Neem Health

Terms & Conditions

1. Overview of Neem Health Services and Definitions

Neem Health is a centralized health management platform that connects patients and healthcare providers to improve care coordination and communication. Our services include:

For Patients: Smart appointment booking, automated referral management, a secure document hub, and an AI health assistant for non-emergency guidance.
For Providers: Tools for managing patient appointments, automating referral workflows, securely sharing documents, and communicating with other providers.

Definitions

User: For the purposes of these Terms and Conditions, a 'User' refers to any individual who has registered for a Neem Health account by creating a username and password and has agreed to these Terms. Users may include patients, healthcare providers, administrative staff, or other authorized parties interacting with the Neem Health platform.
Protected Health Information (PHI): Any individually identifiable health information wtransmitted or maintained in any form, as defined under HIPAA.
Platform: Refers to Neem Health's technology, software, services, and infrastructure used to support patient-provider interactions, appointment bookings, and care coordination.

2. Data Security

Neem Health prioritizes the protection of your health information and complies with HIPAA regulations. We use industry-standard security measures, including encryption and two-factor authentication, to safeguard your Protected Health Information (PHI).

To ensure data integrity and security, Neem Health utilizes Microsoft Azure, a HIPAA-compliant cloud service provider, to store and process all user data, including PHI. All data is encrypted in transit and at rest. AI-based services, such as our health assistant, also operate through Azure's HIPAA-compliant processing infrastructure.

While Neem Health takes all reasonable steps to protect your data and selects secure vendors, we rely on Azure to maintain the infrastructure, physical security, and underlying data protection protocols. Neem Health is not liable for security breaches, data losses, or other incidents arising from Azure's failure to fulfill its obligations, except as required by law.

By using Neem Health, you acknowledge our commitment to protecting your data and agree to our security practices.

3. HIPAA Compliance and Notice of Privacy Practices

Neem Health is committed to protecting the privacy and security of your Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA). This section outlines how Neem Health complies with HIPAA regulations and provides a Notice of Privacy Practices to inform patients of their rights and our practices.

a. Secure Handling of PHI

Neem Health ensures that all PHI shared or stored on the platform is encrypted and protected by advanced security measures, including two-factor authentication.
Your PHI is only accessible to authorized healthcare providers involved in your care or as permitted by HIPAA.

b. Use and Disclosure of PHI

Neem Health may use or disclose your PHI for the following purposes:

Treatment: To share your health information with your healthcare providers to facilitate accurate diagnoses, treatments, referrals, and care plans.
Payment: To process payments related to your appointments or referrals, when applicable.
Healthcare Operations: To improve our platform, ensure quality assurance, and perform compliance audits.
Legal and Regulatory Requirements: To comply with applicable laws, subpoenas, or court orders.

We will not use your PHI for marketing purposes or share it with third parties without your explicit consent, except as permitted by HIPAA.

c. Your Rights as a Patient

As a Neem Health user, you have the following rights concerning your PHI:

Access to Your Information: You can access and review your health information stored on Neem Health through your secure account.
Request Corrections: You can request corrections to inaccurate or incomplete information in your records.
Restrict Sharing: You may request that your PHI not be shared with certain providers or for specific purposes, subject to legal requirements.
Receive an Accounting of Disclosures: You have the right to request a record of when and with whom your PHI has been shared, outside of treatment, payment, or healthcare operations.
Revoke Authorizations: You can revoke your consent for specific uses of your PHI at any time, except where actions have already been taken based on your prior consent.

d. How Neem Health Protects Your Privacy

Encryption: All data entered into Neem Health is encrypted during transmission and while stored.
Secure Document Hub: Your health records and documents are stored in a secure hub, accessible only to authorized users through two-factor authentication.
Restricted Access: Only the healthcare providers you explicitly engage with can access your PHI, ensuring responsible and limited data sharing.
Data Hosting: Your data is stored and processed using Microsoft Azure's HIPAA-compliant cloud infrastructure. This includes secure AI processing for our health assistant feature. Neem Health relies on Azure to uphold infrastructure-level security and is not responsible for security breaches or outages that result from Azure's systems, except as required by law.

e. Notice of Privacy Practices

This Notice of Privacy Practices explains how your PHI is handled on Neem Health and your rights under HIPAA. By using Neem Health, you acknowledge and accept the terms outlined in this Notice.

Changes to Our Privacy Practices: Neem Health reserves the right to modify this Notice and our privacy practices. Updated versions will be posted on our platform, and significant changes will be communicated to you.
Contact for Privacy Concerns: If you have questions or concerns about our privacy practices or wish to exercise your rights, please contact our support team at [support contact info].

f. Reporting Violations

If you suspect a violation of your privacy rights or Neem Health's security practices, please report it immediately to our support team. You also have the right to file a complaint with the U.S. Department of Health and Human Services (HHS).

