Last updated: November 5, 2020
Introduction
Theoria Medical PLLC builds technologies and services that enable its employees and client organizations to provide better patient care by improving workflow and efficiency through technology. These terms govern your use of 5-Star Telemed web and mobile applications. These terms may change as our business changes and you agree that you will review it and any updates regularly.
Access to the 5-Star Telemed Content is provided solely to facilitate access to 5-Star Telemed Services. Subject to compliance with these Terms of Use and Privacy Policy and any agreement that you may have executed with Theoria Medical PLLC (“Your Agreement”), your access to the 5-Star Telemed services and 5-Star Telemed content is on a limited, non-exclusive, non-transferable basis only during the term of Your Agreement.
Revisions to Terms of Use and Privacy Policy. We may revise these Terms of Use at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms of Use and Privacy Policy because you are bound by them when you use the 5-Star Telemed services as well as our website. Your continued use of the 5-Star Telemed services after a change to these Terms of Use and Privacy Policy constitutes your binding acceptance of these Terms of Use and Privacy Policy.
"Health-related information" means all individually identifiable health information, including demographic information and information related to individual’s physical or mental health, the provision of health care to the individual, or the individual’s payment for the provision of health care.
The 5-Star Telemed Services
The “5-Star Telemed Services” are defined as any computer or mobile application or software under 5-Star Telemed’s control, whether partial or otherwise, in connection with providing the services provided by 5-Star Telemed, including any website or application owned or controlled by 5-Star Telemed. The 5-Star Telemed Services include but are not limited to, providing a platform to offer telemedicine services, and providing a platform to store health-related information to make it available to you and your employees.
Third-Party Services. Your use of the 5-Star Telemed Services may include certain third-party software and services or allow you to access additional software and services offered by third-parties. You agree to comply with any additional terms required by our third-party vendors and suppliers, as necessary, to use parts of the 5-Star Telemed Services.
You may allow employees to use the 5-Star Telemed Services on your behalf. You may allow patients to use the 5-Star Telemed Services to pay for your services.
You are responsible for the use and misuse of the 5-Star Telemed Services by the employees and patients you allow to access the 5-Star Telemed Services using your account.
No Third-Party Access. Except as required by law and described below, you will not permit any third party to have access to the 5-Star Telemed Services using your account. You may allow your employees to use the 5-Star Telemed Services on your behalf in compliance with these Terms of Use. You may also allow patients to make payment for your services through the 5-Star Telemed Services in compliance with these Terms of Use. You are solely responsible for the use of the 5-Star Telemed Services by your employees and patients. We have no liability for the consequences to you or your employees or patients from your or their use of the 5-Star Telemed Services.
Responsibility for Misuse by Other Users of Your Account. You acknowledge that by allowing employees and patients to access the 5-Star Telemed Services with your account, you are responsible for ensuring such employees and patients use the 5-Star Telemed Services for the purposes for which they are accessing it. While the 5-Star Telemed Services has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the 5-Star Telemed Services by any employee or patient to whom you gave access or log-in credentials. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law.
Individuals’ Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the 5-Star Telemed Services or initiating any payment transactions.
Exporting Information from the 5-Star Telemed Services. You are solely responsible for any health-related information exported from the 5-Star Telemed Services by you or the employees and patients that you allow access from your account. You represent and warrant that you will export and subsequently use protected health information only as permitted by HIPAA and applicable federal and state law.
Transferring Information into the 5-Star Telemed Services. You may be able to transfer information from your or third-party data sources into the 5-Star Telemed Services. You represent and warrant that you have all necessary patient authorization for such data transfers and that such data transfers will comply with HIPAA and other applicable federal and state law.
Training and Compliance. You agree to train all employees on the use of the 5-Star Telemed Services, HIPAA or health privacy obligations, and the requirements of these Terms of Use and ensure that they comply with such requirements.
Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the 5-Star Telemed Services. You will cooperate fully with us in connection with any such demand.
Data Retention. You are responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.
