Terms of Service

Agreement to Terms

Welcome to Mirava Health. These Terms of Service ("Terms") constitute a legally binding agreement between you and Mirava Health, Inc. ("Mirava," "we," "us," or "our") governing your access to and use of our platforms, services, and technology solutions.

By accessing or using our services, you agree to these Terms and our Privacy Policy. If you disagree with any part of these Terms, you may not use our services.

Definitions

• "Services" means all platforms, software, tools, and technology solutions provided by Mirava Health, including care coordination systems, telehealth platforms, caregiver support tools, compliance software, and research partnerships.
• "User" means any individual or entity accessing our Services, including patients, healthcare providers, caregivers, administrators, and organizational representatives.
• "Account" means your registered user profile and associated credentials.
• "Content" means any information, data, text, images, or other materials uploaded, shared, or transmitted through our Services.
• "Organization" means healthcare providers, clinics, hospitals, or other entities that contract with Mirava to provide Services to their patients or staff.

Eligibility & Account Requirements

Age Requirements

You must be at least 18 years old to create an Account. Users under 18 may access Services only through a parent or legal guardian's Account with appropriate parental consent.

Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your Account
• Notifying us immediately of unauthorized access
• Providing accurate, current, and complete information
• Updating your information to maintain accuracy

Authorized Users

Organizations may create Accounts for their staff, providers, or patients. The Organization is responsible for:

• Ensuring authorized users comply with these Terms
• Managing access permissions and credentials
• Deactivating Accounts for departed personnel

Not Medical Advice

Medical Emergencies

If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. Do not rely on our Services for emergency medical assistance.

Permitted Use

You may use our Services to:

• Coordinate care with your healthcare providers and caregivers
• Access and manage your health information
• Communicate with your care team
• Schedule appointments and manage medications
• Participate in telehealth visits (where available)
• Engage in approved research studies (with consent)

Prohibited Conduct

You agree NOT to:

Security & Access Violations

• Access Accounts or data belonging to others
• Share your login credentials with unauthorized parties
• Attempt to circumvent security measures or authentication
• Probe, scan, or test vulnerabilities in our systems
• Use automated tools (bots, scrapers) without authorization

Misuse of Information

• Access, use, or disclose protected health information beyond your authorized purpose
• Impersonate any person or entity
• Misrepresent your credentials, licensure, or qualifications
• Submit false or misleading information

Harmful Activities

• Upload viruses, malware, or other harmful code
• Interfere with or disrupt Services or servers
• Overload systems with excessive requests
• Reverse engineer, decompile, or disassemble our software

Illegal or Unethical Conduct

• Violate any applicable laws or regulations
• Engage in fraud, harassment, or abusive behavior
• Infringe on intellectual property rights
• Use Services for unlawful prescribing or substance diversion

Violations may result in Account suspension, termination, and legal action.

Your Content & Data Rights

Your Health Information

You retain all rights to your health information. By using our Services, you grant Mirava a limited license to process, store, and transmit your information as necessary to provide Services and as described in our Privacy Policy.

User-Generated Content

For content you create or upload (messages, notes, documents):

• You retain ownership of your content
• You grant us a license to host, display, and process it within our Services
• You represent that you have rights to upload the content
• You are responsible for the accuracy and legality of your content

De-identified Data

We may use de-identified, aggregated data to:

• Improve our Services and develop new features
• Conduct research and population health analysis
• Generate benchmarks and quality metrics

De-identified data does not identify you individually and is not subject to HIPAA restrictions.

