Terms & Conditions

Effective Date: [Insert Launch Date] Last Updated: [Insert Last Updated Date]

These Terms govern your use of HealPath in your capacity as a patient user. HealPath delivers these Services as a technology platform on behalf of your HIPAA-covered healthcare provider (our client), who remains responsible for the privacy and security of your health information.

These Terms and Conditions (“Terms”) form a legal agreement between you (“you,” “your,” or “Patient”) and HealPath (“HealPath,” “we,” “our,” or “us”), the provider of the HealPath Patient Portal (“Portal”). The Portal connects you with your healthcare provider’s electronic health record (“HealUS EHR”) to enable secure access to your health information and related services.

By clicking “I Accept” or accessing the Portal, you confirm that you have read, understood, and agree to these Terms.
If you do not agree, you must not use HealPath.

Eligibility and Access

• You must be 18 years of age or older to create a user account or use the Services independently.
• Individuals under the age of 13 are not permitted to use the Services in any capacity.
• If you are between 13 and 18 years of age (or the legal age of majority in your jurisdiction):
• You may use the Services only under the supervision of a parent or legal guardian.
• Your parent or guardian must have agreed to these Terms of Use on your behalf.
• By using the Services on behalf of a minor child, you represent and warrant that:
• You are the parent or legal guardian of that child; and
• All references to “you” in these Terms refer both to the minor and to you as their parent, guardian, or authorized representative.
• Please note that Healthcare Providers may impose additional requirements for minors using the Services — such as parental consent forms or the parent’s physical presence during care — in accordance with applicable laws and clinical policies.

Scope and Purpose

• These Terms govern your use of HealPath and its Services as a patient user.
• Additional privacy policies, terms, or agreements may apply to specific features or modules within HealPath (for example, payment processing or communication tools).
• If you use HealPath to access, connect to, or share data with any third-party websites, applications, platforms, services, or portals (collectively, “Third-Party Platforms”), the privacy policies and terms of those Third-Party Platforms will govern your use of them.
• HealPath does not control, endorse, or assume responsibility for any Third-Party Platform, even if it is accessed through HealPath.
• Your interactions with such platforms are at your own risk, and you should review their respective terms and privacy policies before using them.
• HealPath Services are intended for use only within the United States.
• Unauthorized registration, access, or use of HealPath or any Third-Party Platform through HealPath from outside the United States is strictly prohibited.

Acceptable Use

You agree to:

• Use HealPath only for lawful purposes and in accordance with these Terms.
• Keep your login credentials confidential and not share them with anyone.
• Maintain and promptly update your account information so it remains current, complete, and accurate.
• Use only your own account and not attempt to create or access accounts for others without proper authorization.
• Notify us immediately of any unauthorized use or suspected security breach.

You agree not to:

• Transmit unlawful, harmful, threatening, abusive, defamatory, or otherwise inappropriate content.
• Provide false, misleading, or inaccurate information while using the Portal.
• Use or attempt to use another person’s or organization’s account without proper authority or consent.
• Disclose information you are not authorized to share, including any confidential or protected health information of others.
• Transfer or share your account or credentials with anyone else.
• Override or attempt to bypass any security feature or access control on the Portal.
• Use bots, crawlers, automated tools, or scripts to access or interact with the Portal without consent.
• Monitor, test, or interfere with the performance, availability, or functionality of the Portal for any competitive or unauthorized purpose.
• Engage in framing, mirroring, or simulating the appearance or function of HealPath without written permission.
• Interfere with, disrupt, or place an unreasonable load on the Portal or our systems (for example, through spam, denial of service, or virus attacks).
• Use the Portal for advertising, solicitation, or other commercial gain not authorized by us.

Patient and Caregiver Access

• Patients may grant others proxy access (such as parents, guardians, spouses, or caregivers).
• Proxy users may view or act on behalf of the patient only as permitted by the patient or applicable law.
• Access may be limited based on the patient’s age or provider policy.
• Patients may revoke proxy access at any time.
• You agree that any information accessed through a caregiver or proxy relationship is confidential and may not be misused or shared.

Communications and Notifications

• Secure messaging through HealPath is intended for non-urgent communication.
• Messages sent through HealPath may become part of the medical record and be visible to authorized provider staff.
• Responses are typically provided during business hours; response times may vary.
• You may also receive email or SMS notifications about new results, appointments, or bills.
• Email or SMS communications may include identifiable information and are not encrypted; standard carrier rates apply.
• You may adjust your communication preferences or opt out of non-essential notifications.

Data Privacy and Security

• HealPath complies with the Health Insurance Portability and Accountability Act (HIPAA) and applicable state privacy laws.
• We use technical, administrative, and physical safeguards, including encryption and secure authentication, to protect your information.
• You are responsible for maintaining the security of your login credentials.
• For details on how your data is collected, used, and shared, please review the HealPath Privacy Policy.

Intellectual Property and License to Use

• All content, design, software, and materials in HealPath are owned or licensed by your healthcare provider or its technology partners.
• You are granted a personal, non-transferable, non-commercial license to use the Portal as intended.
• You acknowledge and agree that HealPath and its Services contain proprietary and confidential information, including software, designs, interfaces, data, and other materials protected by U.S. and international intellectual property laws, including but not limited to copyright, trademark, trade secret, and patent laws.
• Except for the limited license granted below, you agree not to sell, copy, modify, translate, reproduce, distribute, create derivative of works, rent, or otherwise exploit any part of HealPath or its content, whether in whole or in part.
• Subject to your compliance with these Terms and all applicable laws, HealPath grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited personal license to access and use the Services solely for your lawful, personal, and non-commercial purposes.
• You retain ownership of any information, data, comments, or materials you share through HealPath (“User Data”). By providing User Data, you authorize HealPath to use, process, and display such data as needed to deliver and improve the Services, consistent with these Terms and our Privacy Policy.

