Terms of Use

1. Your agreement with us

The Customer's agreement with us is made up of: any business associate agreement between us (the "BAA"); any signed order form, quote or customer agreement (an "Order Form"); these Terms; and our Privacy Policy. If they conflict, the BAA controls for protected health information, then the Order Form, then these Terms.

Patients, guardians and others whom a practice invites to the portal, intake forms or a video visit use the Service for that practice. Their relationship is with the practice, and the practice's own terms and notices apply. Sections 5, 13 and 15 of these Terms also apply to their use.

2. Accounts and security

The Customer decides who in its practice gets an account and what each person can see and do, and is responsible for everything done under its accounts. Each user must have their own account, keep their password and two-step verification device private, and tell us at once if they suspect misuse. Two-step verification is required for staff.

The Customer must remove access promptly when a user leaves or no longer needs it, and must make sure its users follow these Terms.

3. Customer data, HIPAA and our role

The Customer owns the information it and its users and patients put into the Service ("Customer Data"). The Customer gives us permission to host, copy, process, transmit and display Customer Data as needed to provide, secure and support the Service, to follow the Customer's instructions, and as the BAA and the law allow.

The Customer is the covered entity, and we act as its business associate. We sign BAAs with our Customers. The Service is designed to support HIPAA compliance, but using it does not by itself make a practice compliant. The Customer remains responsible for its own compliance program, including its policies, risk analysis, workforce training, notices of privacy practices, and its decisions about who may access which records.

We do not use Customer Data to train AI models. As the BAA and the law allow, we may create and use de-identified or aggregated information to operate, secure, support and improve the Service. We do not sell it or try to re-identify anyone.

4. The Customer's responsibilities

The Customer is solely responsible for its practice and for how it uses the Service, including:

• Obtaining and keeping every consent, authorization and notice that the law or its professional rules require, including consent to treatment, telehealth, communications, and recording or transcription.
• Following the laws that apply to its practice wherever it and its patients are, including privacy, recording and eavesdropping laws (some states require every participant's consent), telehealth and professional licensure rules, rules for treating minors, record-retention rules, and texting and email laws.
• Making sure each clinician is licensed and permitted to treat each patient, including across state lines.
• Following payer contracts, payer rules, and government healthcare program requirements.
• The accuracy and completeness of the information it enters, and keeping it up to date.
• Making sure it has the right to give us any information it provides, including information about third parties.

5. Not a healthcare provider

Siggy GT is a technology company. We do not provide healthcare, and we do not give medical, clinical, legal, billing, coding or insurance advice. Templates, suggestions, reminders, alerts, AI drafts and other content in the Service support the work of qualified professionals. They do not replace professional judgment.

All clinical decisions, including diagnosis, treatment, risk assessment and documentation, are made by the Customer's licensed clinicians, who are responsible for them.

The Service is not an emergency or crisis service and is not monitored for emergencies. Messages, forms and portal activity may not be seen right away. Patients in an emergency should call 911 or go to the nearest emergency room, and in a mental-health crisis can call or text 988.

6. AI features

AI features, such as note drafts created from a clinician's notes, dictation or a visit transcript, are optional and are turned on by the Customer. They are provided using third-party AI models (currently Anthropic's Claude models running on Google Cloud's Vertex AI).

AI output can be wrong, incomplete, out of date, or biased, even when it looks right. A licensed clinician must review, correct and sign every AI draft before it becomes part of the record or is relied on. Once signed, the note is the clinician's and the Customer's own documentation, and they are responsible for it. The Service records which notes were drafted with AI.

The Customer may not use AI features to make diagnosis, treatment, eligibility, coverage or billing decisions without a qualified person's review, to communicate with patients without clinician review, or in any way that breaks the usage policies of our AI providers. We may change the AI models or providers we use, and we may limit usage to protect the Service.

7. Video visits and transcription

Video visits run through our video provider. Call quality depends on each participant's device and internet connection, which we do not control.

Visit transcription is off unless the Customer turns it on, and it is available only for one-to-one visits. When it is on, the Service requires every person in the visit to agree at each visit, transcribes only after everyone has agreed, and stops and deletes the transcript if anyone withdraws. No audio or video is kept, and transcripts are deleted within 30 days.

The Service's consent step is a tool, not legal advice. The Customer is responsible for deciding whether transcription is lawful and appropriate for each visit, including under state recording laws, rules for minors and guardians, and its own policies, and for any additional consent or documentation those require.

8. Billing, eligibility and claims

The Service helps the Customer check insurance eligibility, prepare and submit claims through a clearinghouse, track payer responses, and bill patients. The Customer is solely responsible for its charges, codes, modifiers, diagnoses, documentation, medical necessity, prior authorizations, and every claim and statement it sends or approves, whether or not the Service suggested or prepared it.

