Terms of Service

Introduction

Welcome to Brella Health ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our screening tools, doctor's note services, AI interpretation features, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Description of Services

Brella Health provides multilingual medical screening tools for healthcare companies and medical providers. Our Services include, but are not limited to, patient screening questionnaires, doctor's notes generation, AI-powered interpretation of medical data, and related healthcare documentation tools. Our Services are designed to assist healthcare providers and are not intended to replace professional medical judgment.

Acceptance of Terms

By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

Eligibility

Our Services are intended for use by licensed healthcare providers, medical companies, and their authorized personnel. By using our Services, you represent and warrant that you have the legal authority to enter into these Terms and that you will use the Services in compliance with all applicable laws and regulations, including but not limited to HIPAA and other healthcare privacy laws.

Data Storage and Liability

IMPORTANT: Our Services store Protected Health Information (PHI) and other sensitive patient data on your organization's devices and systems. You acknowledge and agree that:

• Brella Health is not liable for any data stored incorrectly, lost, or compromised on customer systems or devices. It is your sole responsibility to ensure proper data storage, backup procedures, device security, and compliance with all applicable data protection regulations.
• You are responsible for maintaining the security of all devices and systems on which our Services store data, including implementing appropriate physical, technical, and administrative safeguards.
• Brella Health provides the software tools, but does not control how data is stored, accessed, or managed on your systems. Any data loss, corruption, or unauthorized access resulting from your systems or practices is not our responsibility.

Communications and Consent

By creating an account and using our Services, you expressly agree and consent to receive communications from Brella Health, including but not limited to:

• By providing your phone number, you agree to receive text messages (SMS) from Brella Health. Msg & data rates may apply. You will always have the option to reply STOP to permanently unsubscribe.
• Email communications to the email address you provide, including product updates, feature announcements, newsletters, and important notices regarding your account

You acknowledge that standard message and data rates may apply to text messages. You may opt out of non-essential communications at any time by following the unsubscribe instructions in our emails or by contacting us directly. However, you may not opt out of critical service-related communications necessary for the operation of your account.

User Responsibilities

You agree to:

• Use the Services only for lawful purposes and in accordance with these Terms
• Maintain the confidentiality of your account credentials and restrict access to your account
• Ensure that all information you provide is accurate, current, and complete
• Comply with all applicable federal, state, and local laws, including HIPAA and other healthcare regulations
• Notify us immediately of any unauthorized access to or use of your account

HIPAA Compliance

You acknowledge that you are solely responsible for ensuring compliance with HIPAA and all other applicable healthcare privacy and security regulations. While Brella Health takes reasonable measures to support your compliance efforts, we do not guarantee compliance with any specific legal requirements. It is your responsibility to implement appropriate policies, procedures, and safeguards for handling PHI.

AI-Generated Content

Our Services may include AI-powered interpretation and analysis features. You acknowledge that AI-generated content is provided as a tool to assist healthcare professionals and should not be relied upon as the sole basis for medical decisions. All AI-generated content should be reviewed and verified by qualified healthcare professionals before use in patient care.

Intellectual Property

All content, features, and functionality of our Services, including but not limited to software, text, graphics, logos, and trademarks, are owned by Brella Health or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for their intended purposes.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRELLA HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR DAMAGES RESULTING FROM DATA STORED INCORRECTLY ON CUSTOMER SYSTEMS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BRELLA HEALTH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification

You agree to indemnify, defend, and hold harmless Brella Health, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of another party.

Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice. Upon termination, your right to use the Services will immediately cease. You may terminate your account at any time by contacting us. Please note that data stored on your devices will remain on those devices unless you delete it.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our platform and updating the "Updated" date above. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Brella Health is registered, without regard to conflict of law principles.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

If you have any questions or concerns about this Privacy Policy, please contact us