Terms
of Service for Professionals
Please
read these Terms of Service carefully (“Terms”). These Terms provided by
Kana Health Inc. (“KanaHealth,” “we,” “our,” and
“us”) govern and apply to your access and use of any of KanaHealth’s
services that are available via our mobile application and/or website www.kanahealth.ai
(as and when applicable) (collectively, the “Platform”). References in
this Agreement to “you” or “your” refer to both you
and any person on whose behalf you act, if any. By accessing or using our Platform,
you agree to be bound to all of the terms and conditions described in these
Terms along with our Terms of Use. If you do not agree to all of
these terms and conditions, you may not access or use any portion of the Platform
in any manner, for any purpose. Use of the Platform is not authorized in any
jurisdiction that does not give effect to all provisions of these Terms.
You
are accessing our Services as a mental health professional (“Professional”)
providing mental health support to various patients who have been on-boarded on
the Platform, either by themselves or by recommendation of the Professional. This
Platform shall only be used by Professionals who are registered to practice as
mental health professionals in the U.S.A and who are U.S.
Residents only.
We
reserve the right, at our discretion, to modify, replace, update or change any
of these Terms or change, suspend, or discontinue any services on the Platform
(including the availability of any feature, database, or content) at any time
and for any reason. KanaHealth shall not be liable to
you for any such modification, replacement, suspension or discontinuation of
your rights to access and use the Platform. However, if we make any material
changes to these Terms, we will update the “Last Updated” date set forth at the
beginning of these Terms, and we will notify you by e-mail, post a notice on
our home page, or alert you to such changes by other similar means. You may
choose to deregister from the Platform in the event you do not agree with any
such changes. We may also impose limits on certain features of the Platform or
restrict your access to all or part of the Services without notice or
liability. It is your responsibility to check these Terms periodically for
changes. By continuing to use the Services, you agree to accept all such
revisions, and any updates or revisions to these Terms.
AS A PROFESSIONAL, YOU UNDERSTAND AND AGREE
THE
SERVICES PROVIDED THROUGH THE PLATFORM ARE FOR NON-EMERGENCY PURPOSES ONLY. DO
NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE PLATFORM. IF AT ANY TIME YOU
ARE CONCERNED ABOUT A PATIENTS’ CARE OR THEIR SAFETY, OR IF YOU THINK THAT YOUR
PATIENT HAVE A MEDICAL EMERGENCY, CALL 911.
YOU
UNDERSTAND THAT THE PLATFORM IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY OR
TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT
AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL
SERVICE. PLEASE USE YOUR DISCRETION TO REPORT ANY EMERGENCY.
YOU
ACKNOWLEDGE AND AGREE THAT THE PLATFORM SERVICES ARE NOT INTENDED TO (AND DO
NOT) CREATE ANY PATIENT RELATIONSHIP BETWEEN KANAHEALTH AND THE PATIENT. AS A
PROFESSIONAL, THE PATIENT AND DOCTOR RELATIONSHIP EXISTS BETWEEN YOU AND THE
PATIENT AND YOU AGREE TO HOLD YOUR PATIENTS
INFORMATION PRIVATE AND CONFIDENTIAL.
The Platform shall collect private
and personally identifiable data, which shall be used in terms of the Privacy Policy promulgated and available on the
Platform.
As a professional, you understand
and agree that:
-
You will use the private and sensitive
information of the Patients ONLY in compliance with the Privacy Notice of the Professionals.
-
Consent
For Telehealth: You will not consult a patient unless the consent for
Telehealth has not been provided by the patient. You are required to confirm
the same prior to your first consult via the Platform. If there is no consent
present on the patient profile, please terminate the session.
-
Informed
Consent for Psychotherapy: You will not
consult through the platform, unless a consent for Psychotherapy has been given
by the Patient has been provided to you either directly or via the Platform. A
direct consent MUST be uploaded on the Platform. The therapeutic relationship between
the Patient and the Professional is unique in that it is highly personal and at the same time, a
contractual agreement. It is imperative for You and the Patient to reach a
clear understanding about how your relationship will work, and what each of you
can expect. The consent provides a clear framework for your work with the Patient.
