1. Introduction
Welcome to Starfish Health, a product of Leveling Up Data LLC (“Company”, “we”, “us”). These Terms of Service (“Terms”) form a legally binding agreement between you (“Customer”, “you”) and the Company and govern your access to and use of the Starfish Health platform, including its AI-powered patient outreach and engagement tools, dashboards, integrations, and related documentation (collectively, the “Service”).
By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Eligibility
The Service is intended for licensed healthcare practices and their authorized personnel. By creating an account you represent that you have the authority to bind your practice or organization to these Terms.
3. Account Registration & Responsibilities
You must create an account to use the Service. You agree to provide accurate, complete registration information and keep it current, safeguard your login credentials and restrict unauthorized access, and immediately notify us of any unauthorized use or security breach. You are responsible for all activity that occurs under your account.
4. License & Acceptable Use
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term solely for your practice’s internal business purposes.
You agree not to:
- Reverse-engineer, decompile, or disassemble the Service.
- Use the Service to transmit content that is unlawful, harassing, defamatory, or otherwise objectionable.
- Attempt to gain unauthorized access to any part of the Service or its related systems.
- Use the Service in violation of any applicable healthcare regulation, including HIPAA.
5. Subscription Plans & Fees
We offer various subscription plans with different features, user limits, and pricing. Plan details and pricing are described on our website. All fees are quoted and payable in the currency specified at checkout, are exclusive of taxes, and are non-refundable except as required by law or as otherwise stated in a separate written agreement.
6. HIPAA & Data Protection
Starfish Health is designed to operate in compliance with the Health Insurance Portability and Accountability Act (HIPAA). Where applicable, we will enter into a Business Associate Agreement (BAA) with you prior to processing Protected Health Information (PHI) on your behalf.
You are responsible for ensuring that your use of the Service complies with all applicable privacy and data protection laws and that you have obtained any required patient consents for communications sent through the Service.
7. Data Rights & Privacy
As between you and Starfish Health, you retain all rights and title to your Customer Data, including any patient information processed through the Service. We do not claim ownership of Customer Data. Our Privacy Policy describes our data collection, use, and retention practices.
We may use de-identified, aggregated data to improve the Service, conduct research, and generate benchmarks, provided such data cannot reasonably be used to identify any individual patient or practice.
8. AI-Powered Features
The Service uses artificial intelligence to assist with patient communications, scheduling, and workflow automation. AI-generated outputs are provided as suggestions and should be reviewed by authorized practice personnel before being relied upon for clinical decisions. We do not guarantee the accuracy, completeness, or suitability of AI-generated content.
9. Intellectual Property
We and our licensors own all rights, title, and interest in and to the Service, including all software, algorithms, models, designs, graphics, and content. Except as expressly provided in these Terms, we do not grant you any rights or licenses to our intellectual property.
10. Confidentiality
Each party agrees to protect the other’s Confidential Information with the same degree of care it uses for its own, but no less than reasonable care. Confidential Information does not include information that is publicly available, independently developed, or lawfully obtained from a third party.
11. Term & Termination
These Terms are effective when you first access the Service and continue until terminated. Either party may terminate for convenience with 30 days’ written notice. We may suspend or terminate your access immediately if you breach these Terms. Upon termination, we will make your Customer Data available for export for 30 days, after which we may delete it.
12. Limitation of Liability
The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied. To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or the Service.
Our total aggregate liability under these Terms shall not exceed the fees paid by you in the twelve (12) months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless Leveling Up Data LLC, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
14. Governing Law
These Terms are governed by the laws of the State of Texas and the United States, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Texas.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. Contact
For questions about these Terms, contact us at [email protected].