Eligibility and benefit information comes from payers and third parties and may be incomplete, out of date or wrong. It is not a guarantee of coverage or payment. We do not guarantee that any claim will be accepted or paid, or paid on time, and we are not responsible for payer, clearinghouse or patient decisions.

The Customer is responsible for patient balances, refunds, and following the laws that apply to collecting them.

9. Payments through Stripe

Patient payments are processed by Stripe through Stripe Connect. To accept payments, the Customer must open and keep its own Stripe account and agree to Stripe's Connected Account Agreement and the Stripe Services Agreement, which form a separate agreement between the Customer and Stripe. Stripe, not Siggy GT, processes the payments.

The Customer is responsible for its Stripe account, processing fees, refunds, chargebacks, disputes, and the patient charges it authorizes. We may share payment and account information with Stripe as needed to provide payment features. We are not responsible for Stripe's services, holds, delays, or decisions.

10. Email and text messaging

The Customer is responsible for the content of the messages it sends through the Service and for having the consents the law requires. The Service sends text messages only to people who have agreed to receive them and honors STOP replies. Billing emails are sent as transactional messages. The Customer must not use the Service to send marketing texts or unsolicited messages.

Messages pass through carriers and email providers that we do not control. We do not guarantee that any message will be delivered or delivered on time. Do not rely on the Service for urgent or time-critical communication.

11. Third-party services

The Service works with third-party services, including Google Cloud, Google Calendar, Stripe, LiveKit, pVerify, Ability, and email and text-messaging providers. We choose and manage the providers that work for us and list them in our Privacy Policy. We will give Customers notice of changes to those providers as our agreements require.

Services the Customer connects or chooses to use, such as its own calendar or Stripe account, are governed by the Customer's own terms with those providers. We are not responsible for third-party services, their availability, or changes they make, and we may change or stop an integration if a provider changes or ends its service.

12. Fees and taxes

The Customer will pay the fees in its Order Form, including any usage-based charges (for example for messages, AI drafts, transcription or video minutes, eligibility checks, or claims). Unless the Order Form says otherwise, fees are billed in advance for the subscription and in arrears for usage, are due when invoiced, and are not refundable.

Fees do not include taxes. The Customer will pay any sales, use, value-added or similar taxes, except taxes on our income. We may change prices with at least 30 days' notice, effective at the next billing period. If an amount is more than 30 days overdue, we may suspend the Service after giving notice.

13. Acceptable use

You must not, and must not allow anyone else to:

• Use the Service or the website in a way that breaks the law or the rights of others, including privacy and healthcare laws.
• Access another person's account or records without authorization, share accounts, or get around access controls, two-step verification, or usage limits.
• Probe, scan or test the security of the Service, or interfere with or overload it, without our written permission.
• Upload malicious code, or copy, reverse engineer, resell or build a competing product from the Service, except as the law expressly allows.
• Send spam or unlawful, harassing, deceptive or unconsented messages.
• Send protected health information through our website contact form or ordinary email. Patient information belongs in the Service.

14. Suspension and termination

We may suspend access, in whole or in part, if we reasonably believe it is needed to prevent harm to the Service, to patients, or to other customers, to respond to a security threat or a legal requirement, or because of a material breach of these Terms or non-payment. Where we reasonably can, we will give notice first and restore access once the issue is resolved.

Either party may end the Customer's agreement as the Order Form provides, or on 30 days' written notice for a material breach that is not fixed in that time. We may end free, trial or pilot access at any time. When the agreement ends, the Customer's access stops and any unpaid fees become due.

Data on termination: the Customer may request a complete export of Customer Data before termination and for 30 days after it. After that period we will delete Customer Data from the Service, except where the law requires us to keep it, and as the BAA provides. Backup copies expire on their regular schedule. Any Customer Data we keep remains protected under the BAA.

15. Availability, changes and disclaimers

We work to keep the Service available and secure, but we do not promise that it will be uninterrupted, error-free, or always available, unless a separate signed service-level agreement says otherwise. Maintenance, updates, provider outages and internet problems can affect access. The Customer is responsible for having backup procedures for its practice, such as a way to reach patients and run its schedule if the Service is unavailable.

We may add, change or remove features. If we remove a material feature the Customer pays for, we will give reasonable notice. Features labeled beta, preview or pilot are provided for evaluation and may change or end.

To the extent the law allows, the website and the Service are provided "as is" and "as available," and we disclaim all warranties not expressly stated in an Order Form, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. We do not guarantee any clinical, financial, reimbursement, or compliance result.