You understand that the Platform simply facilitates the process, and has no
role to play in terms of the direction and the process of Psychotherapy and
disclaims all liabilities.
Terms and Conditions for Onboarding
the User/Patient:
1. Registration of the Account:
a. You must register and create an account
(an “Account”) to use the Services. When creating an Account, you
represent and warrant that (a) you are a licensed mental health professional in
good standing with the state that you are registered with; (b) you have the
legal capacity to enter into a binding contract; (c) all information you
provide to us is truthful and accurate; (d) You are responsible for maintaining
the accuracy of your licensure and credentials, and the Platform reserves the
right to request verification at any time; and (e) You must comply with all
applicable federal and state laws, including but not limited to the Health
Insurance Portability and Accountability Act (HIPAA) and any
state-specific mental health and telehealth regulations.
b. You agree that you will create only one
Account (either as a professional or otherwise). You are responsible for
maintaining the confidentiality of your Account password, and you agree to
notify us if your password is lost, stolen, or disclosed to an unauthorized
third party, or otherwise may have been compromised. You are responsible for
activities that occur under your Account. KanaHealth
may, in its sole discretion, reject your Account registration, delete your
Account, change our eligibility criteria, or otherwise refuse to offer the
Services to you or any other person or entity at any time, for any reason.
c. When creating an Account, you will be
required to select a screen name and password with which you will use to login
and access your Account. You shall not select or use a User ID any name or
other words: (a) with the intent to impersonate another person; (b) subject to
any rights of any third party without appropriate authorization; or (c) that is
otherwise offensive, vulgar or obscene. KanaHealth
reserves the right to refuse registration of, or cancel, a User ID in its sole
discretion; or (d) If you’re making an account under a clinic or a part of a
larger organization, then, you shall only use your official e-mail id for registering
the Account. You shall never use another user’s Account without express
permission. You will immediately notify KanaHealth in
writing of any unauthorized use of your Account, or other Account related
security breach of which you become aware. In addition to the terms stated
herein, Your Account shall also be bound by the terms of subscription specific
to the type of account that has been created by You.
d. As a condition of using the
Platform, you will be required to provide KanaHealth
with your email address and phone number as part of Account registration. As
part of using the Platform, you will receive from us email and other
communications (e.g., SMS messages and voice calls) relating to your use of the
Platform. By disclosing your contact information or otherwise sending
electronic communications through the Platform, you acknowledge and agree that
we may send you communications through registered mail, email and other
electronic communications, SMS messages, voice calls or otherwise, in each case
that we determine, in our sole discretion, are related to your use of the
Platform. As part of using the Platform, you agree to receive all agreements,
notices, disclosures and other communications that we provide to you in
electronic form and acknowledge that receipt of such documents in electronic
form satisfies any legal requirement that such communications be in writing.
PLEASE NOTE THAT WHEN YOU CONTACT US BY
EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE OR CONFIDENTIAL. BY SENDING
ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING
TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU
ACKNOWLEDGE AND ACCEPT ANY RISK OR DAMAGE ARISING FROM THE DISCLOSURE OF SUCH
INFORMATION.
e. Notwithstanding anything contained herein, providing
accurate health/medical history shall always be the responsibility of the
User/Patient and any records that are taken by the Professional shall be
responsibility of the Professional. Platform shall not be responsible for the
diagnoses and the treatment thereafter which may be based on incorrect
medical/health history.
2. Appointments and Consultations:
a.
All appointments shall be
accepted by the Professional through the Platform, wherein the appointment
schedules and slots shall be made available. All appointment slots shall be of 50
(fifty) minutes each. However, in the event longer sessions are required, then
the same shall be discussed and booked via the Platform with discussion between
the Patient and the Professional.
b.
The payment for the
appointments shall be pre-paid by the User/Patient seeking such appointment and
the payment shall be made on the Platform. The Professional is prohibited from
taking any payment outside the Platform, and any attempt to solicit payment
otherwise shall be material breach of the use of the Platform and KanaHealth shall have the right to bar you from the
Platform.
c.
