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Oscar reserves the right to modify these Terms at any time, with notice of material changes provided via on-site notice, email, or other means. Continued use of the Services after changes take effect constitutes acceptance of the updated terms.
This analysis describes what Oscar Health's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that Oscar can unilaterally modify the Terms and that continued use of the Services after modification constitutes binding acceptance of the new terms. Users who disagree with updated terms must cease using the Services.
Under this clause, continued use of Oscar's digital Services after any Terms update constitutes acceptance of the revised terms. The agreement states that material changes will be communicated via on-site notice or email, but continued platform access after the effective date binds users to all changes.
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"We reserve the right to change the Terms at any time, but if we make any material changes, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don't agree with the new Terms, you are free to reject them, but you may no longer be able to use some or all of the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.Excerpt from Oscar Health's Terms of Use
1. REGULATORY LANDSCAPE: Unilateral modification clauses in consumer contracts engage FTC consumer protection principles and state contract law. Some state courts have found that continued use alone does not constitute valid acceptance of material contract changes, particularly in consumer contexts. 2. GOVERNANCE EXPOSURE: Medium. The absence of an affirmative consent mechanism for material Term changes means users may be bound to significant changes, including those affecting arbitration rights or data use, without explicit agreement beyond continued Service use. 3. JURISDICTION FLAGS: California and New York courts have addressed the adequacy of continued-use acceptance mechanisms for contract modifications, with outcomes depending on the materiality of changes and adequacy of notice. Jurisdictions requiring affirmative consent for material changes to consumer contracts create heightened exposure. 4. CONTRACT AND VENDOR IMPLICATIONS: Any downstream contracts or B2B arrangements referencing Oscar's Terms of Service should include provisions addressing the impact of unilateral modifications on the commercial relationship. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the notice mechanism described (on-site notice or email) satisfies applicable consumer notification requirements for material contract changes, particularly where changes affect arbitration provisions or data rights.
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This provision establishes that Oscar can unilaterally modify the Terms and that continued use of the Services after modification constitutes binding acceptance of the new terms. Users who disagree with updated terms must cease using the Services.
Under this clause, continued use of Oscar's digital Services after any Terms update constitutes acceptance of the revised terms. The agreement states that material changes will be communicated via on-site notice or email, but continued platform access after the effective date binds users to all changes.
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