Last Updated: October 2024
Terms of Service
1. Acceptance of Terms
By accessing or using the platform, services, or related software provided by Total Health, Inc. ("Total Health", "we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access our platform or utilize our services.
2. Description of Services
Total Health provides an AI-assisted precision medicine platform ("Platform") designed to aid in the coordination of genetic testing, delivery of genetic counseling services, and structured reasoning analysis of genetic data. The Platform is intended to supplement, not replace, clinical judgment.
3. Eligibility and Account Responsibilities
You must be at least 18 years of age to use the Services. Users are responsible for maintaining the confidentiality of their account credentials and are strictly liable for all activities occurring under their account. You must notify us immediately of any unauthorized use of your account.
4. Intellectual Property
The Platform, its underlying decision-logic algorithms, design schemas, and all contained materials are the exclusive property of Total Health, Inc. and are protected by applicable intellectual property laws. You are granted a limited, non-transferable, revocable license strictly for permitted uses under these Terms.
5. Medical Disclaimer and Limitations
NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. Total Health provides a technological infrastructure to assist licensed clinical providers. We do not practice medicine. The output generated by the Platform must be independently evaluated by a qualified healthcare professional. In no event shall Total Health be liable for direct, indirect, incidental, or clinical damages arising from the use of the Platform.
6. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in New York County, New York.
Privacy Policy
1. HIPAA Notice of Privacy Practices
This section describes how medical information about you may be used and disclosed and how you can get access to this information under the Health Insurance Portability and Accountability Act (HIPAA).
1.1 Uses and Disclosures of PHI
We may use Protected Health Information (PHI) for treatment, payment, and health care operations. Total Health acts as a Business Associate to our clinical partners (Covered Entities) and complies strictly with Business Associate Agreements (BAAs).
1.2 Patient Rights
You have the right to request restrictions on certain uses, receive confidential communications, inspect and copy your PHI, request amendments to your PHI, and receive an accounting of disclosures. To exercise these rights, contact our Privacy Officer.
1.3 Authorization for Use and Disclosure of Protected Health Information
While most uses and disclosures of your Protected Health Information (PHI) fall under standard treatment, payment, and healthcare operations (as described above), certain scenarios require your explicit written permission. A formal HIPAA Authorization is a separate document you will sign at the point of care for uses not otherwise permitted under HIPAA—such as research outside the direct treatment relationship or disclosures to third parties at your request. The formal authorization document accessed via [URL or pathway to access the full Authorization Form] contains the following required elements:
Core Elements of the Authorization:
- A specific and meaningful description of the information to be used or disclosed (e.g., genetic test results, genetic counseling records, family medical history, and related PHI).
- The name or specific identification of the person(s) or class of persons authorized to make the requested use or disclosure (e.g., Total Health, Inc. and its authorized Business Associates).
- The name or specific identification of the person(s) or class of persons to whom Total Health may make the requested use or disclosure.
- A description of each purpose of the requested use or disclosure, or a statement that the disclosure is "at the request of the individual."
- An explicit expiration date or expiration event that relates to the individual or the purpose of the use or disclosure.
- The signature of the individual and date (or if signed by a personal representative, a description of their legal authority to act for the individual).
Required Statements:
- Right to Revoke: You have the right to revoke the Authorization in writing at any time, subject to certain exceptions where action has already been taken in reliance on it. To revoke an authorization, you must submit a written request to [Privacy Officer Name] at [Privacy Officer Email Address] or by mail to [Mailing Address for Revocation Requests].
- Conditioning of Treatment: Total Health will not condition your treatment, payment, enrollment, or eligibility for benefits on whether you sign the Authorization, except in specific instances permitted by law (e.g., research-related treatment).
- Potential for Redisclosure: Information disclosed pursuant to the Authorization may be subject to redisclosure by the recipient and may no longer be protected by the HIPAA Privacy Rule.
2. Genetic Information Nondiscrimination Act (GINA)
Total Health strictly adheres to GINA protections. GINA prohibits health insurers and employers from requesting or requiring genetic information of an individual or their family members, and from using this information for decisions regarding coverage, rates, or employment. Total Health will never disclose your genetic data to employers or health insurers without your explicit, legally valid authorization.
3. New York State Genetic Testing Regulations
In accordance with New York Civil Rights Law Article 79-l, genetic testing coordinated through our platform requires explicit, written informed consent. No person shall disclose your genetic test results to any organization or individual without your specific written consent, except as specifically authorized by state law. Your sample will be destroyed after the legally required retention period unless you consent to specific, anonymized research uses.
4. Telehealth Consent and Disclosures
By engaging in telehealth services (such as genetic counseling) facilitated by our platform, you acknowledge the nature and scope of these remote services.
4.1 Risks and Data Security
While we use end-to-end encrypted, HIPAA-compliant communication channels, you acknowledge the inherent risks of electronic transmission. We employ strict data security protocols to protect your sessions.
4.2 State-Specific Regulations
Providers rendering services are licensed in the state where you are located during the encounter (e.g., New York). You retain the right to withhold or withdraw consent to telehealth services at any time.
5. General Data Practices
5.1 Data Collection & Usage
We collect device and usage data (cookies, IP addresses) strictly to ensure platform security, verify user authentication, and monitor performance. We do not sell personal data.
5.2 Third-Party Sharing
Data is shared only with certified Business Associates required to deliver the Service (e.g., CLIA-certified laboratory partners, cloud hosting providers), all of whom are contractually bound by HIPAA.
5.3 Contact Information
For any privacy-related inquiries, to request data deletion, or to contact our designated Privacy Officer, please email: [Privacy Officer Email Address].