Protected Health Information Practices
You agree that our practices with respect to protected health information are governed by the Health Insurance Portability and Accountability Act of 1996, and any amendments and regulations promulgated therefrom (“HIPAA”). By agreeing to these Terms of Use, you also agree to 5-Star Telemed’s Business Associate Addendum, available here and incorporated by reference into these Terms of Use, unless you or your organization have agreed to a different business associate agreement with 5-Star Telemed that applies to your use of the 5-Star Telemed Services.
You agree to use the 5-Star Telemed Services only as permitted by HIPAA, the 21st Century Cures Act, and other applicable data privacy laws.
As part of our internal compliance control, to the extent 5-Star Telemed uses third party business processing outsourcing vendors in connection with our provision of the 5-Star Telemed Services, we reserve the right to conduct an audit of their operations in our discretion.
Patient-Collected Data. For the avoidance of doubt, each of 5-Star Telemed, You, as well as each patient/end-user of Yours (a “Patient”) and 5-Star Telemed Inc. (the entity) shall have rights to use the Patient-Collected Data. As used herein, the “Patient-Collected Data” shall mean the PHI that is collected in connection with Your use of the 5-Star Telemed Services. In the event that Patient requests its Patient-Collected Data from 5-Star Telemed whether during the then applicable Contract Term (as defined in Your Agreement) or after the expiration or termination of this Agreement, 5-Star Telemed shall use its reasonable efforts to provide the Patient-Collected Data to a Patient. As used herein, “PHI” shall mean individually identifiable health information, as that term is defined in 45 C.F.R. § 160.103.
Physician-Created Data. Further, nothing herein these Terms of Use shall prohibit 5-Star Telemed from using the aggregated, non-personally identifiable data created, compiled, analyzed or otherwise collected by the Authorized User in its use of the 5-Star Telemed Services or the 5-Star Telemed Content (“Physician Data”). Additionally, 5-Star Telemed shall have the right to either provide or not provide the Physician Data to any third parties.
Automatically Collected Data. We may collect certain information automatically when you use the 5-Star Telemed Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the 5-Star Telemed Services, the date and time of a Patient’s visit, information about the links you click and pages you view within the 5-Star Telemed Services, and other standard server log information. We may also collect certain location information when you use our 5-Star Telemed Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.
We may use cookies, pixel tags, Local Shared Objects, and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. By using the 5-Star Telemed Services, you consent to our use of cookies and similar technologies.
We may also collect technical data to address and fix technical problems and improve our 5-Star Telemed Services, including the memory state of your device when a system or app crash occurs while using the 5-Star Telemed Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the 5-Star Telemed Services, you are consenting to the collection of this technical data.
Service Access and Secure Credentials
You are responsible for your log-in credentials and for keeping your account information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the 5-Star Telemed Services.
Owner of Account and Health-Related Information. The primary account holder (i.e., health service provider) holds the legal rights to the 5-Star Telemed Services account and the information posted to the 5-Star Telemed Services by your business entity.
Accurate Account Information. You represent and warrant that the information you provide to 5-Star Telemed upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Verification. You agree that we may take steps to verify your identity and credentials as a health service provider at any time. You agree that we may use and disclose information, including “Confidential Information,” about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the 5-Star Telemed Services at any time if we are unable at any time to determine or verify your qualifications or credentials.
Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the 5-Star Telemed Services. Your access to the Site may be revoked by 5-Star Telemed at any time with or without cause. You agree to defend, indemnify and hold 5-Star Telemed harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by 5-Star Telemed arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Sites, or access by anyone accessing the Site using your username and password.
Notification in Case of Breach. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify 5-Star Telemed support. You will be solely responsible for the losses incurred by 5-Star Telemed and others (including patients) due to any unauthorized use of your account that takes place prior to notifying 5-Star Telemed that your account has been compromised.