The Professional understands
that all Users/Patients are required to log in for their consultation at the
time of the appointment. Delay in the same shall be the responsibility and liability
of the User/Patient and that a delay of beyond 10 mins will entail cancellation
of the session. This shall be considered as a chargeable session.
d.
Cancellation and
Rescheduling: It is important that
cancellation and/or rescheduling happens in a timely manner. All cancellations
and rescheduling will be done 24 hours in advance. Patient will be responsible for the entire fee if
cancellation is less than 24 hours. Professional understands that cancellations
and re-scheduled session will be subject to a full charge if NOT RECEIVED
ATLEAST 24 HOURS IN ADVANCE.
e. The Professional understands that all consultations on the
Platform shall be guided by the Practice Policies, and as a Professional it is
your responsibility to ensure that you follow the Practice Policies that are
provided and which have been consented to by User/patient on the Platform. Please
acquaint yourself with the Practice
Policies. In the event, these policies
have not been consented to by the Patient, please ensure that the consent is
uploaded prior to the sessions and consults.
f. You understand that no consultations shall be anonymous. However,
you will be bound by the HIPAA regulations. Notwithstanding the foregoing, you
are required to ensure that you are not treating a patient with fake
credentials, and/or if a User/Patient uses the Platform for any illegal,
unauthorized purposes, and ensure that you report the same, and the Platform
shall have the right to ban such User/Patient from accessing the Platform.
g. All consultations (either audio/video) shall be recorded and
the records handled as per the privacy policy of the Platform and the
applicable laws. You agree to conduct all sessions ethically and
professionally, adhering to your licensing board’s standards and the American
Psychological Association (APA) Code of Ethics or any other applicable
professional guidelines.
h. You must ensure that your Patients are aware that
AI-generated insights are supplemental and do not replace clinical judgment or
medical advice.
i. You are responsible for
documenting and maintaining patient records in compliance with applicable laws.
3. Subscription
Fee, Payment Terms:
a. The Professional shall pay a subscription Fee at the time of
signing up and creation of the Account. You will be charged as indicated by the
Platform. By providing your credit card, bank account, or other payment method
information to KanaHealth, you authorize KanaHealth to charge or debit that payment method for fees
owed to KanaHealth for services purchased, pursuant
to the terms associated with the use of the Platform. By providing your bank
account information and signing up for direct debits from KanaHealth,
you authorize KanaHealth to use ACH to debit the bank
account specified for any amount owed for charges arising from your use of the
Platform, pursuant to these Terms, until this authorization is revoked. Any
credit card, bank account information, and related billing and payment
information that you provide to KanaHealth may be
shared by KanaHealth with companies who work on KanaHealth’s behalf, such as payment processors and/or
credit agencies, for the purposes of verifying your account, checking credit,
effecting payment to KanaHealth, and servicing your Account.
KanaHealth may also provide information in response
to valid legal process, such as subpoenas, search warrants and court orders, or
to establish or exercise its legal rights or defend against legal claims. KanaHealth may obtain updated payment information for
credit and debit cards through payment card networks, card issuers or other third party sources. KanaHealth
may use the updated card and bank account information to charge amounts you
owe. KanaHealth shall not be liable for any use or
disclosure of such information by such third parties.
b. Cancellation and Refunds: There are no refunds for the
subscription fee.
4. Representations, Warranties and
Covenants of the Professional: The Professional represents,
warrants and covenants that:
a. The Professional is a licensed
professional in good standing in your respective state and that you shall
during your tenure continue to maintain your license and continue to remain in
good standing with the state.
b. You shall ensure that you
follow all the policies and applicable laws in providing consults to the
Patients.
c. You must comply with all
applicable federal and state laws, including but not limited to the HIPAA and
any state-specific mental health and telehealth regulations.
d. You agree not to provide emergency
or crisis intervention services through the Platform. Patients requiring
immediate assistance should be directed to emergency services (911) or crisis
hotlines.
e. The Platform utilizes AI to analyze sessions and generate insights that may help in
patient care. AI-generated insights are advisory only and do
not constitute medical diagnoses, treatment plans, or a substitute for
professional judgment. As a Professional, you acknowledge that AI
recommendations may be incomplete, require professional interpretation, and
should not be relied upon as the sole basis for clinical decisions. The
Platform does not assume liability for any clinical decisions made based on
AI-generated insights.
