Terms of Service
Last Modified: 12/05/17
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT YOUR LOCAL EMERGENCY SERVICES OR DIAL 9-1-1 ON YOUR TELEPHONE. ALLEVIA DOES NOT PROVIDE EMERGENCY SERVICES.
Allevia is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using Allevia, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Allevia.
Allevia. Allevia is a software application that uses artificial intelligence and machine learning to streamline the clinical documentation process.
Network. Your Network is made up of the Primary User and any Providers whom the Primary User has invited to participate in the Primary User’s Network. The Primary User and the Providers in that Primary User’s Network are the “Network Members.”
Health Profile. A Health Profile is a document that analyzes and summarizes the information that the Primary User communicates to Allevia. Allevia will take that information and assemble it into a summary for the Primary User to review and (if necessary) correct. Allevia will then transform that into a clinical summary for Providers to use. That clinical summary is the Health Profile.
Primary User. You are the Primary User – the individual who will interact with Allevia to create a Health Profile for transmission to a Provider.
Primary User Information. All information and documents that are communicated or uploaded to Allevia by Network Members, and all information and documents that Allevia develops as a result, comprise the Primary User Information. Primary User Information also includes, without limitation, the Primary User’s account information and Health Profiles.
Provider. A Provider is any healthcare provider, healthcare practice, or hospital that the Primary User authorizes to receive his/her Health Profile.
The Company and Allevia Are Not Health Care Providers
Allevia facilitates the clinical documentation process by receiving information from a Primary User, transforming it into an easy-to-use clinical document format, and providing it to the authorized Provider(s). The Company is not a health care provider, and we will not provide you with health care advice. Any health care advice that a Provider communicates to you is solely the responsibility of that Provider. You agree that you shall not rely on the Company, and that the Company shall have no responsibility or liability, for the truth, accuracy, or efficacy of any diagnosis, treatment plan, prescription, treatment (as well as any decision not to conduct treatment), or any other form of medical or health care that is developed, discussed, or otherwise communicated or conducted by means of or in connection with Allevia.
Do Not Use Allevia To Obtain Emergency Services or Urgent Care
Allevia does not provide or facilitate emergency services or urgent care. If you are experiencing a medical emergency or other urgent health issue, do NOT attempt to obtain emergency or urgent medical care through Allevia. Please call 9-1-1 on your telephone, or contact your local emergency or urgent care service providers directly by phone.
Company’s License to You
The main purpose of Allevia is to help create preliminary clinical documentation about a Primary User for use by Providers. To do so, Allevia will ask the Primary User questions to elicit personal information, including health information, and may ask the Primary User to upload health-related documents. Such information may be protected by the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996, as amended). To permit Allevia to do so, you must review, agree to, and electronically sign the Authorization to Use and Disclose PHI, which you may view by clicking here[ER3] , before you may use Allevia.
Each Provider will have access to all documents and information that you provide Allevia. Except for certain Company administrators who are bound to confidentiality agreements, no one outside your Network will have access to these documents and information.
The information and documents that you communicate to Allevia and your Health Profile – collectively, the “Primary User Information” – shall be considered confidential and potentially a part of your digital health record. We will treat all Primary User Information, including without limitation communications that contain Protected Health Information (as that term is defined by HIPAA), as highly confidential and subject to protections under HIPAA. All Primary User Information shall be encrypted. In particular, only identity-verified Providers may view a Primary User’s Health Profiles. The Company shall not view the content of any Primary User Information except for account information.
You agree to be bound by any affirmance, assent, or agreement that you transmit to Company using Allevia, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field in Allevia, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Your carrier’s data rates may apply to your use of Allevia.
Accessing Allevia and Account Security
We reserve the right to withdraw or amend Allevia, and any service or material we provide on Allevia, in our sole discretion without notice. We will not be liable if for any reason all or any part of Allevia is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Allevia, or the entire App, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to Allevia.
You acknowledge and agree that we are not responsible and shall not be liable for any injury, inconvenience, or other damages caused by your failure to maintain accurate and current contact information.
You may obtain a free copy of all the data in your account, including all Primary User Information and uploaded data, as a secure download by following the instructions on this page. This right is subject to the Company’s right to delete the information associated with your account, as permitted by law, described below.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Allevia or portions of it using your user name, password, or other security information. You agree to notify us immediately if there is any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a computer or mobile device that is not your own, so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
Allevia and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may download a single copy of Allevia to your computer or mobile device solely for your own personal, non-commercial use, not for further reproduction, publication, or distribution.
You may download secure copies of the data associated with your account, including Primary User Information and uploaded data, as described above.
You must not:
Modify copies of any materials from Allevia.
