Terms of Service

Last Updated: October 30, 2024

Your relationship with Avela Health and the Avela Health Parties is subject to binding arbitration. Please carefully review Section 26 below for more information.

If you are privately paying for the service (in other words, not through your insurance), you may be subject to an auto-renewal subscription-based billing model. Please see Section 6 below for more information regarding billing, financial responsibility, cancellations, and refunds.

The Service

These Terms of Service (the “Terms”) cover your access and use of the Service. For purposes of these Terms, the “Service” includes:

The websites owned or operated by Avela Health or its affiliates, subsidiaries, or related companies, including but not limited to www.joinavela.com
The Avela Health mobile application (the “App”);
Avela Health’s subdomains and other related services and products provided in connection with or through the App or Site.

Without limiting the generality of the foregoing, the Service may also include, without limitation:

Access to educational content, such as information, text, graphics, photos, resources, or other materials appearing in the App or Site (collectively, the “Content”);
The ability to create, upload, transmit, display, and access User Content (as defined below);
The ability to interact with relevant personnel, including licensed healthcare professionals, behavioral specialists, coaches, and support teams employed by or contracted with a professional entity associated with Avela Health;
The ability to interact with other users of the Service, in both clinical and non-clinical settings, through User-to-User communication features, including but not limited to community chat, forums, or other similar features;
The ability to request your health information and share it with other healthcare providers, friends, or family to better manage your child’s care.

These features are available only to users who register for the Service and only for the duration of their access to the Service. The Service is generally available to individuals who:

Are at least 18 years old;
Reside in the United States of America or any of its territories;
Meet the criteria established for registering with the Service; and
The ability to request your health information and share it with other healthcare providers, friends, or family to better manage your child’s care.

By completing the registration process and creating Login Credentials (i.e., user ID and password), you represent that you are at least 18 years old. Avela Health reserves the right to refuse to offer the Service to any person or entity. We may also change, replace, suspend, or discontinue the Service or any part thereof at any time for any reason, without notice or liability.

Legally Binding Agreement

Your access to, and use of, the Service is subject to these Terms and the Privacy Policy (the “Privacy Policy”). If you access clinical services through the Service, your use of the Service will also be subject to:

The Notice of Privacy Practices (NPP);
The Avela Health Privacy Policy;
The Avela Health Clinic Informed Consent for Telehealth, Treatment, and Prescription of Medications;
The Treatment Agreement and Member Rights;
Consent to Exchange Information for Treatment, Payment, and Healthcare Operations Purposes (TPO);
Shared Medical Appointment Member Confidentiality Agreement;
The Treatment Agreement and Member Rights;

Please read the Agreements carefully as they contain important information about your legal rights and obligations. By accessing or using the Service, you agree to be bound by these Agreements.

The Nature of Avela Health Services

Avela Health collects Personal Information that you choose to provide to us in connection with your use of the Service, regardless of how it is provided. The collection of Personal Information may occur in the following ways:

Technology Platform: Avela Health provides access to a digital platform that connects users with healthcare professionals, educators, and other support services. The primary purpose of the platform is to support families with neurodivergent children through education, consultation, and care coordination.

Non-Healthcare Provider Statement: Avela Health is not a healthcare provider and does not offer medical advice or treatment. Any healthcare services provided are delivered by licensed healthcare professionals associated with Avela Health Clinics, which are independently owned and operated professional medical practices.

Non-Emergency Services: The Service is intended for non-emergency purposes only. You should not use the Service in the event of a medical emergency. If you believe you or your child is experiencing an emergency, call 911 or visit the nearest emergency room.

Fees and Payment

Your Payment Information: Avela Health will charge any fees associated with your account to the credit card or debit card on file. By providing payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method.

Private Pay Subscriptions and Recurring Payments: If you privately pay for the Service (a “Private Pay Subscription”), Avela Health will charge you a subscription fee for the period selected. Your subscription will automatically renew unless canceled in accordance with these Terms. Initial fees may apply depending on the specific services used.

