Terms of Use

Terms of Use

 

Terms of Use for Therapyapphome.com and TherapyApp – Please Read

 

Thank you for visiting (the “Site”) or using TherapyApp (the “App”). This Site and App are powered by TherapyApp, LLC (“TherapyApp”) and made available by TherapyApp as a service. All content, information, and services provided on and through our Site or App may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). As used herein, the terms “our,” “we,” and “us” refer to TherapyApp, LLC.

 

YOUR USE OF OUR SITE OR APP CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE AND/OR APP. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE OR APP.

 

1. SITE AND/OR APP USE GENERALLY

 

1.1. Your User License

You are granted a limited, nonexclusive, nontransferable license to access the Site and/or App and its content in accordance with these Terms. If you are under 18, you may use our Site and/or App only with the involvement of a parent or guardian. Our Site is hosted in the United States and contains information that is appropriate for access and use in the United States.  We make no representation that any materials on the Site or contained in the App are appropriate or available for use outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this Site or use the App from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.

We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site and/or App, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site and/or App..

1.2. Limitations on Your Use

No material from our Site and/or App may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without our prior written permission. You may not, without our prior written permission, frame or mirror any material contained on this Site and/or App on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to Amway or its licensors.

1.3. Privacy and Your Personal Information

Your use of our Site and/or App is also subject to the terms of our Privacy Policy. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide (“Content”) in accordance with the terms of, and for the purpose set forth in, our Privacy Policy.

1.4. Site Identifiers

It is your responsibility to safeguard the password you use to access our Site and/or App, and to promptly advise us if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any and all use of our Site and/or App conducted with your identification number and password.

1.5. Links to Other Websites

Our Site and/or App contains links to other websites for your information and convenience. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Site and/or App.

1.6. Intellectual Property Rights

1.6.1. Copyright

The Site and/or App design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site and/or App are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site and/or App does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site and/or App. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission.

1.6.2. Trademark

Our name, logo, and all other trademarks, unless otherwise noted, are trademarks and/or trade dress of TherapyApp, LLC in the United States, or its affiliates or other companies under common ownership or control or their licensors (the “Marks”). The use or misuse of any Marks or any other materials contained on the Site and/or App, without the prior written permission of their owner, is expressly prohibited.

1.7  Termination

These Terms are effective until terminated by us. Your rights under these Terms will terminate automatically if you fail to comply with any of its terms.

 

2. PASSWORD AND SITE ACCESS

You are solely responsible for the security of online access to the Site, App, and your Account, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your “Account”). You should not share your password or login information with any other person or entity.

Contact TherapyApp immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your account at the end of each session.  You are and will be responsible for all activities conducted on and with the Site and App that make use of your Account information, and for any charges or fees incurred by the use of that Account information, including any use you may subsequently contend was not authorized by you. TherapyApp and your provider may justifiably assume that any communication or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.

 

3. YOUR CONDUCT

 

3.1. Your Authorization to Use the Site and/or App. Your authorization to use the Site and/or App depends on your compliance with the guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or App and/or take other appropriate measures to enforce the guidelines.

3.2.  Guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site and/or App. You agree not to:

3.2.1. upload, post, transmit, or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;

3.2.2. harm minors in any way;

3.2.3. impersonate any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3.2.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information posted, transmitted, or otherwise made available through the Site and/or App;

3.2.5. upload, post, or otherwise transmit any information that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

3.2.6. upload, post, or otherwise transmit any information or otherwise engage in any activity that infringes, violates, or interferes with any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

3.2.7. upload, post, or otherwise transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, “chain letters,” or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;

3.2.8. upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;

3.2.9. interfere with or disrupt the Site and/or App, servers, or networks connected to the Site and/or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

3.2.10. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the Department of Health and Human Services, and any regulations having the force of law;

3.2.11. “stalk” or otherwise harass another;

3.2.12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

3.2.13. offer for sale or sell any item, good, or service through our Site and/or App;

