Terms of Service
Last updated: December 2024
1. Acceptance of Terms
By accessing or using TouchpointHQ ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.
2. Family Portal Consent
Consent for Wellness Check-ins
This section applies to users of the TouchpointHQ Family Portal.
By using the TouchpointHQ Family Portal to add a loved one and send wellness check-ins, you confirm that:
- You have obtained verbal or written consent from your loved one to receive wellness check-ins via email and/or SMS
- Your loved one understands that their responses will be shared with you and other designated family members
- Your loved one has the right to opt out of check-ins at any time by contacting you or using the opt-out link in any message
- You will respect your loved one's privacy and use the information gathered solely for their wellbeing and care coordination
- You are acting in good faith and in the best interest of your loved one
Responsibility: As the family account holder, you are responsible for ensuring proper consent is obtained before initiating wellness check-ins. TouchpointHQ relies on your attestation that consent has been given.
3. Description of Service
TouchpointHQ provides an outcomes tracking platform for behavioral health clinicians, including substance use disorder and eating disorder treatment facilities. The Service includes patient management, assessment delivery, progress tracking, and reporting tools.
4. Account Registration
To use the Service, you must:
- Be a licensed healthcare clinician or authorized representative of a healthcare organization
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access to your account
5. Subscription and Billing
No Contracts • Cancel Anytime
All TouchpointHQ subscriptions are month-to-month with no long-term commitments. You may cancel your subscription at any time.
Pricing: Subscription fees are billed monthly at the rates displayed at the time of purchase. First 5 patients are free forever for clinician accounts.
Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, you will retain access until the end of your current billing period.
Refunds: We do not provide refunds for partial months. If you cancel, you will not be charged for subsequent billing periods.
6. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Share your account credentials with unauthorized users
- Attempt to gain unauthorized access to the Service or its systems
- Interfere with the proper functioning of the Service
- Upload malicious code or content
- Use the Service in violation of HIPAA or other applicable healthcare regulations
7. Data Ownership and Privacy
You retain ownership of all data you enter into the Service. We process your data in accordance with our Privacy Policy and applicable laws. For healthcare clinicians, we will enter into a Business Associate Agreement (BAA) as required by HIPAA.
8. Intellectual Property
The Service, including its original content, features, and functionality, is owned by TouchpointHQ and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute the Service without our written permission.
9. Disclaimer of Warranties
The Service is provided "as is" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or completely secure. TouchpointHQ is a tool to assist healthcare clinicians and does not provide medical advice, diagnosis, or treatment.
10. Clinical Responsibility and High-Risk Assessment Data
Important Notice for Clinicians
Please read this section carefully as it pertains to your clinical and legal responsibilities.
Clinical Judgment: TouchpointHQ is designed as a supplementary tool to assist clinicians with outcome tracking and assessment delivery. It does not replace professional clinical judgment, evaluation, or decision-making. All clinical decisions, including those related to patient safety, treatment planning, and crisis intervention, remain solely the responsibility of the licensed clinician.
High-Risk Indicators: Assessment results may include responses indicating high-risk situations, including but not limited to suicidal ideation, self-harm, homicidal ideation, or severe symptom escalation. TouchpointHQ does not actively monitor, interpret, or respond to such indicators. It is the sole responsibility of the clinician to:
- Regularly review all assessment results in a timely manner
- Identify and appropriately respond to high-risk indicators
- Implement appropriate safety protocols and interventions
- Maintain adequate clinical supervision and crisis response procedures
- Document clinical decisions and actions taken
No Liability for Patient Outcomes: TouchpointHQ, its officers, employees, and affiliates shall not be held liable for any patient outcomes, adverse events, or clinical decisions made or not made based on assessment data collected through the Service. By using the Service, you acknowledge and accept full clinical and legal responsibility for your patients' care and safety.
Alert Configuration: While TouchpointHQ provides configurable alert thresholds and notifications, these features are provided as a convenience and do not guarantee detection of all high-risk situations. Clinicians should not rely solely on automated alerts and must maintain independent clinical oversight of all patient data.
11. Limitation of Liability
To the maximum extent permitted by law, TouchpointHQ shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service, including but not limited to damages arising from clinical decisions, patient outcomes, or failure to identify or respond to high-risk assessment data. Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless TouchpointHQ from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, your violation of any rights of another party, or any claims arising from your clinical practice, patient care decisions, or failure to appropriately respond to assessment data.
13. Termination
We may terminate or suspend your account immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service will cease immediately. You may request export of your data within 30 days of termination.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes constitutes acceptance of the new Terms.
15. Governing Law
These Terms shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Cobb County, Georgia.
16. Contact Us
If you have any questions about these Terms of Service, please contact us at: