Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether as an individual or on behalf of a healthcare practice or entity) and Avatara Consulting ("Company," "we," "us," or "our") governing your access to and use of the reachDr platform, including the website at reachdr.com (and reachdr.com when available), and all related services, features, and content (collectively, the "Service").

By creating an account, accessing, or using reachDr, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company, medical practice, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, "you" and "your" will refer to that entity.

2. Description of Service

2.1 What reachDr Does

reachDr is a software-as-a-service (SaaS) platform designed to help medical practices manage Remote Therapeutic Monitoring (RTM) billing workflows. The Service provides tools for:

• Tracking patient enrollment in RTM programs
• Recording and logging time spent on RTM activities by healthcare providers
• Monitoring device data transmission days for eligible patients
• Calculating billing thresholds for applicable CPT codes (98975, 98977, 98979, 98980, 98981, 98985)
• Generating billing reports and claim preparation assistance
• Providing dashboards and analytics for RTM program management

2.2 What reachDr Does NOT Do

reachDr is NOT a clearinghouse, billing service, or claim submission system. The Service helps you identify billable encounters and prepare claim information, but you are responsible for submitting claims through your own billing channels (practice management system, clearinghouse, or direct payer submission).

reachDr does NOT:

• Submit claims to payers on your behalf
• Guarantee reimbursement or payment for any claims
• Store clinical data, medical records, or device readings
• Provide medical, clinical, or diagnostic services
• Replace the judgment of qualified healthcare or billing professionals

3. Account Registration and Responsibilities

3.1 Account Creation

To use reachDr, you must create an account and provide accurate, complete, and current information. You agree to update your information promptly if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password and keep it confidential
• Not share your login credentials with unauthorized persons
• Immediately notify us of any unauthorized access or security breach
• Ensure that all users within your organization have appropriate access levels

3.3 Authorized Users

You may authorize employees, contractors, or agents ("Authorized Users") to access reachDr on your behalf. You are responsible for ensuring that all Authorized Users comply with these Terms and for any actions they take using the Service.

3.4 Eligibility

The Service is intended for healthcare practices and healthcare professionals in the United States. By using reachDr, you represent that you are at least 18 years of age and have the legal capacity to enter into binding contracts.

4. HIPAA Compliance and Business Associate Agreement

4.1 Requirement for BAA

If you are a Covered Entity or Business Associate under HIPAA and will be entering Protected Health Information (PHI) into reachDr, you must execute a Business Associate Agreement (BAA) with Avatara Consulting before using the Service for any PHI.

4.2 Your HIPAA Obligations

As a healthcare practice, you are responsible for:

• Determining whether you are a Covered Entity under HIPAA
• Ensuring that you have appropriate patient authorizations or other legal bases for using PHI
• Implementing appropriate privacy and security safeguards in your practice
• Training your staff on HIPAA requirements
• Notifying us promptly of any known or suspected breach involving PHI

4.3 Our Commitment

Avatara Consulting commits to complying with all applicable HIPAA requirements as a Business Associate, including implementing appropriate administrative, technical, and physical safeguards to protect PHI. Our specific obligations are set forth in the BAA.

4.4 BAA Requests

To request a Business Associate Agreement, contact us at support@reachdr.com. We will provide our standard BAA for your review and execution.

5. Acceptable Use

5.1 Permitted Use

You may use reachDr solely for its intended purpose: managing RTM billing workflows for your healthcare practice in compliance with all applicable laws and regulations.

5.2 Prohibited Conduct

You agree NOT to:

• Use the Service for any unlawful purpose or to violate any laws or regulations
• Submit false, inaccurate, or misleading information
• Submit fraudulent claims or use the Service to facilitate billing fraud
• Access or attempt to access accounts or data belonging to others
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Circumvent any security measures or access controls
• Use automated systems (bots, scrapers) to access the Service without authorization
• Resell, sublicense, or provide the Service to third parties without authorization
• Use the Service in any manner that could damage, disable, or impair the Service

5.3 Compliance with Laws

You agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to HIPAA, the False Claims Act, Anti-Kickback Statute, and all Medicare and Medicaid billing requirements.

