These Terms of Service ("Terms") constitute a legally binding agreement between your healthcare organization ("Client," "you," or "your") and Tevana Health ("Company," "we," "us," or "our") governing your use of the Tevana Health electronic health record platform, patient portal, and associated services (collectively, the "Platform").
By accessing or using the Platform, subscribing to our services, or executing an order form referencing these Terms, you represent that you have the authority to bind your organization and agree to be bound by these Terms and our Privacy Policy.
Subject to these Terms and payment of applicable fees, Tevana Health grants you a non-exclusive, non-transferable, limited license to access and use the Platform for your internal clinical and administrative operations during the subscription term.
The Platform includes:
You are solely responsible for ensuring that your use of the Platform complies with all applicable laws and regulations, including medical practice laws, health data regulations, and professional licensing requirements in your jurisdiction. Tevana Health provides compliance features to support your obligations but does not guarantee that use of the Platform alone satisfies all applicable legal requirements. You should consult qualified legal counsel regarding your specific compliance obligations.
You are responsible for the accuracy and completeness of all clinical and administrative data entered into the Platform. Tevana Health is not responsible for clinical decisions made by healthcare providers using information within the Platform.
You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your accounts. You must promptly notify us of any unauthorized access or suspected security breach. We recommend enabling multi-factor authentication for all user accounts.
AI-powered features on the Platform are provided as clinical support tools only. All clinical decisions remain the sole responsibility of the licensed healthcare provider. AI suggestions, differential diagnoses, and automated documentation must be reviewed and confirmed by a qualified clinician before being relied upon for patient care.
Subscription fees are specified in your order form or service agreement. Fees are due in advance of the subscription period. Failure to pay within the stated payment terms may result in suspension of access. All fees are non-refundable except as explicitly stated in your service agreement or required by applicable law.
We reserve the right to adjust pricing upon no less than 60 days' written notice prior to your renewal date. Continued use after the price change takes effect constitutes acceptance of the new pricing.
You retain all rights, title, and interest in patient health data and other data you upload or generate on the Platform. You grant Tevana Health a limited license to process this data solely for the purpose of providing the Platform services.
Tevana Health acts as a data processor on your behalf for patient health information. You are the data controller responsible for the lawful basis for processing patient data and for providing appropriate notices to patients. Our data processing obligations are detailed in our Data Processing Addendum, which forms part of your service agreement.
Tevana Health retains all rights, title, and interest in the Platform, including all software, AI models, algorithms, interfaces, and documentation. Nothing in these Terms transfers any intellectual property rights to you. You may not copy, modify, reverse engineer, or create derivative works from any part of the Platform.
Each party agrees to maintain the confidentiality of the other party's non-public information and to use such information only for purposes of performing obligations under these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
We target 99.9% platform availability, excluding scheduled maintenance windows communicated in advance. Our support commitments are specified in your service agreement. Critical clinical access issues are prioritized for response within two hours during support hours. Tevana Health does not guarantee uninterrupted access and is not liable for downtime caused by factors outside our reasonable control, including internet infrastructure failures, force majeure events, or third-party service outages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEVANA HEALTH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TEVANA HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET ALL OF YOUR REQUIREMENTS OR THAT AI-ASSISTED FEATURES WILL PRODUCE CLINICALLY CORRECT RESULTS IN ALL CASES.
You agree to indemnify and hold harmless Tevana Health and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your violation of applicable law; (c) clinical decisions made using the Platform; or (d) any third-party claims related to your use of the Platform.
These Terms remain in effect for the duration of your subscription. Either party may terminate for material breach upon 30 days' written notice if the breach is not cured within that period. Upon termination, your access to the Platform will cease and we will provide a data export for 60 days following termination, after which data will be securely deleted in accordance with our data retention schedule and applicable law.
These Terms are governed by the laws specified in your service agreement based on your market. For UAE clients, these Terms are governed by the laws of the Emirate of Dubai and the federal laws of the UAE. For India clients, these Terms are governed by the laws of India. Disputes shall be resolved through binding arbitration in the applicable jurisdiction before resort to litigation, except for claims for injunctive relief.
These Terms, together with your service agreement, order form, Privacy Policy, and Data Processing Addendum, constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements. If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force. These Terms may not be assigned without prior written consent. Tevana Health may update these Terms upon 30 days' notice, with continued use constituting acceptance.
For legal inquiries regarding these Terms, please contact: