Telehealth Services Agreement

Telehealth Services Agreement — Peerakeet, Inc.

Version 1.0

Effective Date: January 1, 2025

Last Updated: January 1, 2025

This Telehealth Services Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and Peerakeet, Inc. ("Peerakeet," "we," "us," or "our") regarding your use of telehealth services facilitated through the Peerakeet platform. This Agreement supplements and is incorporated into the Peerakeet Terms of Service and Privacy Policy.

IMPORTANT: By accepting this Agreement, you acknowledge that you have read, understood, and agree to be bound by its terms. If you do not agree to this Agreement, you may not use telehealth services through Peerakeet.

FOR MINORS (AGES 13-17): If you are between 13 and 17 years old, your parent or legal guardian must review and approve this Agreement before you can use telehealth services. See Section 10 for special provisions for minors and Section 11 for parent-specific provisions.

1. Understanding Telehealth Services

1.1 What Are Telehealth Services: Peerakeet facilitates connections between users and certified peer support specialists through telehealth services. Telehealth services are conducted via video conferencing platforms (such as Zoom) and allow you to receive peer support remotely.

1.2 What Telehealth Services Are NOT: Telehealth services through Peerakeet are NOT:

Medical services, diagnosis, or treatment
Psychotherapy, counseling, or mental health therapy provided by licensed professionals
Emergency services or crisis intervention
A substitute for professional medical, psychological, or psychiatric care
Covered by health insurance in most cases

1.3 Certified Peer Support Specialists: Peer support specialists are trained professionals who provide peer support based on shared lived experience. They are NOT licensed healthcare providers, therapists, counselors, or medical professionals. They cannot diagnose, treat, or prescribe medications.

2. Peerakeet's Role

2.1 Technology Platform Only: Peerakeet acts solely as a technology platform to facilitate connections between users and certified peer support specialists. Peerakeet does not provide medical, therapeutic, or clinical services. Peerakeet is not a healthcare provider, medical practice, or therapy service.

2.2 No Endorsement: Peerakeet does not endorse, recommend, or assume responsibility for the services provided by peer support specialists. Peerakeet does not guarantee the quality, outcomes, or effectiveness of telehealth sessions.

2.3 Coordination Services: Peerakeet may coordinate telehealth services on behalf of partner organizations that employ or contract with certified peer support specialists. In such cases, Peerakeet facilitates scheduling, communication, and technical support but does not provide the peer support services themselves.

3. Your Responsibilities

3.1 Technology Requirements: You are responsible for ensuring you have:

A reliable internet connection
A device (computer, tablet, or smartphone) with video and audio capabilities
The necessary software or applications (such as Zoom) installed and updated
A private, quiet location for telehealth sessions
Technical knowledge to operate the telehealth platform

Peerakeet is not responsible for technical difficulties, internet connectivity issues, or device malfunctions that may affect your ability to participate in telehealth sessions.

3.2 Accurate Information: You agree to provide accurate, current, and complete information when scheduling and participating in telehealth sessions. You must not misrepresent your identity, condition, or circumstances.

3.3 Appropriate Conduct: You agree to conduct yourself appropriately during telehealth sessions, including:

Treating peer support specialists with respect and professionalism
Not recording sessions without explicit consent
Not engaging in harassment, abuse, or inappropriate behavior
Following the same Community Guidelines that apply to other Peerakeet services

3.4 Seeking Professional Care: You acknowledge that telehealth peer support is not a substitute for professional medical, psychological, or psychiatric care. You agree to seek appropriate professional care for medical conditions, mental health disorders, or other health concerns. You will not rely solely on peer support for diagnosis, treatment, or medical advice.

3.5 Emergency Situations: You understand that telehealth services are not emergency services. If you are experiencing a medical or mental health emergency, are in immediate danger, or are having thoughts of self-harm or suicide, you must:

Call 911 (or your local emergency number) immediately
Go to your nearest emergency department
Contact the 988 Suicide & Crisis Lifeline (available 24/7 in the United States)

4. Privacy and Confidentiality

4.1 Protected Health Information (PHI): Information shared during telehealth sessions may constitute protected health information (PHI) under HIPAA. Peerakeet and peer support specialists are required to protect your PHI in accordance with HIPAA privacy and security rules, including:

HIPAA Privacy Rule: Protects the privacy of your PHI and gives you rights regarding your health information
HIPAA Security Rule: Requires administrative, physical, and technical safeguards to protect your PHI
HIPAA Breach Notification Rule: Requires notification if there is a breach of your PHI

4.2 HIPAA-Compliant Safeguards: Peerakeet implements HIPAA-compliant safeguards to protect your PHI, including:

Encryption of PHI in transit (TLS 1.2 or higher) and at rest (AES-256 or equivalent)
Access controls and authentication requirements
Business Associate Agreements (BAAs) with all service providers handling PHI
Regular security assessments and risk analysis
Workforce training on HIPAA compliance
Audit controls and monitoring of PHI access
Incident response and breach notification procedures

4.3 SOC 2 Compliance: Peerakeet maintains security controls designed to meet SOC 2 Type II standards, ensuring the security, availability, confidentiality, processing integrity, and privacy of telehealth services and your PHI.