Additional Fees: You agree to pay any additional fees, such as no-show fees, cancellation fees, medication costs, lab test fees, or any other service-related charges.

Insurance: If you have health insurance, your insurance plan may cover all or part of the Service. Avela Health may submit claims on your behalf, and you may be responsible for co-pays, deductibles, or other out-of-pocket costs.

Cancellations and Refunds

Please review Avela Health’s Refund Policy for details on cancellations and refunds. You may cancel your subscription at any time by notifying us at support@joinavela.com. Avela Health reserves the right to suspend or terminate your account for non-payment or any breach of these Terms.
You are responsible for maintaining the confidentiality of your account and Login Credentials. Avela Health is not liable for any unauthorized use of your account. You are also responsible for ensuring that your use of the Service complies with all applicable local, state, and federal laws.

Audio and Video Recording

User Content

Rights to and Responsibilities for User Content: You may upload or submit personal information, photos, videos, comments, or other materials (collectively, “User Content”). You represent and warrant that you own or have permission to submit User Content and grant Avela Health a license to use it for service-related purposes.

Avela Health reserves the right to remove any User Content that violates these Terms or any applicable laws.

Intellectual Property Rights

All content and services provided through the Avela Health platform are the property of Avela Health or its licensors and are protected by intellectual property laws. You may not copy, distribute, or create derivative works from any part of the Service without express written consent from Avela Health.

Assumption of Risk and Release

By using the Service, you acknowledge and agree that Avela Health is not responsible for the actions of other users, healthcare providers, or third parties. You release Avela Health from any claims, demands, or damages arising from disputes between you and other users or providers.

As part of the Service, consultations may be conducted via telehealth. By using the Service, you consent to Avela Health recording these sessions as necessary for providing quality care. Such recordings may become part of your medical record.

Indemnification

You agree to indemnify, defend, and hold harmless Avela Health, its officers, employees, agents, licensors, and affiliates from any claims, liabilities, losses, damages, or expenses (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Service;
Your violation of these Terms;
Your breach of any applicable laws;
Any User Content you submit.

The Service may include third-party services or content. Avela Health is not responsible for the content, accuracy, or practices of third-party providers. You are responsible for reading and understanding any third-party terms and conditions before using their services.

Limitation of Liability

To the fullest extent permitted by law, Avela Health will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or business, even if Avela Health has been advised of the possibility of such damages. In no event will Avela Health’s total liability exceed the amount you paid for the Service or $500, whichever is less.

Electronic Communications

By using the Service, you consent to receive electronic communications from Avela Health. These communications may include important notices about the Service. You may opt out of certain communications by following the instructions provided in the emails or by contacting us.

Dispute Resolution and Binding Arbitration

Any disputes arising out of or related to these Terms will be resolved by binding arbitration in California, administered by Judicial Arbitration and Mediation Services (JAMS). The arbitration will be conducted on an individual basis, and you waive your right to participate in a class action.

Termination of Use

Avela Health may terminate or suspend your access to the Service at any time, for any reason, without notice or liability. Upon termination, you will remain responsible for any fees incurred prior to termination.

Modification of Terms

Avela Health reserves the right to modify these Terms at any time. If we make material changes, we will notify you. Your continued use of the Service after changes have been made will constitute your acceptance of the modified Terms

Your Responsibilities

You are responsible for maintaining the confidentiality of your account and Login Credentials. Avela Health is not liable for any unauthorized use of your account. You are also responsible for ensuring that your use of the Service complies with all applicable local, state, and federal laws.

Audio and Video Recording

Third-Party Services

Consent for Release of Medical History

You consent to Avela Health accessing your or your child’s medical history and medication records from third parties, as necessary for providing services. You may revoke this consent at any time by contacting us.

Notices

Notices to you will be sent via the email address you provided during registration. Notices to Avela Health should be sent to support@joinavela.com or our physical address in California.

For more information
If you have any questions or concerns about these Terms, please contact support@joinavela.com.