Legal Documents

Terms of Service

Please read these Terms carefully before using our website or services. By accessing Care VMA Health, you agree to be bound by these Terms.

Please Read Carefully

These Terms of Service constitute a legally binding agreement between you and Care VMA Health LLC. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of these Terms, you must not use our services or website.

Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website located at carevmahealth.com (the “Site”) and all virtual medical assistant services, staffing services, and related products offered by Care VMA Health LLC (“Care VMA Health,” “Company,” “we,” “us,” or “our”).

By (i) accessing or using the Site, (ii) clicking “I agree” or similar acknowledgment, (iii) submitting a contact or service request form, (iv) signing a Service Agreement with Care VMA Health, or (v) otherwise using our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms, our Privacy Policy, and any additional terms incorporated herein by reference.

If you are entering into these Terms on behalf of a company, healthcare practice, or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms or use our services on behalf of that entity.

Definitions

Term	Definition
“Services”	All virtual medical assistant staffing, administrative support, healthcare coordination, and related services provided by Care VMA Health, as described on our website or in an applicable Service Agreement.
“Virtual Medical Assistant (VMA)”	A trained healthcare administrative professional placed by Care VMA Health to provide remote support services to Client’s healthcare practice.
“Service Agreement”	A written or electronic contract executed between Care VMA Health and Client specifying the scope of Services, fees, duration, and other terms specific to the engagement.
“PHI”	Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.
“Confidential Information”	Any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
“User Content”	Any data, information, materials, or content that you submit, upload, or transmit through our Site or in connection with our Services.
“Intellectual Property”	All patents, copyrights, trademarks, trade secrets, and other proprietary rights.

Our Services

Care VMA Health provides virtual medical assistant staffing and managed services to healthcare providers and practices, including but not limited to:

Virtual Medical Assistant (general administrative support)
Virtual Medical Receptionist (patient communication and appointment scheduling)
Virtual Medical Scribe (clinical documentation support)
Medical Billing & Coding Assistance
Remote Patient Monitoring Support
Telephone Triage & After-Hours Support
Chronic Care Management Coordination
Prior Authorization & Insurance Verification
Healthcare Marketing Support
Care Coordination Services
HIPAA-Compliant Virtual Receptionist Services

Service Scope

The specific services provided to you, including hours of coverage, number of VMAs, tasks performed, and associated pricing, will be outlined in your Service Agreement. Care VMA Health reserves the right to modify, add, or discontinue services at any time, with reasonable advance notice to existing clients.

No Clinical or Medical Advice

Important Disclaimer

Care VMA Health provides administrative, clerical, and coordination support services only. Our VMAs are not licensed healthcare professionals and do not provide medical diagnoses, clinical advice, treatment recommendations, or any services that constitute the practice of medicine, nursing, or any other licensed healthcare profession. All clinical decisions remain the sole responsibility of the licensed healthcare providers within Client's practice.

Service Availability

We strive to match qualified VMAs to your practice within 48 business hours of your initial onboarding consultation. Actual placement timelines may vary depending on your specific requirements, VMA availability, and any credentialing or compliance verification needed. Specific timelines will be outlined in your Service Agreement.

Eligibility & Registration

Eligibility

Our services are available to: licensed healthcare providers and medical practices operating legally in the United States; healthcare organizations, clinics, hospitals, and related healthcare entities; and authorized representatives of the above acting within the scope of their authority. By using our services, you represent and warrant that you meet these eligibility requirements.

Account Registration

If you create an account or client portal access, you agree to: provide accurate, current, and complete information; maintain and promptly update your account information; keep your password and login credentials secure and confidential; notify us immediately at [email protected] of any unauthorized access or security breach; and be responsible for all activities that occur under your account.

Practice Verification

Care VMA Health may verify the legitimacy of healthcare practices prior to providing services, including verification of state licensing, malpractice insurance, and other credentials. We reserve the right to decline services to any entity that does not meet our standards or verification requirements.