Third-Party Integrations and Sharing

• HealPath may allow you to access, connect to, or share information with third-party websites, applications, platforms, or services (collectively, “Third-Party Platforms”).
• Your use of any Third-Party Platform will be governed by that platform’s own terms of use, privacy policy, and other applicable agreements, which form a separate relationship between you and the third party.
• HealPath does not control, endorse, or guarantee the functionality, accuracy, completeness, timeliness, legality, security, performance, or quality of any Third-Party Platform.
• HealPath and its affiliates do not assume any liability or responsibility for any losses, damages, or issues that may result from your access to or use of such Third-Party Platforms.
• Your use of any Third-Party Platform is entirely at your own risk.

Termination

• These Terms take effect when you first access or use HealPath and will remain in force until terminated by either you or HealPath.
• HealPath may suspend, modify, or terminate your access to the Services, in whole or in part, at any time and without prior notice, at its sole discretion.
• Upon termination all rights granted to you under these Terms will immediately end.
• You agree that HealPath, its affiliates, clients, and licensors shall not be liable to you or any third party for any termination, modification, or suspension of your access to the Services.
• Termination does not affect any rights, obligations, or liabilities that accrued prior to termination.
• The following sections will continue to apply even after termination: Intellectual Property, Feedback, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.

Disclaimer of Warranties

• HealPath and its Services are provided to you “as is” and “as available”, with all faults, defects, and without any warranties of any kind.
• To the fullest extent permitted under applicable law, HealPath and its affiliates, officers, directors, employees, agents, licensors, and service providers expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• HealPath makes no representation or warranty that:
  • The Services will meet your specific requirements or expectations;
  • The Services will be uninterrupted, timely, secure, or error-free;
  • Any defects or errors will be corrected; or
  • The Services will be compatible with any particular system, application, or device.
• No oral or written advice, guidance, or information provided by HealPath or its representatives shall create any warranty unless expressly stated in these Terms.
• You acknowledge that your use of the Services is at your own risk.

Limitation of Liability

• To the fullest extent permitted by applicable law, HealPath, its affiliates, clients, licensors, and their respective officers, directors, employees, and agents shall not be liable for any damages arising out of or related to your use of, or inability to use, HealPath or its Services.
• This includes, but is not limited to:
  • Personal injury, property damage, loss of profits, loss of data, or business interruption;
  • Computer failure, malfunction, or corruption of files;
  • Any indirect, incidental, consequential, exemplary, special, or punitive damages; and
  • Any direct damages in an amount greater than the total fees (if any) you paid directly to HealPath for your use of the Services.
• These limitations apply regardless of the cause of action—whether in contract, tort (including negligence), or otherwise—and even if HealPath or its affiliates were advised of the possibility of such damages.
• HealPath is not a healthcare provider and does not assume any responsibility or liability for any medical treatment, advice, or services you receive from your healthcare provider in connection with your use of HealPath.
• HealPath is not responsible for any data, content, or information transmitted to or from you, your provider, or any third-party application through the Services.
• Some states do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, HealPath’s liability shall be limited to the maximum extent permitted by law.

Indemnification

• You agree to defend, indemnify, and hold harmless HealPath, its affiliates, clients, licensors, and their respective officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
  • Your use or misuse of the HealPath Services;
  • Your violation of these Terms; or
  • Your violation of any law or the rights of a third party.
• This obligation will survive the termination or expiration of these Terms and your use of the Services.

Mediation

• In the event of any dispute, claim, or controversy arising out of or relating to your use of HealPath or these Terms, both you and HealPath agree to first attempt to resolve the matter informally through good-faith discussions.
• If the dispute cannot be resolved informally, either party may request mediation administered by a neutral third-party mediation organization.
• Both parties agree to cooperate in selecting a mediator, participate in the mediation in good faith, and share the costs of the mediation equally.
• If mediation does not resolve the dispute, either party may pursue any remedies available under applicable law, subject to these Terms.
  • Notwithstanding this clause, HealPath may:
    • suspend, modify, or terminate your access to the Services; and/or
    • seek injunctive or equitable relief to protect its rights or systems.

Governing Law

• These Terms and your use of HealPath are governed by the laws of the United States and the state in which your healthcare provider is located, without regard to its conflict-of-law principles.
• Any dispute, claim, or legal action arising out of or relating to these Terms or your use of HealPath shall be brought exclusively in the state or federal courts located within that state, and you consent to the personal jurisdiction and venue of those courts.
• You waive any right to a jury trial in any legal proceeding arising out of or relating to your use of HealPath.
• You agree not to participate in any class action or representative proceeding against HealPath or its affiliates. Any claim must be brought on an individual basis.
• Any claim or cause of action must be filed within one (1) year after it arises; otherwise, it is permanently barred.
• You consent to receive service of process by electronic means, including email, to the extent permitted by applicable federal or state law.

Feedback

We appreciate and encourage your feedback regarding HealPath and its Services. You may share your comments, suggestions, or ideas for improvement (“Feedback”) with us through email, official social media accounts, or any other communication channels we provide.

You will not include any personal health information, medical details, or other sensitive data in your Feedback. You grant HealPath a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable license to use, reproduce, modify, distribute, and publish your Feedback for any purpose, without any obligation or compensation to you.

If you have questions about these Terms or your rights under them, contact us at Support@healpath.com