Use any Content from Allevia in any context except within Allevia; provided that you shall be permitted to modify and use any Content created by you or another member of your Network that does not violate the intellectual property rights of any third party.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
“Allevia,” the Company name, the Allevia logo, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on Allevia are the trademarks of their respective owners.
You will not use Allevia in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, and any law governing the privacy or security of health information, such as HIPAA, or that would cause the Company to violate any such law or regulation.
You will not use Allevia to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
You will not use any electronic communication feature of Allevia for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
You will not use Allevia to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will only use Allevia to collect or store information about yourself, the Primary User of the account.
You will not use Allevia for any commercial purpose not expressly approved by Company in writing. You will not use Allevia to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You will not use Allevia when you are driving a motor vehicle, even if doing so is legally permitted in your location.
You will not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including without limitation by using e-mail addresses or screen names associated with any of the foregoing).
You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Allevia, or that, as determined by us, may harm the Company or users of Allevia or expose them to liability.
Additionally, you agree not to:
Use Allevia in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Allevia, including their ability to engage in real time activities through Allevia.
Use any robot, spider, or other automatic device, process, or means to access Allevia for any purpose, including monitoring or copying any of the material on Allevia.
Use any manual process to monitor or copy any of the material on Allevia or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Allevia.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Allevia, the server on which Allevia is stored, or any server, computer, or database connected to Allevia.
Attack the Company or Allevia via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of Allevia.
Your Right to Terminate
You may terminate your Valhalla account for any reason and at any time by notifying us at email@example.com. Please keep in mind that terminating your Valhalla account may affect your ability to receive medical care.
Monitoring and Enforcement; Termination by Valhalla
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Allevia.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Allevia. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
All electronic communications using Allevia shall be encrypted. You acknowledge that there is nevertheless a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Company or between you and other parties.
However, we cannot review all material before it is posted on Allevia, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Obtaining your Health Data
At any time prior to the termination of your account, you may obtain a full copy of your Primary User Information for free by following the instructions listed here[ER9] .
After termination of your account, your Primary User Information may no longer be available. It is very important to make sure that you and/or your Provider(s) obtain from Valhalla whatever records you wish to keep before your account is terminated.
All Primary User Information and use of Allevia must comply with these Content Standards. Primary User Information must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Primary User Information must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
Except for information about your account and the status of membership in your Network, the information and other content that you may encounter or obtain through your use of Allevia is created entirely by third parties within your Network, not by the Company. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Allevia, or by anyone who may be informed of any of its contents.
Allevia may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Information About You and Your Use of Allevia
The Company that owns Allevia is based in the State of Texas in the United States. We provide Allevia for use only by persons located in the United States. We make no claims that Allevia or any of its content is accessible or appropriate outside of the United States. Access to Allevia may not be legal by certain persons or in certain countries. If you access Allevia from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF ALLEVIA, ITS CONTENT, AND ANY INFORMATION OR SERVICES OBTAINED THROUGH ALLEVIA IS AT YOUR OWN RISK. ALLEVIA, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ALLEVIA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ALLEVIA OR ANY INFORMATION OR SERVICES TRANSMITTED OR OBTAINED BY MEANS OF ALLEVIA. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ALLEVIA, ITS CONTENT, OR ANY INFORMATION OR SERVICES OBTAINED THROUGH ALLEVIA WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ALLEVIA OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Covenant Not To Sue
You further agree to indemnify, defend, and hold Company harmless from and against any claims, suits, actions, causes of action, losses, or the like, (collectively, “Claims”), including without limitation legal fees and costs, brought against Company by any third party or parties, in connection with any claim for liability (including without limitation medical malpractice liability) arising from or relating to the provision of medical or health care, including without limitation any diagnosis, prescription, treatment plan, or treatment (including the failure to provide treatment), whether or not developed, discussed, or otherwise communicated or conducted by means of Allevia.
You agree that you, and your agents, representatives, estate, successors, and assigns, shall not seek, sue to obtain, or obtain compensation, damages, indemnification, contribution, or other remedy from Company for any losses, injuries, harm, or other liabilities that arise from or relate to the use of Allevia by you or any other person or entity in connection with your health care, your diagnosis, your treatment plan, or the provision of treatment (or failure to provide treatment) to you, whether or not the result of professional malpractice, and including (without limitation) losses, injuries, harm, and other liabilities caused by the failure by you or any other member of your Network to communicate with each other effectively, accurately, timely, or at all.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ALLEVIA, ANY WEBSITES LINKED TO IT, ANY CONTENT ON ALLEVIA OR LINKED WEBSITES, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH ALLEVIA OR SUCH LINKED WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, IN EXCESS OF THE AMOUNT THAT YOU HAVE PAID TO THE COMPANY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to Allevia should be directed to: firstname.lastname@example.org.