5. Term and Termination: The Professional
shall only be listed on the Platform after verification has been undertaken.
Unless modified, these terms and conditions continue to remain valid,
subsisting and binding on the Professional till the Professional continues to
use the Platform. You may choose to unsubscribe/unregister from the Platform at
his/her own discretion, however, the same shall not make the You eligible for
any refunds. Platform may immediately, without notice,
terminate the Account and/or stop providing access to the Platform if (i) the Professional
has materially breached your obligations under these Terms, the payments terms,
our Policies, (ii) Professional
has violated applicable laws, regulations or third party rights, or (iii) Platform
believes in good faith that such action is reasonably necessary to protect the
personal safety or property of Platform other Users and the Patient/ User.
7. Professional is responsible for maintaining the
confidentiality and security of their User Account credentials and may not
disclose their credentials to any third party. Patient/User
are liable for any and all activities conducted through their User Account.
8. Professional acknowledge and agree that the Platform
and the content available on the Platform (“Platform
Content”), including all associated intellectual
property rights, are the exclusive property of KanaHealth
and/or its licensors or authorizing third-parties. Professional will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Platform.
9. Patient/User is solely responsible for compliance
with any and all laws, rules, regulations, and other obligations that may apply
to the Patient/User for use of the Platform.
10. The
Professional shall indemnify and hold harmless the
Platform and KanaHealth in connection with
non-compliance and breach of laws and of the representation and warranties
stated herein. Professional
agrees to release, defend (at Platform’s option), indemnify, and hold Platform
and its affiliates and subsidiaries, including but not limited to, its officers, directors, employees and agents,
harmless from and against any claims, liabilities, damages, losses, and
expenses, including, without limitation, reasonable legal fees, arising out of
or in any way connected with the use of the Platform by the Professional.
11. The
Platform is provided “as is”, without warranty of any kind, either express or
implied.
12. Professional assumes full responsibility for the
choices you make before, during and after your use of the Platform.
13. Limitation of Liability.
TO
THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL
KANAHEALTH, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES,
CONTRACTORS, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE
LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR
EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING ANY CONTENT) PROVIDED
HEREUNDER, INCLUDING ANY LIABILITY: (a) FOR ANY LOST PROFITS, DATA LOSS, COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER; OR (b) FOR ANY DAMAGES IN EXCESS OF TEN U.S. DOLLARS ($10.00). ANY
CLAIMS AGAINST KANAHEALTH ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES
MUST BE BROUGHT AGAINST KANAHEALTH WITHIN ONE (1) YEAR OF THE DATE OF THE
APPLICABLE EVENT GIVING RISE TO SUCH ACTION, OR BE FOREVER BARRED.
NOTWITHSTANDING THE FOREGOING AND TO THE
MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL KANAHEALTH
OR ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR ANY : (x) HARM CAUSED BY
THE NEGLIGENCE OR MISCONDUCT OF ANY LICENSED MEDICAL PROFESSIONAL OR OTHER
THIRD PARTY OR USE OF AI BY THE PROFESSIONAL; OR (Y) DELAY, UNINTENDED
DISCLOSURE, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER
INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES.
14. The Platform disclaims all liability pertaining to the medical
advice and therapy that is given by the Professional. The Platform facilitates Patient/User
and Professional’s interaction and consult. The Professional is chosen by the
Patient/User only. All medical advice is given by the Professional in their
opinion and the Platform does not have any influence in the matter. The Professional
is not an employee or in any way connected to the Platform.
15. The
foregoing disclaimers apply to the maximum extent permitted by law.