3.2.14. use the Site and/or App as a forwarding service to another website;

3.2.15. allow usage by others in such a way as to violate these Terms;

3.2.16. take any steps to interfere with or in any manner compromise any of our security measures;

3.2.17. use the site for fraudulent purposes;

3.2.18. harvest or collect any information about or regarding other users, including, without limitation, any personal data or information;

3.2.19. sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third-party website or service;

3.2.20. copy the Site and/or App or any portion thereof (other than as provided under United States copyright laws);

3.2.21. remove any proprietary notices from the Site and/or App;

3.2.22. cause, permit, or authorize the modification, creation of derivative works, or translation of the Site and/or App without our express permission;

3.2.23. sell, assign, rent, lease, act as a service bureau, or grant rights in the Site and/or App including, without limitation, through sublicense, to any other person or entity;

3.2.24. attempt to decompile, reverse engineer, disassemble, modify, or hack the Site and/or App or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the Site and/or data transmitted, processed, or stored by us or the Site and/or App;

3.2.25. use the Site and/or App in any manner not permitted by this policy, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).

 

4. SITE AND/OR APP WARRANTY DISCLAIMER & INDEMNIFICATION

 

OUR SITE AND/OR APP AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE AND/OR APP OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE AND/OR APP. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE AND/OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE AND/OR APP IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.

 

Access to the Site and App is to be provided over various facilities and communications lines, and information shall be sent over local exchange carrier and Internet backbone carrier lines and through routers, switches, and other devices (collectively, “Carrier Lines”) owned, maintained, and serviced by third-party carriers, utilities, and Internet Service Providers, all of which are beyond our control.  We assume no liability and do not make any warranties relating to the integrity, privacy, security, confidentiality, or use of any information while it is sent over those Carrier Lines.  Use of the Carrier Lines is solely at your risk and is subject to all applicable laws.

You agree to indemnify and hold TherapyApp, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of this Site and/or App, your connection to the Site and/or App, your violation of these Terms or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms, whether you are a registered user or not. You are solely responsible for your actions when using the Site and/or App, including, but not limited to, costs incurred for Internet access.

 

5. MESSAGING

The Site and App may permit messaging between patients and providers or between providers.  You represent and warrant that you have any required authorizations and consents to send and/or receive information, including any Content, via the Site and/or App.

 

6. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR APP (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THERAPYAPP’S CUMULATIVE LIABILITY TO YOU EXCEED THE LESSER OF (I) FEES PAID BY YOU, IF ANY, TO THERAPYAPP IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (II) $100.

 

7. GENERAL TERMS

 

7.1. Errors and Corrections

While we use reasonable efforts to include accurate and current information on our Site and/or App, we do not warrant or represent that the Site and/or App will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site and/or App, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s and/or App’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section, below, and we’ll verify it for you.

7.2. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Michigan, USA, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site and/or App shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Kent County, Michigan, USA. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.

7.3. Changes to These Terms

We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site and/or App after any changes to the Terms constitutes your consent to such changes.

7.4.  Additional Terms for Providers

If you are a health provider user of Site or App, additional terms available here apply.

7.4. Non-disparagement

Each party agrees that it will not at any time make, publish or communicate to any person or entity any disparaging or defamatory statements regarding the other party and such party’s affiliates, directors, officers, agents, partners, stockholders or employees, either publicly or privately.

Contact Us

If you have any concerns about the Site and/or App or these Terms, please send us an e-mail or call us at the below number: We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Contact us via email at: info@therapyapphome.com or phone at: 269.443.0099.