4.4 Confidentiality: Peer support specialists are expected to maintain confidentiality regarding information shared during sessions, subject to legal exceptions (such as mandatory reporting requirements for abuse, threats of harm, or court orders). However, information may be shared:

With Peerakeet for coordination, quality assurance, safety monitoring, and compliance purposes
As required by law or court order
To prevent imminent harm to you or others
With your explicit consent

4.5 Technology Risks: While Peerakeet and telehealth platforms implement comprehensive security measures (including HIPAA and SOC 2-compliant controls), no technology is 100% secure. There are inherent risks in transmitting information electronically, including the possibility of unauthorized access, interception, or technical failures. You acknowledge and accept these risks.

4.6 Recording: Telehealth sessions may not be recorded by either party without explicit written consent from all participants. Unauthorized recording may violate privacy laws (including HIPAA) and is strictly prohibited.

4.7 Data Sharing: Information from telehealth sessions may be shared with Peerakeet for coordination, quality assurance, safety monitoring, and compliance purposes, in accordance with our Privacy Policy, HIPAA requirements, and applicable laws. All sharing is done in compliance with HIPAA and under appropriate safeguards.

4.8 Your HIPAA Rights: You have rights under HIPAA regarding your PHI, including the right to access, amend, and receive an accounting of disclosures. For more information about your HIPAA rights, see our Privacy Policy or contact our Privacy Officer at privacy@peerakeet.com.

5. Limitations and Disclaimers

5.1 No Medical Services: You acknowledge and agree that:

Peer support specialists are not licensed healthcare providers
Telehealth services do not constitute medical diagnosis, treatment, or care
Peer support specialists cannot prescribe medications or provide medical advice
Telehealth services are not a substitute for professional medical, psychological, or psychiatric care

5.2 No Guarantees: Peerakeet does not guarantee:

The availability, quality, or effectiveness of telehealth services
That telehealth services will meet your needs or expectations
Specific outcomes or results from telehealth sessions
That peer support specialists will be available at all times

5.3 Third-Party Platforms: Telehealth sessions may be conducted through third-party platforms (such as Zoom). These platforms have their own terms of service and privacy policies. Peerakeet is not responsible for the privacy, security, or functionality of third-party platforms.

6. Fees and Payment

6.1 Service Fees: Telehealth services may be subject to fees, which will be disclosed to you before scheduling a session. Fees may vary depending on the type of service, duration, and provider.

6.2 Payment Responsibility: You are responsible for paying all fees associated with telehealth services you receive. Payment may be processed through Peerakeet or directly with the peer support specialist or their organization, as disclosed at the time of scheduling.

6.3 Insurance: Telehealth services through Peerakeet are generally not covered by health insurance. You are responsible for all costs unless otherwise specified. You should not submit claims to insurance for peer support services unless explicitly authorized.

6.4 Refunds: Refund policies, if any, will be disclosed at the time of scheduling. Peerakeet and peer support specialists reserve the right to establish refund policies in their sole discretion.

7. Scheduling and Cancellation

7.1 Scheduling: Telehealth sessions are scheduled through the Peerakeet platform. You are responsible for scheduling sessions at times that work for you and ensuring you are available and prepared for scheduled sessions.

7.2 Cancellation Policy: You may cancel or reschedule telehealth sessions in accordance with the cancellation policy disclosed at the time of scheduling. Late cancellations or no-shows may be subject to fees or restrictions on future scheduling.

7.3 Provider Cancellation: Peer support specialists or their organizations may cancel or reschedule sessions due to emergencies, technical issues, or other circumstances. Peerakeet will attempt to notify you of cancellations and assist with rescheduling when possible.

8. Complaints and Disputes

8.1 Reporting Concerns: If you have concerns about telehealth services, peer support specialists, or this Agreement, you may contact Peerakeet at support@peerakeet.com. We will investigate complaints and take appropriate action.

8.2 Professional Complaints: If you have concerns about the professional conduct of a peer support specialist, you may also contact their certifying organization or licensing board, if applicable.

8.3 Dispute Resolution: Disputes arising from this Agreement or telehealth services are subject to the dispute resolution provisions in the Peerakeet Terms of Service, including binding arbitration.

9. Termination

9.1 Termination by You: You may stop using telehealth services at any time by canceling scheduled sessions and not scheduling new ones. You may also revoke this Agreement by contacting Peerakeet, though this will not affect sessions already completed.

9.2 Termination by Peerakeet: Peerakeet may suspend or terminate your access to telehealth services at any time, with or without notice, for violations of this Agreement, the Terms of Service, Community Guidelines, or for any other reason in Peerakeet's sole discretion.

9.3 Termination by Providers: Peer support specialists or their organizations may decline to provide services or terminate the provider-patient relationship at any time, subject to applicable professional and ethical standards.

10. Special Provisions for Minors (Ages 13-17)

If you are between 13 and 17 years old, the following additional provisions apply in addition to all other provisions of this Agreement:

10.1 Parental Consent Required: Your parent or legal guardian must review and approve this Agreement before you can use telehealth services. Your parent or guardian must provide verifiable consent through our parental consent process. You cannot use telehealth services until your parent or guardian has provided this consent.

10.2 Parental Access to Information: Your parent or guardian may have access to information about your telehealth sessions, including:

Scheduling information and appointment times
Session summaries and general information (as permitted by law and our Privacy Policy)
Billing and payment information
Safety concerns or incidents (if applicable)

10.3 Parental Revocation: Your parent or guardian may revoke consent for telehealth services at any time, which will result in immediate termination of your access to telehealth services. You will not be able to schedule new sessions or access telehealth features after consent is revoked.

10.4 Involvement of Parents in Sessions: Peer support specialists may involve your parent or guardian in sessions or share information with them when:

It is appropriate for your care and support
There are safety concerns
You have given consent for their involvement
Required by law or professional standards

10.5 Your Responsibilities as a Minor: As a minor user, you agree to:

Inform your parent or guardian if you have concerns about telehealth sessions
Follow the same standards of respect and appropriate conduct as adult users
Not schedule sessions without your parent or guardian's knowledge (if required)
Report any concerns about peer support specialists to your parent or guardian and to Peerakeet

10.6 Emergency Situations for Minors: If you are experiencing a medical or mental health emergency, you must:

Call 911 (or your local emergency number) immediately
Go to your nearest emergency department
Contact the 988 Suicide & Crisis Lifeline (available 24/7)
Tell a trusted adult (parent, guardian, teacher, school counselor) immediately

Telehealth services are not emergency services and cannot provide crisis intervention.

11. Provisions for Parents and Guardians of Minors

If you are the parent or legal guardian of a minor (ages 13-17) who wishes to use telehealth services, the following provisions apply to you:

11.1 Your Consent is Required: You must review and approve this Telehealth Services Agreement before your child can use telehealth services. By providing consent, you acknowledge that:

You have read and understood this Agreement in its entirety
You understand that telehealth services are not medical services
You understand that peer support specialists are not licensed healthcare providers
You consent to your child's use of telehealth services as described in this Agreement

11.2 Your Rights and Responsibilities: As a parent or guardian, you have the right to:

Review information about your child's telehealth sessions (as permitted by law)
Revoke consent for telehealth services at any time
Request information about peer support specialists your child interacts with
Report concerns about telehealth services or peer support specialists
Request that your child's account be closed

You are responsible for:

Monitoring your child's use of telehealth services
Ensuring your child understands the limitations of telehealth services
Discussing telehealth sessions with your child when appropriate
Ensuring your child seeks appropriate professional care when needed
Helping your child understand online safety and appropriate conduct

11.3 Information You May Access: As permitted by law and our Privacy Policy, you may have access to:

Scheduling information and appointment times for your child's sessions
General information about sessions (subject to confidentiality requirements)
Billing and payment information
Safety concerns or incidents involving your child

11.4 Confidentiality Considerations: While you have certain rights to information about your child's telehealth sessions, peer support specialists are expected to maintain appropriate confidentiality. Some information shared during sessions may be kept confidential to encourage open communication between your child and the peer support specialist, except when:

There are safety concerns that require disclosure
Disclosure is required by law
Your child has given consent for disclosure
Disclosure is necessary for your child's care

11.5 Revocation of Consent: You may revoke your consent for your child's use of telehealth services at any time by contacting us at support@peerakeet.com. Upon revocation:

Your child's access to telehealth services will be immediately terminated
Your child will not be able to schedule new telehealth sessions
Existing scheduled sessions may be canceled
Information about past sessions will be handled in accordance with our Privacy Policy and applicable laws

11.6 Payment Responsibility: You are responsible for all fees associated with your child's telehealth services, unless otherwise specified. Payment may be processed through Peerakeet or directly with the peer support specialist or their organization.

