Remote Health Care Solutions - Terms of Service

1. Access to Remote Health Care Solutions

Remote Health Care Solutions is a subscription-based remote patient monitoring platform designed for healthcare providers and organizations. To access the Services, you must create an account and agree to abide by these Terms and our Privacy Policy.

Your account credentials are personal to you and may not be shared. You are responsible for maintaining the confidentiality and integrity of your login information and for all activities that occur under your account.

You represent that you are authorized to use the Services on behalf of your healthcare organization and that you have the necessary licenses and credentials to provide healthcare services in your jurisdiction.

2. Use of Services

You agree to:

• Use Remote Health Care Solutions only for lawful healthcare and business purposes;
• Comply with all applicable local, state, federal, and international laws and regulations;
• Comply with HIPAA and other applicable healthcare privacy and security laws;
• Maintain appropriate professional licenses and credentials;
• Use the Services in accordance with professional healthcare standards;
• Avoid any unauthorized, abusive, or harmful use of the Services.

You shall not:

• Reverse engineer, decompile, or disassemble the platform;
• Circumvent any access or security restrictions;
• Use the system for unsolicited communications or spam;
• Share your account credentials with unauthorized individuals;
• Use the Services for any illegal or fraudulent activities;
• Interfere with or disrupt the Services or servers;
• Attempt to gain unauthorized access to other users' data.

3. Healthcare Services and Medical Devices

Remote Health Care Solutions provides technology platforms and tools to support remote patient monitoring. Important limitations and responsibilities:

3.1 Not a Healthcare Provider

Remote Health Care Solutions is a technology service provider and does not provide medical advice, diagnosis, or treatment. You are solely responsible for all clinical decisions and patient care provided through or in connection with the Services.

3.2 Medical Device Integration

Our Services may integrate with various medical devices and monitoring equipment. You are responsible for:

• Ensuring all medical devices are properly calibrated and functioning
• Complying with FDA regulations and device manufacturer instructions
• Maintaining appropriate device certifications and approvals
• Training patients on proper device usage

3.3 Emergency Situations

The Services are not intended for emergency medical situations. You must establish appropriate protocols for handling medical emergencies and ensure patients understand when to seek immediate medical attention.

3.4 Clinical Responsibility

You retain full clinical responsibility for patient care decisions, including:

• Interpreting patient data and readings
• Determining appropriate interventions
• Ensuring timely response to critical values
• Maintaining appropriate clinical documentation

4. HIPAA Compliance and Protected Health Information

Remote Health Care Solutions serves as a Business Associate under HIPAA when processing Protected Health Information (PHI) on behalf of covered entities.

4.1 Business Associate Agreement

By using our Services to process PHI, you acknowledge that a Business Associate Agreement (BAA) is in effect between your organization and Remote Health Care Solutions. The BAA governs how PHI may be used and disclosed.

4.2 HIPAA Compliance Obligations

You agree to:

• Comply with all applicable HIPAA requirements
• Obtain necessary patient authorizations and consents
• Implement appropriate administrative, physical, and technical safeguards
• Report any suspected breaches of PHI to us promptly
• Ensure your staff receive appropriate HIPAA training

4.3 Permitted Uses and Disclosures

We will use and disclose PHI only as permitted by HIPAA, our BAA, and these Terms. We do not use PHI for marketing purposes or share it with third parties except as necessary to provide the Services or as required by law.

5. Communications & Notifications

By creating an account, you agree that we may contact you via email, SMS, or in-app notifications for:

• Administrative and account-related matters
• System alerts and technical notifications
• Clinical alerts and patient monitoring notifications
• Service updates and important announcements
• Billing and payment notifications

You may configure notification preferences within your account settings. However, certain critical system and clinical notifications cannot be disabled as they are essential for patient safety and service operation.

6. Telephony & SMS Services

If you use Remote Health Care Solutions' telephony or SMS notification features:

• You are responsible for compliance with all telecommunication and marketing laws (e.g., TCPA in the U.S.);
• You must obtain appropriate patient consents for SMS communications;
• You understand that these services are not intended for emergency medical communications;
• Standard messaging and data rates may apply to recipients;
• You are responsible for maintaining accurate contact information for patients;
• You must provide patients with clear opt-out instructions for SMS communications.

We reserve the right to suspend telephony or SMS services if we detect potential violations of applicable laws or regulations.

7. Subscription Plans, Usage Limits & Payments

Subscription plans may include usage limits such as number of patients, data storage, API calls, or communication volume. You agree to:

• Pay all applicable fees based on your selected plan
• Stay within usage limits or upgrade your plan as needed
• Authorize us to charge the payment method on file
• Provide accurate billing information and keep it current
• Pay all applicable taxes and fees

Failure to pay fees or comply with usage limits may result in service suspension or termination. All fees are non-refundable unless otherwise specified in writing.

7.1 Billing and Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• Usage-based fees may be billed monthly in arrears
• Late payments may result in service suspension
• We may change pricing with 30 days' notice

8. Data Retention & Termination

We retain your data and PHI in accordance with healthcare record retention requirements and our Privacy Policy.

8.1 Data Retention

• Patient health information is retained for a minimum of 6 years after the last service date
• Account and billing information is retained as required by law
• You may request data export in standard formats
• Data retention periods may be extended by legal or regulatory requirements

8.2 Termination

Either party may terminate these Terms with 30 days' written notice. We may suspend or terminate your access immediately for:

• Material breach of these Terms
• Non-payment of fees
• Violation of applicable laws or regulations
• Actions that compromise patient safety or data security

Upon termination, your access will be deactivated, and data will be handled in accordance with our data retention policies and any applicable legal requirements.

9. Intellectual Property

All trademarks, content, source code, and intellectual property in Remote Health Care Solutions remain the exclusive property of Remote Health Care Solutions or its licensors. You may not reproduce, duplicate, copy, sell, or exploit any part of the Service without express written permission.

You retain ownership of any patient data, clinical information, or other content you input into the Services. By using the Services, you grant us a limited license to process this data solely to provide the Services to you.

10. Limitation of Liability

To the maximum extent permitted by law, Remote Health Care Solutions shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of or inability to use the Services, including but not limited to:

• Medical malpractice claims or patient care issues
• Loss of patient data or clinical information
• Service interruptions or technical failures
• Regulatory compliance violations
• Business losses or lost profits

Our total liability for any claims related to the Services shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold Remote Health Care Solutions harmless from any claim, demand, or damage resulting from:

• Your use of the Services in violation of these Terms
• Your provision of healthcare services to patients
• Clinical decisions or patient care provided by you
• Violation of applicable laws or regulations
• Infringement of intellectual property rights
• Breach of patient confidentiality or HIPAA violations

12. Warranties Disclaimer

Remote Health Care Solutions is provided "as-is" and "as available." We disclaim all warranties of any kind, express or implied, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy or completeness of data or information
• Uninterrupted or error-free operation
• Medical or clinical accuracy of device readings

13. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Material changes will be communicated with at least 30 days' notice. Continued use after changes are effective constitutes acceptance of those changes.

The most current version will be available on our website. We recommend reviewing these Terms periodically.

14. Governing Law

These Terms are governed by the laws of the United States and the state in which Remote Health Care Solutions is headquartered, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

15. Contact Information

If you have questions or concerns about these Terms, please contact:

Remote Health Care Solutions
Email: [email protected]
Phone: 855-574-4200
Website: https://remotehcs.com