Additional Use Terms. You shall access the 5-Star Telemed Services and 5-Star Telemed Content only: (i) through Your Authorized Users acting within the scope of their service for You; (ii) on 5-Star Telemed’s servers as authorized by 5-Star Telemed; (iii) for Your internal use; and (iv) from and within the United States. The 5-Star Telemed Services are not intended to be used outside of the United States. 5-Star Telemed makes no representations and warranties that the 5-Star Telemed Services comply with applicable law in your jurisdiction and 5-Star Telemed shall not be responsible for Your use of the 5-Star Telemed Services outside of the United States. In the event that You use the 5-Star Telemed Services outside of the United States, you acknowledge and understand that you are solely responsible for any and all legal consequences for violating applicable laws within your jurisdiction and that You shall have no right of recourse against 5-Star Telemed. If You are an RCM Client, You shall not use, directly or indirectly, any patient service-related billing system or method other than the 5-Star Telemed Services and 5-Star Telemed Content, including cash billing systems, unless You (i) use a different tax identification number for claims submitted through a different billing system, or (ii) agree to use 5-Star Telemed’s mixed remittance process with respect to such claims.
As used herein, “Authorized Users” shall mean those users (i) who are designated by You on the 5-Star Telemed Services control screens and who are (A) employees of Yours, or (B) other individuals, corporations, or entities that are not, and are not affiliated with, third party payers or competitors of 5-Star Telemed, and have a valid HIPAA business associate agreement or other agreement with You, and (ii) who have been granted access to the 5-Star Telemed Services and/or 5-Star Telemed Content by You in Your exercise of reasonable discretion relating to the receipt of the 5-Star Telemed Services and/or 5-Star Telemed Content hereunder by You, and (iii) from whom You have obtained reasonable assurances that they will comply with the access and use and confidentiality terms in these Terms of Use and Your Agreement.
You shall ensure that each Authorized User complies with these Terms of Use and Your Agreement as well as applicable law. You shall terminate any Authorized User’s access to the 5-Star Telemed Services or the 5-Star Telemed Content: (i) when such person no longer meets the definition of “Authorized User”; (ii) if conduct by such Authorized User breaches any term of these Terms of Use and/or Your Agreement; or (iii) upon such Authorized User’s indictment, arrest, or conviction of any crime related to claims or other transactions, financial relationships, or financial dealings in connection with health care, and You shall immediately inform 5-Star Telemed of any such indictment, arrest, or conviction. You are responsible for all acts and omissions of any Authorized User in connection with such Authorized User’s access and use of the 5-Star Telemed Services. 5-Star Telemed may restrict, suspend, or terminate an Authorized User’s access to the 5-Star Telemed Services or the 5-Star Telemed Content if 5-Star Telemed determines in its sole discretion that such access has an adverse effect on 5-Star Telemed.
Violations of system or network security may result in civil or criminal liability. 5-Star Telemed will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites.
Except as expressly permitted under these Terms of Use, You shall not and shall cause Your Authorized Users not to: (i) access or use the 5-Star Telemed Services or the 5-Star Telemed Content in connection with the provision of any services to third parties; (ii) resell, rent, license, lease, provide service bureau or timeshare services, transfer, encumber, copy, distribute, publish, exhibit, transmit or otherwise make available to any third party any 5-Star Telemed Content or the 5-Star Telemed Services; (iii) derive specifications from, reverse engineer, reverse compile, disassemble, translate, record, or create derivative works based on the 5-Star Telemed Services or the 5-Star Telemed Content; (iv) use the 5-Star Telemed Services or the 5-Star Telemed Content in a manner that delays, impairs, or interferes with system functionality for others or that compromises the security or integrity of any data, equipment, software, or system input or output, including but not limited to introduction of any viruses or malware into the 5-Star Telemed Services; (v) enter data in the 5-Star Telemed Services that is threatening, harmful, lewd, offensive, defamatory, or that injures or infringes the rights of others; (vi) apply systems to extract or modify information in the 5-Star Telemed Services or the Sites using technology or methods such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping” or other automated means of any kind to access or copy data on the Sites, deep-link to any feature or content on the Sites, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites; (vii) use the 5-Star Telemed Services or the 5-Star Telemed Content or any part or aspect thereof for any unlawful purpose or to mislead or harass anyone; or (viii) use the 5-Star Telemed Services or the 5-Star Telemed Content except as specifically permitted under this Agreement. Use of or access to the 5-Star Telemed Services or the 5-Star Telemed Content not in accordance with these Terms of Use or Your Agreement is strictly prohibited. Any violation will cause 5-Star Telemed irreparable and immediate harm, and 5-Star Telemed is entitled to injunctive relief to prevent such violation.
