Terms of Service

Effective Date: April 20, 2025

Welcome to TeyaHealth ("Platform"), a HIPAA-compliant healthcare technology service operating under United States federal and state healthcare laws. These binding Terms of Service govern access to and use of our platform by Covered Entities and Business Associates as defined under 45 CFR § 160.103.

1. Acceptance of Terms

By accessing the Platform, you affirm:

• You are a licensed healthcare provider or authorized representative
• You agree to comply with HIPAA Security Rule (45 CFR Part 164)
• You accept HITECH Act breach notification requirements

2. Service Description

TeyaHealth provides ONC-certified health IT modules for:

• Clinical decision support (CDS) under 21 CFR § 890.2050
• Electronic Protected Health Information (ePHI) management
• Quality reporting under MACRA regulations
• CMS-approved interoperability solutions

3. User Obligations

• Maintain NPI verification for all provider accounts
• Implement two-factor authentication per NIST SP 800-63B
• Conduct annual HIPAA security risk assessments
• Report breaches within 60 days per 45 CFR § 164.408

4. Medical Device Disclaimers

FDA Compliance Notice:

• Platform components are Class I exempt per 21 CFR § 880.6310
• AI algorithms validated per FDA Software as a Medical Device (SaMD) framework
• Not intended for emergency medical decision-making

5. Data Governance

• BAA executed per 45 CFR § 164.504(e)
• AES-256 encryption meeting FIPS 140-2 standards
• Audit trails maintained for 6 years per 45 CFR § 164.316
• Data sovereignty within U.S. AWS regions

6. Liability Provisions

Exclusions under 42 USC § 1320d-5:

• No liability for incidental PHI disclosures
• Maximum liability capped at last 12 months' fees
• Force majeure coverage for public health emergencies

7. Dispute Resolution

• Mandatory arbitration per AAA Healthcare Rules
• Venue: Federal courts in Massachusetts
• No class actions permitted

8. Termination Protocols

• 30-day cure period for HIPAA violations
• Data return per 45 CFR § 164.504(e)(2)(ii)(J)
• Continued PHI archiving per state retention laws

9. State Law Addendums

• CA: CCPA exemption for PHI (Civil Code § 1798.145(c))
• TX: Compliance with Texas Medical Records Privacy Act
• NY: Adherence to SHIELD Act security requirements

10. Payment Terms

• CMS billing compliance under 42 CFR § 424.510
• No surprise billing per No Surprises Act
• HIPAA-compliant payment processing

11. Audit Rights

You agree to:

• OCR compliance audits per 45 CFR § 164.308(a)(8)
• Annual SOC 2 Type II reviews
• HITRUST CSF certification maintenance

12. Survival Clauses

The following provisions survive termination:

• HIPAA obligations (45 CFR § 164.532)
• Limitation of liability
• Audit requirements

13. SMS Terms & Conditions

• SMS Consent Communication:
  The phone numbers obtained during the SMS consent process will not be shared with third parties for marketing purposes.
• Types of SMS Communications:
  If you have consented to receive SMS messages from TeyaHealth, you may receive communications such as:
  • Appointment reminders
  • Follow-up messages
  • Billing inquiries
• Message Frequency:
  The number of messages may vary based on the type of communication. You may receive up to 2 SMS messages per week related to your appointments, billing, or account activity.
  
• Potential Fees for SMS Messaging:
  Standard message and data rates may apply based on your mobile carrier's pricing. Rates may differ for domestic vs. international messages.
• Opt-In Methods:
  You may opt in to receive SMS communications from TeyaHealth by:
  • Verbally providing consent during a conversation
• Opt-Out Method:
  To stop receiving SMS messages, reply "STOP" to any message. You may also contact us directly to be removed from the SMS list.
• Help and Support:
  For assistance, reply "HELP" or contact us at contact@teyahealth.com.
• Additional Options:
  If you do not wish to receive SMS messages, simply do not check the SMS consent box on our forms.
• Standard Messaging Disclosures:
  • Message and data rates may apply
  • You can opt out at any time by texting "STOP"
  • For help, text "HELP" or visit our Privacy Policy and Terms and Conditions
  • Message frequency may vary