Terms of Service
Last Modified: January 31, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE WEBSITE OR ANY OTHER SERVICES OFFERED BY COLLA HEALTH INC., YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
1. ACCEPTANCE OF TERMS
1.1. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Colla Health Inc., including its affiliated professional corporations and managed service organization (collectively, "Colla Health," "Company," "we," "us," or "our"), governing your access to and use of our website located at www.collahealth.com, including all subdomains thereof, and any other websites operated by us (collectively, the "Website"), our mobile applications ("Apps"), and all services, features, products, content, and applications offered by Colla Health (collectively with the Website and Apps, the "Services").
1.2. By using the Services, you represent and warrant that you are at least 18 years old and possess the legal authority to enter into these Terms and to be bound by them. If you are accepting these Terms on behalf of an entity or organization, you represent and warrant that you have the authority to bind such entity or organization to these Terms.
2. DESCRIPTION OF SERVICES
2.1. Colla Health provides behavioral health integration services through a collaborative care model, including but not limited to: a) Brief behavioral health intervention, psychiatric consultation, and care coordination services b) Provider communication platforms c) Patient engagement tools d) Appointment scheduling capabilities e) Healthcare information management f) Telehealth services where applicable g) Electronic communications regarding healthcare services h) Integration with third-party healthcare service providers.
2.2. The Services are not intended to provide medical advice or establish a physician-patient relationship. Any medical decisions should be made in consultation with your healthcare provider.
3. PRIVACY AND PROTECTED HEALTH INFORMATION
3.1. Our Privacy Policy, available at collahealth.com/privacy-policy, is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.
3.2. Protected Health Information: a) We maintain compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations with Colla Health, inc. acting as a Business Associate to affiliated practices b) Each affiliated practice as a Covered Entity maintains its own Notice of Privacy Practices that describes how they may use and disclose protected health information. Colla Health, Inc. handles protected health information in accordance with these Notices of Privacy Practices and our Business Associate Agreements with affiliated practices c) You acknowledge that electronic communications may not be secure, despite security measures implemented by Colla Health, Inc. and affiliated practices d) As a Business Associate, Colla Health, Inc. implements appropriate administrative, physical, and technical safeguards to protect information in accordance with HIPAA requirements and our Business Associate Agreements.
4. USER ACCOUNTS AND REGISTRATION
4.1. Account Creation: a) You may need to create an account to access certain features of the Services b) You must provide accurate, current, and complete information c) You are responsible for maintaining the confidentiality of your account credentials d) You agree to notify us immediately of any unauthorized access to your account.
4.2. Account Security: a) You are solely responsible for all activities that occur under your account b) You must select and maintain secure password credentials c) You may not share or transfer your account to any third party d) We reserve the right to suspend or terminate accounts that violate these Terms.
5. THIRD-PARTY SERVICES AND INTEGRATIONS
5.1. The Services may integrate with or enable access to third-party services, including but not limited to: a) Electronic health record systems b) Payment processors c) Appointment scheduling services d) Communication service providers e) Healthcare provider networks f) Insurance verification services.
5.2. Third-Party Terms: a) Your use of third-party services may be subject to additional terms and conditions b) We are not responsible for third-party services or their terms c) You acknowledge that we may share information with third parties as described in our Privacy Policy d) We make no warranties regarding third-party services.
5.3. Third-Party Data Protection: a) We require our third-party service providers who may access, receive, maintain or transmit protected health information to enter into Business Associate Agreements in accordance with HIPAA requirements b) Such third parties are contractually obligated to implement appropriate safeguards to protect your information and comply with applicable privacy and security laws c) While we carefully select our third-party service providers and require appropriate security measures through our agreements with them, we cannot guarantee their compliance and are not responsible for any unauthorized access, use, or disclosure of information by such third parties d) You acknowledge that once information is shared with or transmitted to a third party in accordance with your authorization or these Terms, that third party's privacy practices will govern the handling of such information.