Client Obligations

As a Client of Care VMA Health, you agree to:

Cooperation & Access

Provide our VMAs with the access, credentials, information, and resources necessary to perform contracted services.
Designate a primary contact person within your practice responsible for coordinating with our team.
Respond to communications from our VMAs and management team in a timely manner.
Complete all required onboarding documentation, including signed Business Associate Agreements, before services commence.

Lawful Use

Use our services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
Ensure your healthcare practice holds all required licenses and operates in compliance with applicable healthcare regulations.
Not use our services to facilitate any fraudulent, deceptive, or illegal activity including healthcare fraud, billing fraud, or insurance fraud.

Supervision & Oversight

You acknowledge that VMAs placed by Care VMA Health work under the day-to-day direction of your practice’s licensed healthcare providers. You remain solely responsible for supervising VMA work product to ensure accuracy, appropriateness, and compliance with your practice standards and applicable clinical requirements. Licensed providers within your practice retain full clinical and professional responsibility for all patient care decisions.

Technology Requirements

You are responsible for providing or ensuring access to the necessary technology platforms, EHR systems, communication tools, and software licenses required for VMA performance of services. Any costs associated with third-party software or technology platforms needed by VMAs are the Client’s responsibility unless otherwise agreed in the Service Agreement.

Service Fees & Payment

Fees

Service fees, billing rates, and payment schedules are set forth in your Service Agreement. All fees are denominated in United States Dollars (USD). Care VMA Health reserves the right to adjust its service rates with a minimum of 30 days’ written notice to existing clients.

Payment Terms

Invoices are issued according to the billing cycle specified in your Service Agreement (typically bi-weekly or monthly).
Payment is due within 15 calendar days of invoice date unless otherwise specified in your Service Agreement.
Payments may be made via ACH bank transfer, credit card, check, or other methods specified in the Service Agreement.
Late payments are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance, or the maximum rate permitted by Texas law, whichever is lower.

Disputed Invoices

If you believe an invoice contains an error, you must notify us in writing at [email protected] within 10 business days of receipt, specifying the disputed amount and the basis for the dispute. Undisputed amounts remain due and payable by the original due date.

Taxes

All fees are exclusive of applicable taxes. You are responsible for all applicable sales, use, excise, or other taxes imposed by any governmental authority in connection with the services, excluding taxes based on Care VMA Health’s net income.

No Refund Policy

Except as otherwise required by law or as expressly stated in your Service Agreement, all fees paid to Care VMA Health are non-refundable. In cases where services were materially deficient due to Care VMA Health’s direct fault, we will work with you in good faith to resolve the issue, which may include service credits at our discretion.

HIPAA, Confidentiality & Data Security

HIPAA Business Associate

Care VMA Health operates as a HIPAA Business Associate. A signed Business Associate Agreement (BAA) must be executed between Care VMA Health and your practice before any access to or processing of Protected Health Information (PHI) begins. We maintain full HIPAA compliance across all administrative, physical, and technical safeguards.

Business Associate Agreement

As a precondition of service, you agree to execute a Business Associate Agreement with Care VMA Health. The BAA governs the use, disclosure, and protection of PHI and supplements these Terms. In the event of any conflict between these Terms and the BAA with respect to PHI, the BAA will control.

Confidentiality Obligations

Both parties agree to maintain the confidentiality of all Confidential Information disclosed by the other party. This obligation survives the termination of these Terms for a period of five (5) years, or indefinitely with respect to trade secrets and PHI as required by HIPAA. Neither party shall disclose the other’s Confidential Information to any third party without prior written consent, except as required by law or as necessary to perform the services.

Client Data Responsibility

You retain all ownership rights to patient data, clinical records, and other data provided to Care VMA Health VMAs. You are responsible for ensuring that your use of our services complies with all applicable privacy laws, including HIPAA, and that you have the necessary consents or other legal bases for sharing patient information with our VMAs.

Breach Notification

In the event of a security incident involving PHI or Client data, Care VMA Health will notify you promptly in accordance with the timeframes required under HIPAA (generally within 60 days of discovery) and applicable state breach notification laws. We will cooperate fully with your breach response and investigation efforts.