 

Additional Terms for Providers

1. You agree that you are responsible for obtaining any required authorization or consent from any individual whose PHI you send, receive, find or use through the Site and/or App. You are responsible for allowing access to patient information only as authorized by such patient or applicable law. With respect to those activities involving the use or disclosure of PHI (as that term is defined in Attachment A), each party shall comply with the Business Associate Addendum attached hereto as Attachment A. In addition to those requirements under Attachment A, in the event you sends or receives information for which you are not authorized to send or receive, you will immediately inform TherapyApp.
2. You are solely responsible for all decisions and actions taken or not taken involving patient care, utilization management, and quality management for your patients and clients resulting from, or in any way related to, the use of the Site and App. TherapyApp does not assume any role in the care of any patient.
3. You shall be responsible for maintaining a secure environment to connect to the Site and App which permits compliance with Attachment A and all applicable laws.
4. TherapyApp will use commercially reasonable efforts to ensure that the Site and App are available 99% of the business hours in any month. TherapyApp will not be liable for any failure to meet the foregoing if TherapyApp’s failure is caused by (a) your modification of the Site or App; (b) your use of the Site or App in a manner that is not allowed under these Terms; or (c) use of the Site or App by an unauthorized person. 

5. All information that is made available through the Site and App is subject to change arising from numerous factors, including changes to patient health information made at the request of the patient, changes in the patient’s health condition, the passage of time and other factors. You acknowledge that information received might not include an individual’s full and complete medical record or history.  THERAPYAPP SHALL HAVE NO RESPONSIBILITY FOR OR LIABILITY RELATED TO THE ACCURACY, CONTENT, CURRENCY, COMPLETENESS, OR DELIVERY OF ANY INFORMATION PROVIDED THROUGH THE SITE AND/OR APP. 

6. Fees for use of the Site and/or App as well as any training materials or additional services are set forth here. TherapyApp may modify such fees from time to time in its sole discretion.  Any modification to the fees shall take effect at the start of the next billing cycle.

7. TherapyApp will maintain in force, either through a reasonable program of self-insurance or through commercial insurance, at a minimum the following insurance coverage: privacy and network security (cyber liability) insurance covering loss or disclosure of user information in the amount of $1 million annual aggregate.

 

 

Appendix A

Business Associate Addendum

This Business Associate Addendum (“Addendum”) applies to the services TherapyApp, LLC (“TherapyApp”) offers to its health provider user. Throughout this Addendum, the term “Covered Entity” refers to you, and the term “Agreement” refers to the terms that you accept when you choose to use the Site and/or App.

 

1. DEFINITIONS.

As used in this Addendum:

1.1.      The term “HIPAA” shall mean the Administrative Simplification provisions in Title II, Subtitle F of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91, as amended, and all regulations promulgated thereunder including those at 45 CFR Parts 160, 162 and 164. A reference to the “Privacy Rule” refers to the regulations at 45 CFR Part164 Subpart E.

1.2.      “PHI” shall have the same meaning as the term “protected health information” in 45 CFR § 160.103, limited to the information that TherapyApp accesses, creates, maintains, transfers, retains, modifies, records, stores, destroys or otherwise holds, uses or discloses on behalf of Covered Entity.

1.3.      Terms used, but not otherwise defined, in this Addendum shall have the same meaning as defined under HIPAA.

 

2. OBLIGATIONS AND ACTIVITIES OF THERAPYAPP.

TherapyApp agrees that to the extent that it creates, maintains, receives or transmits PHI on behalf of Covered Entity, TherapyApp will comply with the following requirements.

2.1.      Except as otherwise limited in this Addendum, TherapyApp may use or disclose PHI on behalf of or to provide the services requested by Covered Entity pursuant to Covered Entity’s Agreement with TherapyApp, provided that such use or disclosure of PHI would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity as communicated to TherapyApp. In performing such services, TherapyApp will comply with all Privacy Rule requirements that would apply to Covered Entity if Covered Entity were performing such services.

2.2.      TherapyApp may use PHI for the proper management and administration of TherapyApp or to carry out its legal responsibilities and, except as otherwise limited in this Addendum disclose PHI for the proper management and administration of TherapyApp, provided that such disclosures are required by law or TherapyApp obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies TherapyApp of any instances of which it is aware in which the confidentiality of the information has been breached. TherapyApp may also provide aggregation services to Covered Entity in conformance with HIPAA requirements.  TherapyApp may deidentify any PHI in accordance with the Privacy Rule and use such deidentified information for any lawful purpose.