6. ELECTRONIC COMMUNICATIONS AND CONSENT
6.1. By using the Services, you consent to receive communications from us electronically, including: a) Appointment reminders b) Healthcare notifications c) Service updates and announcements d) Administrative communications e) Marketing communications (subject to your opt-out rights as applicable).
6.2. Communication Methods: a) Email b) SMS text messages c) Push notifications d) In-app messages e) Automated telephone calls.
6.3. You acknowledge that: a) Message and data rates may apply, b) Communication delivery is not guaranteed, c) Carriers are not liable for delayed or undelivered messages, d) Communications may contain sensitive health information, e) You must keep your contact information current, f) Message frequency varies by user, and g) Communications may take place outside of normal business hours.
6.4 Opt-Out: If you have questions about messaging or wish to opt-out, Text HELP for help or Text STOP to unsubscribe. You may continue to receive Site-related, Services-related, and other non-marketing communications.
7. TELEHEALTH SERVICES
7.1. Telehealth Limitations: To the extent Telehealth services are offered, You acknowledge that a) Not all conditions are appropriate for telehealth b) Emergency conditions require in-person care c) Service availability varies by state d) Technical difficulties may affect service delivery.
7.2. Telehealth Consent: a) You must provide informed consent before receiving telehealth services b) You acknowledge the risks and benefits of telehealth c) You agree to seek emergency care when appropriate d) You understand the limitations of remote care.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Ownership: a) All content, features, and functionality of the Services are owned by Colla Health or its licensors b) The Services are protected by copyright, trademark, and other intellectual property laws c) No rights or licenses are granted except as explicitly stated in these Terms.
8.2. Restrictions: a) You may not copy, modify, or create derivative works b) You may not reverse engineer the Services c) You may not remove copyright or trademark notices d) You may not use the Services for commercial purposes without our consent.
9. USER CONDUCT AND PROHIBITED ACTIVITIES
9.1. You agree not to: a) Violate any applicable laws or regulations b) Infringe upon intellectual property rights c) Transmit harmful code or materials d) Interfere with the operation of the Services e) Attempt to gain unauthorized access f) Use the Services for fraudulent purposes g) Harass or harm others h) Submit false or misleading information.
9.2. Information Submission Standards: a) All information submitted through the Services must be complete, current, and accurate, including but not limited to medical history, current medications, allergies, insurance information, and contact details b) You must promptly update any information that changes to maintain accuracy of your healthcare records c) You must not provide false or misleading information about your identity, medical condition, or insurance coverage d) You must not submit information about another person without proper legal authorization e) When scheduling appointments or requesting services, you must provide accurate symptoms and concerns to enable proper triaging and care coordination f) You must accurately represent your relationship to the patient when acting as a personal representative or authorized caregiver g) Insurance information, including member ID, group numbers, and coverage details, must be current and verified h) You must provide accurate pharmacy information for any prescription-related services i) Emergency contact information must be kept current and accurate j) Any documents uploaded to the Services, such as previous medical records or insurance cards, must be authentic and unaltered.
10. DISCLAIMER OF WARRANTIES
10.1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
10.2. WE SPECIFICALLY DISCLAIM: A) WARRANTIES OF MERCHANTABILITY B) FITNESS FOR A PARTICULAR PURPOSE C) NON-INFRINGEMENT D) ACCURACY OF CONTENT E) AVAILABILITY OR RELIABILITY F) SECURITY MEASURES
11. LIMITATION OF LIABILITY
11.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COLLA HEALTH BE LIABLE FOR: A) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES B) LOST PROFITS OR REVENUE C) LOSS OF DATA OR CONTENT D) BUSINESS INTERRUPTION E) PERSONAL INJURY OR DEATH F) ANY DAMAGES EXCEEDING THE AMOUNT PAID TO US IN THE PAST 6 MONTHS.