Third-Party Browser Extensions. Extensions are small software programs, developed by third parties, that can modify and enhance the functionality of Your browser. Extensions may have privileges, including the ability to read, record and/or modify Your private data, including PHI. These extensions are installed by individual users into the browser on their computers and are utilized at users’ own risk. Further, such extensions are not affiliated with 5-Star Telemed and 5-Star Telemed does not have visibility into which extensions any user may use. 5-Star Telemed assumes no risk of loss of data or breach of such data due to Your use of browser extensions. 5-Star Telemed makes no representations whatsoever about any other website that you may access through its Sites. When you access a non-5-Star Telemed site, please understand that it is independent of 5-Star Telemed, and that 5-Star Telemed has no control over the content on that website. In addition, a link to a non-5-Star Telemed website does not mean that 5-Star Telemed endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Sites, you do this entirely at your own risk.
Prior to using the 5-Star Telemed Services, if You have one (or more) of these extensions enabled in Your browsers, 5-Star Telemed recommends completely removing all of these extensions immediately as disabling the extensions may not be sufficient to protect Your PHI. We recommend that You only access the 5-Star Telemed Services from supported browsers that have all plugins and extensions removed.
Further, installing any third-party software on Your operating system may also subject You to the same risks as using browser extensions. 5-Star Telemed assumes no risk of loss of data or breach of such data due to your use of browser extensions. 5-Star Telemed has no liability to You due to damages caused by any third-party software, including, without limitations, browser extensions.
Communications
You agree to receive texts, phone calls, and/or email from us at the phone numbers and email addresses you provided to us for informational and customer service-related purposes.
Electronic Notices. By using the 5-Star Telemed Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the 5-Star Telemed Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the 5-Star Telemed Services or sending a text or email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us.
5-Star Telemed’s Content Ownership and Use
The contents of the 5-Star Telemed Services include: the 5-Star Telemed websites, the 5-Star Telemed Services, materials, 5-Star Telemed Services descriptions, proprietary methods, templates, spreadsheets, databases and other electronic tools created or owned by 5-Star Telemed, including all data and information included in or entered into the 5-Star Telemed Services that 5-Star Telemed compiles, sorts, integrates, normalizes, analyzes, maps, stores, processes, selectively aggregates and/or combines with multiple disparate data sources, for comparison, benchmarking or other similar and lawful purposes, as well as edits, improvements, additions, modifications, interfaces, and derivative works prepared from or relating to any of the foregoing, and any and all tangible and intangible works of authorship, copyrights, patents, trademarks, trade secrets and trade dress, and all intellectual property rights in any of the foregoing (collectively, “5-Star Telemed Content”). All 5-Star Telemed Content and the compilation (meaning the collection, arrangement, and assembly) of all 5-Star Telemed Content are the property of 5-Star Telemed or its licensors and are protected under copyright, trademark, and other laws
License to You. We authorize you, subject to these Terms of Use, to access and use the 5-Star Telemed Services and the 5-Star Telemed Content solely for the use of the 5-Star Telemed Services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the 5-Star Telemed Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original 5-Star Telemed Content on any copy you make of the 5-Star Telemed Content.
5-Star Telemed Marks. 5-Star Telemed, the 5-Star Telemed logo, and other 5-Star Telemed logos and product and service names are or may be trademarks of 5-Star Telemed (the “5-Star Telemed Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the 5-Star Telemed Marks.
Contact Information
If you have any questions about these Terms of Use or the 5-Star Telemed Services, please visit our website to contact us.
Sincerely,
Theoria Medical | 5-Star Telemed