16. Limitation of liability

To the extent the law allows, neither Siggy GT nor its affiliates, officers, employees, agents or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, reimbursement, data or goodwill, or for business interruption, however caused and even if we were told they were possible.

To the extent the law allows, our total liability for all claims relating to the Service, the website, or these Terms is limited to the fees the Customer paid us for the Service in the 12 months before the event that gave rise to the claim, or US $100 if no fees were paid.

These limits apply to every legal theory, including contract, tort and negligence, and even if a remedy fails of its essential purpose. They do not limit the Customer's duty to pay fees or its obligations under Section 17, or any liability that the law does not allow to be limited. An Order Form or BAA may set different limits for specific obligations.

17. Customer indemnity

The Customer will defend, indemnify and hold harmless Siggy GT and its affiliates, officers, employees and agents from and against third-party claims, and related losses, damages, fines, penalties, costs and reasonable attorneys' fees, arising out of:

• The care or services provided by the Customer or its clinicians, including any claim by a patient.
• The Customer's documentation, codes, claims, charges and collections, and payer audits or recoupments relating to them.
• Customer Data, and the Customer's failure to obtain a consent, authorization or notice the law requires, including for recording, transcription or messages.
• The Customer's or its users' breach of these Terms or of the law.

We will tell the Customer promptly about a claim and allow it to control the defense. The Customer may not settle a claim in a way that admits fault by us or imposes an obligation on us without our written consent. We may take part with our own counsel at our own cost.

18. Our property and feedback

We and our licensors own the Service, the website, and their software, designs, content and trademarks. Subject to these Terms and payment of fees, the Customer's users may use the Service for the Customer's internal practice operations during the subscription. No other rights are granted.

If you send us ideas or suggestions, we may use them without any obligation to you.

19. Website content

Website content is general information about the Service. Sample names and records shown on the website and in demos are fictional. Features, availability and prices described on the website may change, and they are only binding when stated in an Order Form. A request for a demo or a quote does not create an obligation to buy or to sell.

20. Governing law and disputes

These Terms are governed by the laws of the State of Pennsylvania and applicable federal law, without regard to conflict-of-law rules.

Before starting a formal dispute, each party will try in good faith to resolve it by written notice and discussion for at least 30 days. If that fails, the dispute will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in Montgomery County, Pennsylvania or by video. Judgment on the award may be entered in any court with jurisdiction. Either party may bring an individual claim in small-claims court, or ask a court for an injunction to protect its intellectual property, confidential information, or the security of the Service.

Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and both parties waive any right to a jury trial. Any claim must be brought within one year after it arises, to the extent the law allows. If arbitration does not apply, disputes will be heard only in the state or federal courts located in Montgomery County, Pennsylvania, and both parties consent to their jurisdiction.

21. General terms

• Force majeure: neither party is responsible for a delay or failure caused by events beyond its reasonable control, such as natural disasters, outages of utilities, the internet or third-party providers, cyberattacks, labor disputes, war, or government action. This does not excuse payment obligations.
• Assignment: the Customer may not assign its agreement without our written consent. We may assign it to an affiliate or as part of a merger, acquisition, or sale of our business or assets.
• Notices: we may send notices to the email address on the Customer's account or show them in the Service. Notices to us go to info@siggygt.com, with a copy to 681 Harleysville Pike, Harleysville, PA 19438 for legal notices.
• No third-party beneficiaries: these Terms do not give any rights to anyone else, including patients.
• Relationship: the parties are independent contractors. Nothing in these Terms makes either party the agent, partner or employee of the other.
• Entire agreement: the documents in Section 1 are the whole agreement on this subject and replace earlier discussions. Terms in a Customer's purchase order or similar form do not apply.
• Severability and waiver: if a provision cannot be enforced, it will be changed only as much as needed, and the rest stays in effect. Not enforcing a provision is not a waiver.
• Survival: provisions that by their nature should last after the agreement ends, including Sections 3, 12, 14 to 18, 20 and 21, will survive.
• Export and sanctions: you will not use the Service in breach of U.S. export or sanctions laws.

22. Changes and contact

We may update these Terms. The date at the top shows the latest version. For a material change, we will notify Customers by email or in the Service at least 30 days before it takes effect, unless the change is needed sooner for legal or security reasons. Continuing to use the Service after a change takes effect means accepting it. Changes do not alter a signed Order Form or BAA until its own term ends, unless both parties agree in writing.

Questions about these Terms: info@siggygt.com, or Siggy Global Technologies LLC, 681 Harleysville Pike, Harleysville, PA 19438.