12. INDEMNIFICATION
12.1. You agree to indemnify, defend, and hold harmless Colla Health and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: a) Your use of the Services b) Your violation of these Terms c) Your violation of any rights of third parties d) Your conduct in connection with the Services.
13. TERM AND TERMINATION
13.1. Term: a) These Terms remain in effect while you use the Services b) You may terminate your use at any time c) We may terminate or suspend your access at any time d) Certain provisions survive termination.
13.2. Effects of Termination: a) Your access to the Services will cease immediately upon termination b) We will retain and maintain your medical records in accordance with applicable state and federal laws, including but not limited to HIPAA and state medical record retention requirements c) We will maintain records of healthcare services provided, billing information, and insurance claims as required by law and in accordance with standard business practices d) You maintain the right to request copies of your medical records as permitted by law, even after termination e) We will retain certain non-medical information as necessary for business operations, legal compliance, audit requirements, and resolution of any outstanding matters f) Information shared with third-party service providers (such as pharmacies or laboratories) will remain in their records according to their retention policies g) Any outstanding payment obligations or unresolved billing matters will remain in effect h) Provisions related to privacy, security, indemnification, and liability limitations survive termination i) Termination does not affect any legal rights or obligations that arose prior to termination.
14. CHANGES TO TERMS OR SERVICES
14.1. We reserve the right to: a) Modify these Terms at any time b) Change, suspend, or discontinue the Services c) Change fees or charges d) Limit or change features or functionality.
14.2. Changes to Terms: a) We may update these Terms at any time in our sole discretion b) Updates will be effective immediately upon posting to the Services unless otherwise stated c) Your continued use of the Services following any changes constitutes acceptance of such changes d) We encourage you to review the Terms periodically e) Where legally required, we will provide notice of material changes through the Services or via other reasonable means f) If you do not agree with the updated Terms, you must discontinue using the Services.
15. GOVERNING LAW AND JURISDICTION
15.1. These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions.
15.2. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Delaware.
16. REGULATORY ACKNOWLEDGMENTS
16.1. You acknowledge that: a) The Services are subject to various healthcare laws and regulations b) Nothing in these Terms is intended to alter, waive, or supersede any applicable regulatory requirements c) Your use of the Services must comply with all applicable laws and regulations d) You are responsible for understanding and complying with laws applicable to your use of the Services.
16.2. Your obligations include: a) Providing accurate and complete information b) Maintaining appropriate authorization for any actions taken on behalf of others c) Using the Services only for legitimate healthcare purposes d) Protecting any credentials or access provided through the Services.
17. SERVICE AVAILABILITY AND JURISDICTIONAL LIMITATIONS
17.1. Healthcare Services: a) Clinical services, including but not limited to medical care, prescriptions, and treatment, are provided only through appropriately licensed healthcare providers b) The availability of clinical services is limited to jurisdictions where affiliated professional corporations maintain appropriate licensure and authorization c) You acknowledge that not all services may be available in all locations.
17.2. Website Access: a) General information provided through the Website is available regardless of your location b) You may access and use the non-clinical features of the Website, including educational materials and general healthcare information c) Educational materials and general healthcare information provided through the Website are for informational purposes only and are not intended as medical advice, diagnosis, or treatment for any individual d) The availability of specific features or functionalities may vary based on your location and applicable laws.
17.3. You are responsible for: a) Understanding which services are available in your jurisdiction b) Ensuring you only seek clinical services in jurisdictions where our providers are licensed c) Complying with any applicable local laws regarding the access and use of healthcare-related information.
18. CONTACT INFORMATION
18.1. Questions about these Terms should be directed to:
Colla Health Inc. 5312 Blossom St Houston Tx 77007 Email: contact@collahealth.com
19. ACKNOWLEDGMENT
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
Last Updated: January 31, 2025
Colla Health, Inc. provides administrative and operational support services to independent medical practices. All medical and clinical services are delivered by independent licensed professionals affiliated with the practices we support.