4. Business Associate Agreement (BAA) & Provider Responsibilities

Neem Health serves as a Business Associate to healthcare providers under HIPAA. Providers authorize us to manage and store PHI securely and in compliance with regulations. Providers are responsible for:

Accurate Data Entry: Ensuring all information is correct and complete to avoid errors in patient care.
Workflow Adherence: Using Neem Health's workflows correctly, such as marking patient visits accurately to maintain proper records.
Secure Communication: Sharing PHI only through Neem Health's secure document hub, as we are not responsible for data security outside the platform.
Data Management: Uploading patient records correctly and securely, as Neem Health is not liable for data mismanagement.
Referral and Authorization Management: Providing accurate details for referrals and prior authorizations to ensure seamless processing.
Responsibility for Staff & Administrative Users: Providers are responsible for ensuring that their practice employees, administrative staff, or other authorized users handling PHI on Neem Health comply with HIPAA, data security protocols, and Neem Health's platform policies. Any actions taken by these users on behalf of the Provider remain the Provider's responsibility.

By agreeing to these Terms, terms outlined in the Provider Consent to Participate Agreement, and the Provider Consent to HIPAA Agreement, providers accept their responsibilities as outlined in the BAA.

5. Patient Responsibilities

Patients agree to:
Provide accurate and up-to-date health information.
Use the AI health assistant for non-emergency purposes only. In case of emergencies, they must contact emergency services, like 911.
Monitor their appointments and manage prior authorization status, making adjustments if necessary.

6. Data Privacy Policy

Neem Health is dedicated to protecting your privacy. Our data privacy practices include:

Data Collection: We collect personal and health information to deliver our services, such as scheduling, referral management, AI-driven patient support, and provider communication.
Data Use: Your information is used solely to enhance your experience and facilitate healthcare services. We do not use your data for marketing without explicit consent.
Data Sharing: We share PHI only with authorized healthcare providers involved in your care. Neem Health does not sell or share your data for advertising purposes.
Data Security: We implement robust security measures, including encryption and authentication, to protect your information. However, no system is entirely immune to breaches, and we cannot guarantee absolute security.
User Rights: You may access, update, or delete your data, subject to legal obligations. For assistance, contact our support team.

7. Limitations of Liability

Neem Health is committed to providing a reliable and secure platform but is not liable for:

Third-Party Services - Issues or damages arising from the use of integrated third-party services.
Medical Decisions & Services - Neem Health does not provide medical advice or treatment. Providers, Healthcare Practices, and their Employees are solely responsible for patient care, diagnoses, and clinical decisions.
HIPAA & Privacy Compliance - Neem Health provides HIPAA-compliant tools but is not liable for Provider, Healthcare Practice, or Employee violations, data mishandling, or unauthorized disclosures. Providers and their Employees are responsible for adhering to healthcare laws, even when using Neem Health's HIPAA-compliant features.
Provider-Patient Disputes - Neem Health does not control Provider or Employee availability, service quality, medical charges, or interactions. Any issues must be resolved between the Patient and Provider.
Appointments & Referrals - Neem Health facilitates scheduling and referrals but does not guarantee Provider or Employee availability, timely follow-ups, or accurate referral processing.
Accuracy of Patient Health Information (PHI) - Providers and their Employees are responsible for entering and maintaining accurate medical records. Neem Health does not verify or modify PHI.
Platform Downtime - Losses from temporary unavailability or disruptions.
Indirect Damages - Any indirect, incidental, or consequential damages, including lost profits or data.
Unauthorized Access - Breaches beyond Neem Health's control, such as hacking.
Data Accuracy - Errors in user-provided information. Providers, Employees, and Patients are responsible for ensuring the accuracy of all data.
Medical Guidance - Decisions made based on the AI assistant, which does not offer medical advice. Always seek professional healthcare for medical concerns.
General Liability Exclusion - Neem Health is not liable for indirect, incidental, or consequential damages, including lost data, financial losses, or service disruptions.

8. AI Health Assistant Disclaimer

Neem Health's AI health assistant is a digital tool intended to help users check symptoms, access general health information, and book appointments. It does not provide medical advice, diagnosis, or treatment, and is not a substitute for professional medical care.

Do not rely on the AI assistant for decisions about your health or delay seeking care based on its suggestions. In a medical emergency, call 911 or go to the nearest emergency room.

9. Consent to Communications

By providing your phone number and/or email address, you consent to receive communications from us regarding important updates about our services, your account, and transactional information. Additionally, you may receive promotional materials and offers about our products and services. You can opt out of promotional messages at any time by clicking 'unsubscribe' in emails or replying 'STOP' to text messages. Please note that even if you opt out of promotional communications, we may still contact you with essential service-related information.

10. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of the State of New York, without regard to conflict-of-law rules. If a dispute arises between you and Neem Health, we encourage you to contact us first to resolve it informally. If a resolution cannot be reached, you agree that any legal claims will be resolved through binding arbitration, following the rules of the American Arbitration Association (AAA), and held in New York County, New York.

By using Neem Health, you agree to resolve disputes through arbitration instead of going to court, and you waive the right to a jury trial or class action.

11. Changes to Terms

Neem Health may from time to time update these Terms and Conditions. We will notify registered users of changes. Continued use of the platform following such notifications constitutes acceptance of the updated terms.

Thank you for choosing Neem Health! If you have questions or concerns about these Terms and Conditions, please contact our support team at admin@neemhealth.ai.