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CollabMD Terms of Service

Last Updated: October 2025

1. Acceptance of Terms

By accessing or using the CollabMD platform, you agree to be bound by these Terms of Service. These terms apply to healthcare organizations, agencies, and their authorized users who access our platform.

2. Description of Service

CollabMD is a technology platform that provides software tools to healthcare organizations. We provide communication, scheduling, and documentation tools. CollabMD does not provide healthcare services, medical advice, or patient care. All healthcare services, patient relationships, and clinical decisions remain solely the responsibility of the healthcare provider using our platform.

3. Healthcare Provider Responsibilities

Healthcare organizations using CollabMD are solely responsible for:

• All aspects of patient care, treatment decisions, and medical services provided
• Obtaining all necessary patient consents, authorizations, and permissions before using platform features
• Ensuring compliance with all applicable federal, state, and local laws including HIPAA, TCPA, state medical practice acts, and patient privacy regulations
• The accuracy, completeness, and appropriateness of all information entered into or transmitted through the platform
• Handling all patient complaints, disputes, or issues arising from services provided
• Maintaining appropriate professional liability insurance
• Proper training of all staff members who access the platform
• Security of account credentials and controlling access to the platform
• Verifying that communications sent through the platform comply with professional standards and regulations

4. Platform Provider Role

CollabMD acts solely as a technology service provider. We do not:

• Provide medical advice or healthcare services
• Review or verify the content of communications sent through the platform
• Have any involvement in the provider-patient relationship
• Make any representations about the quality or appropriateness of healthcare services delivered
• Assume any responsibility for outcomes of patient care or treatment

5. HIPAA and Business Associate Status

When handling protected health information (PHI), CollabMD serves as a Business Associate to covered healthcare entities under a separate Business Associate Agreement (BAA). Our obligations are limited to those specified in the BAA. Healthcare providers remain the covered entity and are responsible for all HIPAA compliance obligations related to their patient relationships and use of PHI.

6. Data Ownership and Control

Healthcare organizations retain full control over all data entered into the CollabMD platform. Ownership of healthcare records and patient information is determined by applicable laws and the relationship between the healthcare provider and patient. CollabMD serves solely as a platform provider and claims no ownership rights to any customer or patient data. Healthcare providers are solely responsible for determining what information to collect, store, and transmit through the platform.

7. Prohibited Uses

Users may not:

• Send unsolicited marketing messages without proper consent
• Use the platform for any unlawful purpose
• Attempt to gain unauthorized access to the platform or other users' data
• Transmit malicious code, viruses, or interfere with platform operations
• Violate any applicable healthcare regulations or professional standards

8. Service Availability and Modifications

CollabMD provides the platform on an "as available" basis. We do not guarantee uninterrupted, error-free, or secure access to the platform. We reserve the right to modify, suspend, or discontinue any aspect of the platform at any time with reasonable notice. Healthcare providers are responsible for maintaining backup systems and alternative communication methods for patient care.

9. Disclaimers and Limitation of Liability

DISCLAIMER OF WARRANTIES: THE COLLABMD PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLLABMD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL ARISING FROM OR RELATED TO USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COLLABMD'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE HEALTHCARE ORGANIZATION FOR THE PLATFORM IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

Healthcare organizations agree to indemnify, defend, and hold harmless CollabMD, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• The healthcare provider's use of the platform
• Any violation of these Terms of Service
• Any violation of applicable laws or regulations
• The healthcare provider's relationship with patients
• Any content transmitted through the platform by the healthcare provider
• Any healthcare services provided or medical decisions made
• Any patient complaints, disputes, or malpractice claims

11. Dispute Resolution

Healthcare providers are solely responsible for resolving all disputes with their patients. CollabMD is not a party to the provider-patient relationship and has no obligation to participate in dispute resolution between providers and patients.

12. Termination

Either party may terminate service with written notice. CollabMD may immediately suspend or terminate access if we believe there is a violation of these terms or applicable law. Upon termination, healthcare organizations may export their data as permitted by the platform within a reasonable timeframe. CollabMD will handle data deletion in accordance with applicable regulations.

13. Changes to Terms

CollabMD reserves the right to modify these terms at any time. We will provide notice of material changes. Continued use of the platform after changes constitutes acceptance of the modified terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with applicable federal law and the laws of the state where CollabMD is registered, without regard to conflict of law principles.

15. Contact Information

For questions about these Terms of Service, please contact us at [email protected]