Intellectual Property Rights

Our Ownership

Mirava Health owns all rights to:

• Services, software, and technology platforms
• Trademarks, logos, and branding
• Documentation, training materials, and content
• Algorithms, processes, and methodologies
• Interface designs and user experience

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose. You may not:

• Copy, modify, or create derivative works
• Distribute, sell, lease, or sublicense
• Remove proprietary notices or labels
• Use our trademarks without written permission

Healthcare Provider Responsibilities

If you are a healthcare provider using our Services:

Professional Standards

• You are responsible for all clinical decisions and medical judgments
• You must maintain appropriate professional licensure
• You must comply with applicable medical standards of care
• You are responsible for informed consent and patient communications

HIPAA Compliance

• You remain the covered entity or business associate under HIPAA
• Mirava acts as a business associate providing technology services
• Separate Business Associate Agreements govern HIPAA obligations
• You must use Services in compliance with HIPAA requirements

State Licensure

For telehealth services, you are responsible for:

• Ensuring proper licensure in the patient's state
• Complying with state-specific telehealth regulations
• Maintaining appropriate malpractice coverage

Payment Terms

Fees & Billing

Services may be provided:

• Through Your Organization: Your healthcare provider or employer may cover fees
• Direct Subscription: You may purchase access directly (pricing available on request)
• Free Tier: Limited features may be available at no cost

Payment Processing

• Payments are processed by third-party payment processors
• You authorize us to charge your designated payment method
• Subscriptions auto-renew unless cancelled
• Refunds are provided at our discretion per our refund policy

Late Payment

For Organizations with invoiced billing:

• Payment is due within 30 days of invoice date
• Late payments may incur interest charges (1.5% per month or maximum allowed by law)
• We may suspend Services for non-payment after notice

Warranties & Disclaimers

Our Commitment

We strive to provide reliable, secure Services that meet healthcare industry standards. We commit to:

• HIPAA compliance for protected health information
• Industry-standard security practices
• Reasonable uptime and availability targets
• Prompt notification of security incidents

Disclaimer of Warranties

Third-Party Services

Our Services may integrate with third-party services (pharmacies, labs, imaging centers). We are not responsible for the availability, accuracy, or content of third-party services.

Limitation of Liability

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Mirava Health and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights (including intellectual property or privacy rights)
• Your use or misuse of Services
• Clinical decisions or medical outcomes (for healthcare providers)

Termination

Your Right to Terminate

You may terminate your Account at any time by:

• Submitting a deletion request through Account settings
• Contacting our support team at hello@miravahealth.com

Our Right to Terminate

We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Illegal or fraudulent activity
• Security threats or harmful conduct
• Non-payment (for paid accounts)
• Request by law enforcement or regulatory authorities

Effect of Termination

• Your right to access Services immediately ceases
• We may delete your Account and data per our retention policies
• HIPAA requires us to retain certain health information for 6 years
• Provisions that should survive termination (warranties, indemnification, liability limitations) remain in effect

Dispute Resolution

Informal Resolution

Before filing a claim, please contact us at legal@miravahealth.com to resolve the dispute informally. Most concerns can be resolved quickly through good-faith discussion.

Arbitration Agreement

Any dispute arising from these Terms or Services shall be resolved through binding arbitration rather than in court, except:

• You may bring individual claims in small claims court if they qualify
• We may seek equitable relief for intellectual property violations

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision is final and binding.

Class Action Waiver

You and Mirava agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative proceedings.

Opt-Out

You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to legal@miravahealth.com.

Governing Law & Jurisdiction

These Terms are governed by the laws of Vermont, United States, without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Chittenden County, Vermont.

General Provisions

Changes to Terms

We may update these Terms to reflect changes in our Services, legal requirements, or business practices. Material changes will be communicated via email or in-platform notification at least 30 days before taking effect. Continued use after changes indicates acceptance.

Severability

If any provision is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision is modified to the minimum extent necessary to make it enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements (Business Associate Agreements, Organization contracts), constitute the entire agreement between you and Mirava Health.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations to any affiliate or successor in connection with a merger, acquisition, or sale of assets.

Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including natural disasters, pandemics, war, terrorism, labor disputes, or infrastructure failures.

Notices

Legal notices should be sent to:

Questions About These Terms?