2.3.      TherapyApp, including its directors, officers, employees, contractors and agents shall not use or further disclose PHI other than as permitted or required by the Agreement, this Addendum or as Required By Law. TherapyApp will use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Addendum. TherapyApp will report to Covered Entity any use or disclosure of the PHI not provided for by this Addendum of which it becomes aware, or of any act or omission that violates the terms of this Addendum, and will mitigate, to the extent practicable, any harmful effect that is known to TherapyApp of a use or disclosure by TherapyApp in violation of the requirements of this Addendum.

2.4.      TherapyApp agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by TherapyApp on behalf of Covered Entity, agrees in writing to the same restrictions and conditions that apply through this Addendum to TherapyApp with respect to such information.

2.5.      TherapyApp agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by TherapyApp on behalf of Covered Entity, available to the Secretary of Health and Human Services (“Secretary”) or his designee, in a time and manner designated by the Secretary, for purposes of the Secretary determining Covered Entity’s compliance with HIPAA.

2.6.      TherapyApp will document disclosures of PHI necessary to permit Covered Entity to respond to an individual’s request for an accounting in accordance with 45 CFR § 164.528 and will provide such information to Covered Entity within forty (40) days of the Covered Entity’s request. If TherapyApp maintains information in a Designated Record Set, TherapyApp will also provide information upon request from Covered Entity so that Covered Entity may timely respond to requests for access under 45 CFR § 164.524 and amend PHI in accordance with 45 CFR § 164.526.

2.7.      In the event TherapyApp receives a subpoena, court or administrative order or other discovery request required by law for release of PHI, TherapyApp will notify Covered Entity prior to release of PHI if permitted by law and respond as permitted by HIPAA.

2.8.      TherapyApp will not make any communications to individuals in violation of the restrictions on marketing in 45 CFR § 164.508(a)(3) and will not directly or indirectly receive or provide remuneration in exchange for any PHI in violation of 45 CFR § 164.502(a)(5)(ii).

2.9.      In the event TherapyApp maintains a Designated Record Set on behalf of Covered Entity, TherapyApp agrees to provide access within twenty (20) days of receipt of such request to PHI in a Designated Record Set, to Covered Entity or, if requested by Covered Entity, to an Individual in order to meet the requirements under 45 CFR § 164.524.

2.10.    In the event TherapyApp maintains a Designated Record Set on behalf of Covered Entity, TherapyApp agrees to make any amendment(s) to PHI in a Designated Record Set that Covered Entity agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity or an Individual within twenty (20) days of receipt of such request.  If TherapyApp provides Designated Record Sets to third parties, TherapyApp shall ensure such records are also amended.

2.11.    TherapyApp has implemented administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI that TherapyApp processes on behalf of Covered Entity consistent with HIPAA requirements and will ensure that any agent, including a subcontractor, to whom TherapyApp provides electronic PHI agrees to sign a business associate agreement. TherapyApp will keep records of all security incidents involving PHI of which TherapyApp becomes aware and will report to Covered Entity all significant security incidents of which TherapyApp becomes aware.  Security incidents do not include unsuccessful security attempts to penetrate TherapyApp’s computer networks or servers that are insignificant, trivial and occur on a daily basis, including, but not limited to, pings or scans.

