broker of record for the plan, and to other third parties as directed or authorized by the plan or the Client as set forth herein or hereafter, provided that with regard to any such disclosure the broker or third party is legally bound to comply with the confidentiality and non-use obligations of HealthJoy under this Agreement or materially equivalent obligations.
         7. Communication Materials. HealthJoy and Reseller will work together to provide co-branding marketing materials that may include any or all of the following: brochures, app messages, and/or emails. Any material changes or modifications to such materials must be approved in advance in writing by HealthJoy prior to distribution. In addition, Client hereby authorizes HealthJoy to communicate directly with Client, its Members for the purpose of: (A) promoting the MSK Program; and (B) providing the MSK Program to the Employees and/or Members.
         8. Term. HealthJoy will provide access to the MSK Program described herein to Client and its Members as long as HealthJoy has received payment of the applicable PEPM fees for the respective Client and its Members (the “Term”). Except as otherwise provided herein, such availability and access shall continue in effect for as long as the separate agreement is in place between Reseller and HealthJoy.
         9. Confidential Information; Business Associate Agreement.
            1. Confidential Information. For the purposes of this Agreement, the Parties define “Confidential Information” to mean any of the information disclosed under this Agreement that is designated by the disclosing party as proprietary or confidential, or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. HealthJoy’s Confidential Information includes any technical, pricing, or performance information about the MSK Program or related services, as well as the terms of this Agreement. Client’s Confidential Information includes Client’s Employee data and information. Client understands and agrees that the MSK Program shall be considered “Confidential Information” of HealthJoy and shall be treated as such by Client and its Employees.
            2. Each receiving party will (i) hold in confidence and not disclose Confidential Information to third parties except as permitted in this Agreement, and (ii) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. The receiving party may disclose Confidential Information to its employees, agents, contractors, subcontractors, subprocessors, and other representatives having a legitimate need to know such Confidential Information, provided the receiving party remains responsible for their compliance with this Section 6 (Confidential Information; Business Associate Agreement) and such parties are bound to confidentiality obligations no less protective than this Section 6.
            3. These confidentiality obligations do not apply to information that the receiving party can document: (i) is or becomes public knowledge through no fault of the receiving party; (ii) it rightfully knew or possessed prior to receipt under this Agreement; (iii) it rightfully received from a third party without breach of confidentiality obligations; or (iv) it independently developed without using the disclosing party’s Confidential Information. The receiving party may disclose Confidential Information if required by law, subpoena, or court order, provided (if permitted by law) it notifies the disclosing party in advance and cooperates in any effort to obtain confidential treatment. If Client or any of its employees or contractors sends or transmits any communications or materials to HealthJoy suggesting or recommending changes to the HealthJoy Program or related services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (”Feedback”), HealthJoy is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback.
            4. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which monetary damages alone may be an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 6.
            5. If a receiving Party receives PHI, as defined pursuant to HIPAA, the Parties agree to abide by the Business Associate Agreement, incorporated into this Agreement as set forth on the Order Form and set forth at healthjoy.com/legal.
            6. If a receiving Party receives non-public personal information that is not PHI, that is PII, the Parties agree to abide by the Data Processing Addendum, incorporated into this Agreement by this reference and set forth at healthjoy.com/legal.