11.7 Coordination with Other Care: You acknowledge that telehealth peer support is not a substitute for professional medical, psychological, or psychiatric care. You agree to ensure that your child receives appropriate professional care when needed, and you will not rely solely on telehealth peer support for your child's mental health or medical needs.

11.8 Emergency Situations: You understand that telehealth services are not emergency services. If your child is experiencing a medical or mental health emergency, you must:

Call 911 (or your local emergency number) immediately
Take your child to the nearest emergency department
Contact the 988 Suicide & Crisis Lifeline (available 24/7)
Seek immediate professional medical or mental health care

11.9 Contact Information: If you have questions, concerns, or need to exercise your rights as a parent or guardian regarding your child's telehealth services, please contact us at support@peerakeet.com.

11.10 Acknowledgment by Parents: By providing consent for your child to use telehealth services, you acknowledge that you have read, understood, and agree to all provisions of this Agreement, including this Section 11. You further acknowledge that you understand the nature of telehealth services, the limitations of peer support, and your rights and responsibilities as a parent or guardian.

12. Changes to This Agreement

Peerakeet may update this Agreement from time to time. Material changes will be communicated to you through the Service or by email.

For Adult Users: Your continued use of telehealth services after changes become effective constitutes acceptance of the updated Agreement. If you do not agree to updated terms, you must stop using telehealth services.

For Minors and Their Parents: Material changes will require renewed consent from the parent or guardian before the minor can continue using telehealth services. If you (as a parent or guardian) do not agree to updated terms, you can revoke consent and your child's access to telehealth services will be terminated.

13. Integration with Other Agreements

This Agreement supplements and is incorporated into the Peerakeet Terms of Service and Privacy Policy.

For Adult Users: This Agreement works together with the adult Terms of Service and Privacy Policy.

For Minors: This Agreement works together with the minor Terms of Service, minor Privacy Policy, and Parental Consent Agreement. In the event of a conflict between this Agreement and the Terms of Service, this Agreement will govern with respect to telehealth services. All other provisions of the Terms of Service and Privacy Policy remain in full force and effect.

14. Contact Information

If you have questions about this Agreement or telehealth services, please contact us at:

Email: support@peerakeet.com

Mail: Peerakeet, Inc.

[Address]

[City, State ZIP Code]

For Parents and Guardians: If you have questions about your child's use of telehealth services or need to exercise your parental rights, please contact us at the above address or email.

15. Acknowledgment

For Adult Users (18+):

BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT:

(a) You are at least 18 years of age;

(b) You have read, understood, and agree to be bound by this Agreement;

(c) You understand that telehealth services are not medical services and are not a substitute for professional medical, psychological, or psychiatric care;

(d) You understand the risks and limitations of telehealth services;

(e) You will seek appropriate professional care for medical conditions, mental health disorders, or other health concerns;

(f) You understand that telehealth services are not emergency services and you will contact emergency services (911) or go to an emergency department for emergencies;

(g) You are responsible for ensuring you have the necessary technology and environment for telehealth sessions.

For Minors (Ages 13-17):

BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT:

(a) You are between 13 and 17 years old;

(b) Your parent or legal guardian has reviewed and approved this Agreement;

(d) You understand that telehealth services are not medical services and are not a substitute for professional medical, psychological, or psychiatric care;

(e) You understand that you should talk to trusted adults (parents, guardians, teachers, doctors) about your mental health;

(f) You understand that telehealth services are not emergency services and you will contact emergency services (911) or tell a trusted adult if you are in crisis;

(g) You will follow the same rules and standards of conduct as adult users.

For Parents and Guardians:

BY PROVIDING CONSENT FOR YOUR CHILD TO USE TELEHEALTH SERVICES, YOU ACKNOWLEDGE THAT:

(a) You are the parent or legal guardian of the child for whom you are providing consent;

(b) You have read, understood, and agree to all provisions of this Agreement, including Section 11 (Provisions for Parents and Guardians);

(c) You understand that telehealth services are not medical services and are not a substitute for professional medical, psychological, or psychiatric care;

(d) You understand that peer support specialists are not licensed healthcare providers;

(e) You understand your rights and responsibilities as a parent or guardian regarding your child's telehealth services;

(f) You can revoke your consent at any time;

(g) You will ensure your child receives appropriate professional care when needed;

(h) You understand that telehealth services are not emergency services and you will seek immediate professional help if your child is in crisis.

IF YOU DO NOT AGREE TO THIS AGREEMENT (OR IF YOU ARE A PARENT/GUARDIAN AND DO NOT PROVIDE CONSENT), YOU (OR YOUR CHILD) MUST NOT USE TELEHEALTH SERVICES THROUGH PEERAKEET.