16. Usage, Use of LLM’s:
a. Large Language Models (LLMs) are an important integration that
allow Us significant advantages in provision of our Services such as enhanced
data analysis and decision support. We use LLM’s in the Service to help with:
·
Enhanced Data Analysis and Retrieval: LLMs, powered by advanced natural
language processing, excel in comprehending and extracting valuable insights
from Electronic Health Records (EHRs). This translates to faster and more
accurate access to critical patient information, enabling healthcare
professionals to make well-informed decisions promptly.
·
Improved Documentation Accuracy: Through the integration of specialized
medical transcription datasets, LLMs significantly elevate the accuracy of
medical documentation. This ensures that patient records are not only created
efficiently but also with a level of precision that reduces the likelihood of
errors. This is critical for maintaining the integrity of patient histories and
treatment plans.
·
Predictive Healthcare and Disease Management: LLMs have demonstrated
their potential in reimagining disease management their ability to sift through
extensive datasets and provide insights that can inform strategies for
predicting, preventing, and managing diseases.
·
Time Efficiency and Workflow Streamlining: By automating tasks related
to data analysis and documentation, LLMs free up valuable time for healthcare
professionals, like you, allowing you more time on direct patient care,
ultimately leading to improved patient outcomes and a more efficient healthcare
system.
b. LLM learn the statistical relationships
present in training datasets, which may include toxic language and historical
biases along race, gender, sexual orientation, ability, language, cultural, and
intersectional dimensions. We recommend that while using our Services the
Customer take model toxicity and bias into account and you acknowledge and agree:
·
Outputs
may not always be accurate and may contain material inaccuracies even if they
appear accurate because of their level of detail or specificity.
·
You
should not rely on any outputs without independently confirming their accuracy.
·
The
Services and any Outputs may not reflect correct, current, or complete
information.
c. We may use your materials to provide,
maintain, and improve the Services and to develop other products and services.
We will not train our models on any materials that are not publicly available.
d. Human-in-the-loop: when using our services
through the Platform to provide advice, recommendations, or subjective
decisions that directly impact individuals in high-risk domains, a qualified
professional in that field must review the content or decision prior to
dissemination or finalization. This requirement applies specifically to content
or decisions that are provided to consumers or the general public, or decisions
made about an individual. As a Professional you are responsible for the
accuracy and appropriateness of that information. For other types of content
generation or interactions with users that do not involve direct advice,
recommendations, or subjective decisions, human review is mandatory.
e. Any data sent to LLMs is handled by
models hosted within Our Azure infrastructure. No data is sent to external LLM
providers such as ChatGPT.
17. International
Use. Accessing the Platform is prohibited from territories where such
Services are illegal. If you access the Platform from other countries, you do
so at your own initiative and are responsible for compliance with all
Applicable Laws.
18. Governing
Law, Dispute Resolution. A printed version of these Terms and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. These Terms shall be
governed by, construed, and interpreted in accordance with the laws of the
State of Delaware without regard to any choice of law principle that would
dictate the application of the law of another jurisdiction. Any dispute arising
from or relating to the subject matter of this Agreement shall be finally
settled by binding arbitration in Delaware, using the English language in
accordance with the Arbitration Rules and Procedures of Judicial Arbitration
and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial
arbitrator with substantial experience in resolving intellectual property and
commercial contract disputes, who shall be selected from the appropriate list
of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and
Procedures of JAMS. The prevailing party in the arbitration shall be entitled
to receive reimbursement of its reasonable expenses (including reasonable
attorneys’ fees, expert witness fees, and all other expenses) incurred in
connection therewith. Judgment upon the award so rendered may be entered in a
court having jurisdiction or application may be made to such court for judicial
acceptance of any award and an order of enforcement, as the case may be.
Notwithstanding the foregoing, each party shall have the right to institute an
action in any court of proper jurisdiction for injunctive or other equitable
relief pending a final decision by the arbitrator. For all purposes of this
Agreement, the parties hereby irrevocably consent to the exclusive jurisdiction
and venue of the state and federal courts sitting in Delaware, USA. EACH PARTY
HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL
PROCEEDING RELATING TO THIS AGREEMENT.