         10. Generative AI Terms Features. The MSK Program may incorporate generative artificial intelligence functionalities ("GenAI Features”). Client authorizes HealthJoy (and its designated Third-Party Providers, where applicable) to receive and utilize data from Client and Members ("Input"). The MSK Program will process this Input to generate outputs, such as text, within the MSK Program ("Output," and together with Input, "Content"). Client grants HealthJoy a worldwide, non-exclusive, royalty-free, and irrevocable license to host, reproduce, distribute, modify, create derivative works of, and use the Input solely for the purpose of providing and enhancing the MSK Program. HealthJoy reserves the right to modify, suspend, or discontinue the GenAI Features at any time without prior notice. HealthJoy will not use Client's data or Content to enhance the GenAI Features in a manner that could result in the disclosure of Client's personal data or Content to any unauthorized third party, including for the training or fine-tuning of generative AI models employed by the GenAI Features. The GenAI Features may utilize subprocessors as detailed in HealthJoy's Privacy Policy (incorporated herein and linked below); these subprocessors are contractually bound to refrain from using Client's personal data for any purpose other than providing services to HealthJoy and the Members. Client's utilization of the GenAI Features and the Content, as well as any use by its Users or facilitated by Client or its Users, is subject to the following restrictions: (i) Client must comply with all applicable laws and regulations; (ii) Client shall not use the GenAI Features to develop competing GenAI models, machine learning models, or related technologies; (iii) Client's use must not infringe upon, misappropriate, or violate any rights of HealthJoy or any other person or entity; and (iv) Client shall not utilize the GenAI Features or Content to make, or as a significant factor in making, critical decisions that impact material or individual rights or well-being (including, but not limited to, financial, legal, educational, employment, healthcare, housing, insurance, or social welfare decisions). Client further agrees not to input or enter any of HealthJoy's Confidential Information into any generative artificial intelligence model, including, without limitation, any machine learning models.
         11. Miscellaneous.
             1. If Reseller does not pay all amounts due and payable pursuant to the terms of the Agreement, the Client's subscription to the MSK Program may be suspended or terminated pursuant to the terms of this Agreement.
             2. The Term of the subscription to the MSK Program matches the Term in the Agreement and shall be coterminous with the expiration of the Term or the termination of the Agreement pursuant to the terms of the Agreement or the applicable Pass-Through Terms signed by a Client. Notwithstanding the foregoing, but subject to receipt by HealthJoy of any corresponding amounts of compensation applicable for the MSK Program, HealthJoy will continue to provide the MSK Program to each Client and Member currently enrolled and eligible to receive the MSK Program and identified by HealthJoy until such date as mutually agreed upon between HealthJoy and Reseller.
             3. Client understands and acknowledges that Reseller shall provide HealthJoy with a list of Client’s benefits-eligible individuals.
             4. Client understands that HealthJoy, as the service provider of the MSK Program, shall have sole and absolute discretion in product decisions and may choose to discontinue components of the MSK Program or otherwise modify the MSK Program designs, specifications, content, or offerings at any time and without liability to Client.
             5. Client shall comply with all laws, regulations, rules, and ordinances applicable to its performance under the Agreement and its offering of the MSK Program to its Employees and Members.
             6. Client and its Members shall not provide any “personal data” as regulated by the General Data Protection Regulation (EU) (GDPR). Client will indemnify and hold HealthJoy, its affiliates, directors, officers, and employees harmless from any fines, fees, claims, damages, or costs in the event that Client or its Members provide or input any “personal data” as regulated by the GDPR to HealthJoy or the MSK Program.
             7. IN ADDITION, HEALTHJOY MAKE NO EXPRESS WARRANTIES, AND HEREBY EXCLUDES AND DISCLAIMS IN ENTIRETY ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED BY HEALTHJOY. IN NO EVENT SHALL HEALTHJOY BE LIABLE FOR ANY LOST PROFITS, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THIS TERMS AND CONDITIONS (EVEN IF HEALTHJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES OR ANY OTHER GOODS OR PRODUCTS FOR ANY REASON AND FOR ANY PURPOSE WHATSOEVER (EVEN IF HEALTHJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). ANY ACTION FOR BREACH OF ANY TERM OF THIS TERMS AND CONDITIONS MUST BE COMMENCED WITHIN THE LIMITS IMPOSED BY THE APPLICABLE STATUTE OF LIMITATIONS. In no event shall HealthJoy have any liability to Client. Client’s remedies for any breach of or liability arising under the HealthJoy Agreement shall be solely against Reseller and Client is not a third-party beneficiary of any agreement between Reseller and HealthJoy.

End of MSK Therapy Program Terms and Conditions