Intellectual Property

Care VMA Health Property

The Site, including its design, layout, text, graphics, logos, button icons, images, data compilations, and software, is the exclusive property of Care VMA Health or its licensors and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and services solely for your internal business purposes in connection with the services. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any part of the Site or services without our prior written consent.

Your Intellectual Property

You retain all rights to your own practice materials, patient records, proprietary workflows, and any other intellectual property you provide to Care VMA Health solely for the purpose of receiving services. You grant Care VMA Health a limited, non-exclusive license to use such materials only as necessary to provide the contracted services.

Work Product

All work product created by our VMAs solely and specifically for your practice as part of contracted services (such as custom templates, scripts, or documentation created exclusively for your use) shall be considered your property upon full payment of all applicable fees, unless otherwise specified in the Service Agreement. General methodologies, processes, tools, and know-how developed or used by Care VMA Health remain our proprietary property.

Feedback

If you provide us with any suggestions, feedback, or ideas regarding our services or Site (“Feedback”), you grant Care VMA Health a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback for any purpose, including improving our services, without any obligation to compensate you.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities in connection with our Site or services:

Violating any applicable federal, state, or local law, regulation, or professional licensing requirement
Engaging in or facilitating healthcare fraud, billing fraud, or fraudulent insurance claims
Directing VMAs to perform services outside the scope of their role or in violation of HIPAA, state licensing laws, or clinical practice standards
Harassing, threatening, or demeaning any Care VMA Health staff or VMA
Attempting to recruit, solicit, or hire Care VMA Health VMAs directly, outside of Care VMA Health, during the term of the Service Agreement and for 12 months following termination (non-solicitation)
Transmitting viruses, malware, or any other harmful code to our systems
Attempting to gain unauthorized access to our systems, networks, or data
Reverse engineering, decompiling, or disassembling any portion of our Site or proprietary tools
Using automated tools to scrape, crawl, or harvest data from our Site without our express written permission
Using the Site or services for any purpose competitive with Care VMA Health’s business
Making false or misleading statements about Care VMA Health or our services

Non-Solicitation Clause

During the term of any Service Agreement and for a period of twelve (12) months following its termination or expiration, Client agrees not to directly or indirectly solicit, recruit, or hire any Care VMA Health VMA who provided services to Client's practice. Violation of this clause entitles Care VMA Health to damages equal to 6 months' fees or the applicable placement fee, whichever is greater.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

Care VMA Health expressly disclaims all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties regarding the accuracy, reliability, completeness, or timeliness of the Site content or services
Warranties that the Site will be uninterrupted, error-free, or free from viruses or other harmful components
Warranties regarding the suitability of any VMA for a particular client or practice
Warranties regarding clinical outcomes, revenue improvement, or operational results

Some jurisdictions do not allow the exclusion of certain warranties. To the extent that applicable law does not permit such exclusions, these disclaimers apply to the fullest extent permitted by law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

In no event shall Care VMA Health, its officers, directors, employees, agents, or contractors be liable for any indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or cost of substitute services, arising out of or in connection with your use of the Site or services, even if Care VMA Health has been advised of the possibility of such damages.

Care VMA Health’s total cumulative liability to you for all claims arising out of or relating to these Terms or the services shall not exceed the greater of: (i) the total fees paid by you to Care VMA Health in the three (3) months immediately preceding the event giving rise to the claim, or (ii) One Thousand United States Dollars ($1,000 USD).

The limitations in this section apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and notwithstanding any failure of essential purpose of any limited remedy set forth herein.

Indemnification

You agree to defend, indemnify, and hold harmless Care VMA Health, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms or any applicable law or regulation
Your use of the Site or services in a manner not authorized by these Terms
Any clinical error, malpractice claim, or patient harm related to your practice’s use of our services
Your failure to comply with HIPAA or other healthcare privacy and security laws
Your User Content or data provided to Care VMA Health
Any unauthorized use of a VMA outside the scope of the Service Agreement
Your infringement of any third party’s intellectual property rights

Term & Termination

Term

These Terms are effective from the date you first access our Site or use our services and continue until terminated in accordance with these Terms or the applicable Service Agreement. Service Agreements specify their own term and renewal provisions.