19. The
following claims are exceptions to the Arbitration Agreement and will be
brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement,
misappropriation or violation of Platform’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights; (ii) Any claim seeking
emergency injunctive relief based on exigent circumstances (e.g., imminent
danger or commission of a crime, hacking, cyber-attack).
20. Except
as they may be supplemented by terms of use, privacy policy, guidelines or
standards or consents these Terms constitute the entire agreement between Platform
and Professional pertaining to the subject matter hereof,
and supersede any and all prior oral or written understandings or agreements
between Platform and you in relation to the access to and use of the Platform.
21. No
joint venture, partnership, employment, or agency relationship exists between Professional and Platform as a result Patient/User use of the Platform.
22. These
Terms do not and are not intended to confer any rights or remedies upon any
person other than the parties.
23. If
any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and will not affect the validity and enforceability of
the remaining provisions.
24. KanaHealth’s failure to enforce any right or provision in
these Terms will not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing. Except as expressly set forth in
these Terms, the exercise by either party of any of its remedies under these
Terms will be without prejudice to its other remedies under these Terms or
otherwise permitted under law.
25. Survival:
The termination of herein of these Terms shall in no event terminate or
prejudice: (i) any right or obligation arising out of
or accruing under these Terms and Conditions attributable to events or
circumstances occurring prior to such termination; (ii) any provision which by
its nature is intended to survive termination.
26. Telehealth
for California Residents: Services by electronic means, including but not
limited to telephone communication, the Internet, facsimile machines, and
e-mail is considered telemedicine by the State of California. Thus, the
services provided through the Platform are considered as Telemedicine under the
California Telemedicine Act of 1996. In that regard, use of the Platform for
consult with the Professional, the Professional understands that:
a. The
Patient/ User retains the option to withhold or withdraw consent at any time
without affecting the right to future care or treatment or risking the loss or
withdrawal of any program benefits to which the Patient/ User would otherwise
be entitled.
b. All
existing confidentiality protections are equally applicable. Please ensure that
you continue to maintain confidentiality.
c. Patients’
access to all medical information transmitted during a telemedicine
consultation is guaranteed, and copies of this information are available for a
reasonable fee.
d. Dissemination
of any of Patients’ identifiable images or information from the telemedicine
interaction to researchers or other entities shall not occur without Patients’
consent.
e. There
are potential risks, consequences, and benefits of telemedicine. Potential
benefits include, but are not limited to improved communication capabilities,
providing convenient access to up-to-date information, consultations, support,
reduced costs, improved quality, change in the conditions of practice, improved
access to therapy, better continuity of care, and reduction of lost work time
and travel costs. Effective therapy is often facilitated when the therapist
gathers within a session or a series of sessions, a multitude of observations,
information, and experiences about the client. Professionals may make clinical
assessments, diagnosis, and interventions based not only on direct verbal or
auditory communications, written reports, and third person consultations, but
also from direct visual and olfactory observations, information, and
experiences. When using information technology in therapy services, potential
risks include, but are not limited to the Professional's inability to make
visual and olfactory observations of clinically or therapeutically potentially
relevant issues such as: your physical condition including deformities,
apparent height and weight, body type, attractiveness relative to social and
cultural norms or standards, gait and motor coordination, posture, work speed,
any noteworthy mannerism or gestures, physical or medical conditions including
bruises or injuries, basic grooming and hygiene including appropriateness of
dress, eye contact (including any changes in the previously listed issues),
sex, chronological and apparent age, ethnicity, facial and body language, and
congruence of language and facial or bodily expression. Potential consequences
thus include the Professional not being aware of what he or she would consider
important information, that you may not recognize as significant to present
verbally the therapist.
f. Minors:
If the Patient is a minor, Patients’ parents may be legally entitled to some
information about the Patients’ therapy. The Professional is required to
discuss this with Patient and the Parents and also be cognizant of what
information to keep confidential.
By Registering on the Platform, the Professional
accepts the terms and conditions stated herein, which may be updated and
amended from time to time and the same shall be notified to the Professional.
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