6. Fees and Payment

6.1 Subscription Plans

reachDr is offered through subscription plans with varying features and pricing tiers. Current pricing and plan details are available on our website or upon request. We reserve the right to modify pricing with thirty (30) days' advance notice.

6.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. By subscribing, you authorize us to charge your designated payment method for all applicable fees.

6.3 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on our net income.

6.4 Refunds

Subscription fees are generally non-refundable. However, if you cancel within fourteen (14) days of your initial subscription and have not submitted any PHI or generated any billing reports, you may request a full refund of your initial payment.

6.5 Late Payment

If payment is not received when due, we may suspend or terminate your access to the Service. Overdue amounts may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

7. Intellectual Property

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Avatara Consulting and are protected by copyright, trademark, and other intellectual property laws. The reachDr name, logo, and all related marks are trademarks of Avatara Consulting.

7.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.

7.3 Your Data

You retain all rights to the data you input into reachDr. By using the Service, you grant us a limited license to use, store, and process your data solely as necessary to provide the Service and as described in our Privacy Policy.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

8. Disclaimers

8.1 No Medical Advice

reachDr does not provide medical advice, diagnosis, or treatment. The Service is a billing workflow tool only. All clinical decisions must be made by qualified healthcare professionals. Nothing in the Service should be construed as medical advice.

8.2 No Legal or Billing Advice

reachDr does not provide legal, regulatory, or billing advice. While we strive to provide accurate information about RTM billing requirements, the Service is not a substitute for consultation with qualified billing professionals, compliance officers, or legal counsel. You are solely responsible for:

• Ensuring the accuracy and completeness of all claims
• Verifying that services meet medical necessity requirements
• Complying with all payer-specific billing rules and requirements
• Maintaining appropriate documentation to support claims
• Understanding and complying with all applicable laws and regulations

8.3 No Guarantee of Reimbursement

We do not guarantee that any claim will be paid or reimbursed. Payer rules, coverage policies, and reimbursement rates vary and are subject to change. You acknowledge that claim denials, audits, and payment adjustments may occur regardless of the information provided by the Service.

8.4 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any information provided through the Service.

9. Limitation of Liability

9.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVATARA CONSULTING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data breach costs
• Claim denials, audits, or recoupments
• Regulatory penalties or fines
• Costs of substitute services
• Any damages arising from your reliance on the Service

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

9.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

9.3 Essential Basis

The limitations and exclusions in this Section 9 are an essential basis of the bargain between you and Avatara Consulting and shall apply regardless of whether any limited remedy fails of its essential purpose.

10. Indemnification

You agree to indemnify, defend, and hold harmless Avatara Consulting and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Claims related to the accuracy or validity of any claims you submit
• Any PHI or data you input into the Service
• Any actions by your Authorized Users

11. Term and Termination

11.1 Term

These Terms are effective upon your first access to or use of the Service and continue until terminated as provided herein.

11.2 Termination by You

You may terminate your account at any time by contacting us at support@reachdr.com or through your account settings (when available). Termination will be effective at the end of your current billing period unless otherwise agreed.

11.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach any provision of these Terms
• You fail to pay fees when due
• You engage in fraudulent or illegal activity
• Continued provision of the Service to you would violate applicable law
• We cease offering the Service generally

11.4 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• You remain liable for all fees incurred prior to termination
• You may request an export of your data for thirty (30) days following termination
• We will delete or de-identify your data in accordance with our Privacy Policy and any applicable BAA
• Provisions that by their nature should survive (including Sections 7-10, 12, and 13) will survive termination

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal legal claim, you agree to contact us at support@reachdr.com and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

12.3 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Pennsylvania, and you consent to the personal jurisdiction and venue of such courts.

12.4 Waiver of Class Actions

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any executed BAA, constitute the entire agreement between you and Avatara Consulting regarding the Service and supersede all prior agreements and understandings.

13.2 Amendments

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated via email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

13.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.4 Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

13.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

13.6 Notices

We may send notices to the email address associated with your account. You may send notices to us at support@reachdr.com.

13.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.

13.8 Independent Contractors

The relationship between you and Avatara Consulting is that of independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

Avatara Consulting
reachDr Legal Team
Email: support@reachdr.com
Website: reachdr.com