2.12.    TherapyApp will notify Covered Entity without unreasonable delay and in any event within ten (10) business days of discovering an acquisition, access, use or disclosure of PHI in a manner or for a purpose not permitted by the Privacy Rule and within thirty (30) calendar days of discovery will provide Covered Entity with the identification of each individual whose PHI has been or is reasonably believed by TherapyApp to have been acquired, accessed, used or disclosed during such incident.  In the event that a law enforcement official informs TherapyApp that notification to the Covered Entity would impede a criminal investigation or cause damage to national security, TherapyApp shall delay such notification for up to thirty days or the time specified in writing by the law enforcement official. Once TherapyApp has provided notice, TherapyApp will assist Covered Entity in assessing whether the impermissible acquisition, access, use or disclosure of PHI compromises the security or privacy of such PHI.

 

3. OBLIGATIONS OF COVERED ENTITY.

3.1.      Notwithstanding the provisions in section 2.9 of this Addendum, Covered Entity understands and agrees that it is solely responsible for complying with HIPAA requirements with respect to PHI that Covered Entity processes with software provided by TherapyApp that is operating on systems owned or controlled by Covered Entity. Covered Entity also understands and agrees that to the extent that Covered Entity is provided access to systems operated or controlled by TherapyApp, Covered Entity is responsible (a) for safeguarding user IDs, passwords or any other credentials used to access such systems, and (b) for complying with TherapyApp’s security practices for accessing TherapyApp’s systems. Covered Entity will immediately notify TherapyApp if Covered Entity discovers a breach of security on its information systems.

3.2.      Covered Entity shall obtain permission from TherapyApp before agreeing to or implementing any discretionary limitation(s) or restrictions on the use or disclosure of PHI, to the extent that such limitation may affect TherapyApp’s use or disclosure of PHI. TherapyApp shall not be required to grant permission where the additional restriction would result in additional costs or administrative burden to TherapyApp.

3.3.      Covered Entity shall not request TherapyApp to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, except as specifically allowed by section 2.2 of this Addendum.

3.4.      Covered Entity warrants that it is compliant with all applicable HIPAA requirements and has the necessary authority to share PHI with TherapyApp so that TherapyApp may provide the requested services pursuant to the Agreement and this Addendum. Covered Entity further acknowledges that its indemnification obligation under the Agreement extend to Covered Entity’s obligations under this Addendum.

 

4. TERM AND TERMINATION.

4.1.      This Addendum shall be effective as of the date Covered Entity agrees to the services in the Agreement. Upon termination of the Agreement, TherapyApp shall destroy PHI in its possession and require any of its subcontractors or agents to do the same. If destruction is not immediately feasible, including, but not limited to, any document retention requirements under applicable legal, regulatory or contractual obligations, TherapyApp will limit further uses and disclosures of the PHI to those purposes that make destruction infeasible. The obligations under this Addendum will terminate once the PHI has been destroyed.

4.2.      Upon Covered Entity’s knowledge of a material breach of the terms of this Addendum by TherapyApp, Covered Entity shall either: (a) provide TherapyApp thirty (30) days to cure the breach or end the violation and terminate their relationship and this Addendum and the Agreement if TherapyApp does not cure the breach or end the violation within the cure period; or, (b) immediately terminate its relationship with TherapyApp and this Addendum and the Agreement if TherapyApp has breached a material term of this Addendum and cure is not possible.

 

5. MISCELLANEOUS.

5.1.      Amendment. No provision of this Addendum may be modified except by a written document signed by a duly authorized representative of the parties; except that TherapyApp may amend this Addendum as necessary and appropriate to conform with any new or revised HIPAA requirements and, in the event of such an amendment, shall promptly provide notice to the Covered Entity that the Addendum has been amended.

5.2.      Interpretation. Any ambiguity in this Addendum shall be resolved to permit the parties to comply with HIPAA. If there is any inconsistency between the language in the Agreement and this Addendum, the language in this Addendum shall control.

5.3.      Third Party Rights. The terms of this Addendum are not intended, nor should they be construed, to grant any rights to any parties other than TherapyApp and Covered Entity.

 

How to Contact Us

 

TherapyApp, LLC

1111 W Centre Ave

Portage, MI 49024

United States of America

Email: info@therapyapphome.com

Phone: 269.443.0099