Termination by Either Party

Either party may terminate a Service Agreement upon the notice period specified in such agreement (typically 30 days’ written notice). These Terms will continue to govern your use of the Site even after any Service Agreement expires or terminates.

Termination for Cause

Care VMA Health reserves the right to suspend or terminate your access to the Site or services immediately, without notice, if you:

Materially breach these Terms or a Service Agreement and fail to cure such breach within 10 business days of written notice
Engage in conduct that constitutes healthcare fraud, billing fraud, or any other illegal activity
Violate HIPAA or direct our VMAs to violate HIPAA
Harass, threaten, or engage in abusive conduct toward Care VMA Health staff or VMAs
Fail to make payment when due and fail to cure within 10 business days of written notice
Become insolvent, file for bankruptcy, or cease operations

Effect of Termination

Upon termination: (a) your license to use the Site and services immediately ceases; (b) you must pay all outstanding fees and charges within 15 days; (c) both parties will return or destroy Confidential Information as requested; and (d) Sections 6, 7, 8, 9, 10, 11, 12, 14, and 15 of these Terms shall survive termination.

Dispute Resolution

Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Care VMA Health at [email protected] and provide written notice describing the nature of the dispute and the relief sought. Both parties will use good faith efforts to resolve the dispute within 30 days of receipt of such notice.

Binding Arbitration

If the dispute is not resolved through informal negotiation, both parties agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the services through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Houston, Texas, or virtually at the agreement of the parties. The arbitrator’s award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver

To the extent permitted by applicable law, you waive any right to bring or participate in any class action lawsuit, class-wide arbitration, or consolidated proceeding against Care VMA Health. All disputes must be brought in an individual capacity only.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened breach of confidentiality obligations, intellectual property infringement, or HIPAA violations that could cause irreparable harm.

Governing Law & Venue

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. For any matter not subject to arbitration under Section 14, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Harris County, Texas.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

General Provisions

Entire Agreement

These Terms, together with the applicable Service Agreement, Business Associate Agreement, and Privacy Policy, constitute the entire agreement between you and Care VMA Health with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements, representations, and understandings.

Modifications

Care VMA Health reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Site, updating the “Last Updated” date, and (for existing clients) sending an email notification at least 30 days before the changes take effect. Your continued use of the Site or services after the effective date of any changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

Waiver

No failure or delay by Care VMA Health in exercising any right, power, or remedy shall operate as a waiver thereof. Any waiver must be in writing and signed by an authorized representative of Care VMA Health to be effective.

Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without Care VMA Health’s prior written consent. Care VMA Health may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, with reasonable notice to you. These Terms bind and inure to the benefit of the parties and their respective permitted successors and assigns.

Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms (other than payment obligations) due to circumstances beyond its reasonable control, including natural disasters, acts of God, pandemics, government actions, internet outages, power failures, or labor disputes, provided the affected party promptly notifies the other and takes reasonable steps to mitigate the impact.

Notices

All legal notices to Care VMA Health must be sent in writing to: Care VMA Health LLC, 6340 N Eldridge Pkwy N 117, Houston, TX 77041, with a copy to [email protected]. Notices are deemed received upon personal delivery, one (1) business day after being sent by overnight courier, or three (3) business days after being sent by certified mail, return receipt requested.

Relationship of the Parties

The relationship between Care VMA Health and Client is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between the parties.

Contact Us

If you have questions about these Terms of Service, your Service Agreement, or any aspect of our services, please contact us:

Privacy & Compliance Team — Care VMA Health

We are committed to resolving all privacy inquiries within 5 business days.

[email protected]

Phone

(214) 281-4464

Mailing Address

6340 N Eldridge Pkwy N 117 Houston, TX 77041

Website

carevmahealth.com

Legal Disclaimer

These Terms of Service are provided for informational purposes and represent Care VMA Health's standard service agreement terms. They do not constitute legal advice. Care VMA Health recommends that all clients consult with qualified legal counsel regarding their specific legal obligations under HIPAA, state healthcare laws, and other applicable regulations before entering into a service relationship.