CICADA HEALTH WEBSITE TERMS & CONDITIONS
1. Introduction and Agreement to Terms. These Terms and Conditions (the “Terms”), which include our Privacy Policy, are a legal agreement between you (“you,” “your,” or “yours”) and Cicada Health (“Cicada Health,” “we,” “our,” or “us”) which govern your access to and use of our telehealth services, website, and any related applications or platforms (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Cicada Health may update these Terms periodically, and your continued use of the Services after any update signifies your acceptance of the revised Terms.
Further, by agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence (i.e., that you are not a minor).
2. Eligibility. To use Cicada Health’s Services, you must:
- Be at least 18 years old or the age of majority in your state of residence.
- Be physically located in the state of Colorado at the time of any telehealth consultation.
- Provide accurate, current, and complete information when registering or using the Services.
Cicada Health reserves the right to verify your identity, eligibility, and location, and to deny or terminate access if these requirements are not met.
3. Payment and Billing. You agree to pay all fees associated with your use of the Services on a cash pay basis. Fees will be disclosed before your session. You authorize Cicada Health to charge your selected payment method for any applicable costs.
Cicada Health reserves the right to modify fees and billing policies upon notice. All fee adjustments will comply with applicable Colorado law and transparency requirements.
4. User Accounts and Responsibilities. You agree to use the Services only for lawful, personal healthcare purposes. You further agree to not misuse, copy, distribute, or modify any part of Cicada Health’s platform or content. Cicada Health reserves the right to suspend or terminate accounts that are used in a manner that is deceptive, fraudulent, or violates these Terms.
5. Description of Services and Scope. Cicada Health provides medical consultations and related healthcare services using both in-person and secure video, audio, and electronic communications.
Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. To use the telehealth Services, you must be physically located in the state of Colorado at the time of the telehealth encounter.
6. User Conduct and Obligations. You commit to using Cicada Health’s services for lawful purposes only and in a manner that does not infringe on the rights of, restrict, or inhibit anyone else’s use and enjoyment of Cicada Health. Prohibited activities include harassing or causing distress or inconvenience to any other user or provider, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within Cicada Health.
Cicada Health reserves the right to refuse its Services to anyone for any reason at any time. Telehealth services may not be appropriate for all conditions; providers may refer patients to in-person care as clinically indicated.
7. No Medical Guarantee. While our healthcare professionals are licensed in Colorado and follow applicable medical standards, Cicada Health does not guarantee specific medical outcomes. All treatment decisions are made between you and your healthcare provider.
8. Prescription Policy. Cicada Health clinicians may prescribe medications as deemed medically appropriate under Colorado law. However, controlled substances listed under the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) generally cannot be prescribed via telehealth unless specifically authorized under federal and state exceptions. You are responsible for filling prescriptions at a licensed pharmacy at your own expense and following all provider instructions.
9. Intellectual Property Rights and Use Restrictions. All content, trademarks, software, and materials provided by Cicada Health are owned by or licensed to Cicada Health and protected by U.S. copyright and trademark laws. You are granted a limited, non-transferable, revocable license to access and use the Services for personal, non-commercial use only.
10. Data Privacy and Security. Cicada Health complies with the Health Insurance Portability and Accountability Act (HIPAA) and applicable Colorado privacy laws and strives to use industry-standard security measures to protect your information. We collect, use, and safeguard your personal information as described in our Privacy Policy.
You acknowledge that electronic communication may carry some security risks, despite our encryption and authentication safeguards. You consent to electronic communications and the storage of your health information as required to provide services.
11. Disclaimers and Limitation of Liability. The Services are provided “as is” and “as available.” To the fullest extent permitted by law, Cicada Health disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Cicada Health does not warrant that the Services will be uninterrupted, error-free, or secure, or that any particular result will be achieved.
To the maximum extent permitted under Colorado law, Cicada Health, its affiliates, officers, providers, and agents shall not be liable for indirect, incidental, or consequential damages arising from your use of the Services; and total aggregate liability for all claims shall not exceed the amount you paid for Services in the preceding six (6) months. Nothing in this section limits liability for gross negligence, willful misconduct, or violations of law.
12. Indemnification. You agree to indemnify, defend, and hold harmless Cicada Health, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account by you or any other person accessing the service using your account.
13. Changes to Terms. Cicada Health reserves the right to change these Terms and Conditions at any time. Your continued use of Cicada Health following the posting of changes will mean you accept and agree to the changes. These Terms may not be modified except by a written agreement that is signed by an authorized representative of Cicada Health. Material changes will be communicated consistent with Colorado consumer protection laws.
14. Governing Law and Jurisdiction. These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules. Any unresolved disputes shall first be submitted to Cicada Health’s patient services team for informal resolution. If unresolved, disputes shall be submitted to binding arbitration in accordance with the American Arbitration Association’s Health Care Arbitration Rules, held in Denver, Colorado. Each party waives the right to a jury trial, except as prohibited by law.
15. Severability and Waiver. These Terms constitute the entire agreement between you and Cicada Health concerning the services and supersede any oral or written statements made by or to you. If any part of these Terms is deemed invalid or unenforceable, the remaining parts will remain in full effect. Failure by Cicada Health to enforce any right or provision of these Terms is not a waiver of its right to do so later.
16. Termination of Services. Cicada Health reserves the right to terminate your access to the Services or website for conduct Cicada Health believes violates these Terms or is harmful to other users, to Cicada Health, or to third parties. In compliance with ethical standards, Cicada Health’s clinicians will make reasonable efforts to ensure continuity of care upon termination, including referrals or transfer of records as appropriate.
17. Communications with Providers. By accepting these Terms, you consent to receiving messages, emails, and telehealth communications from your providers and Cicada Health. You are responsible for reviewing and responding to such communications. Cicada Health is not liable for damages resulting from your failure to review or act upon messages or treatment instructions.
18. No Assignment or Transference of Rights. These Terms and Conditions are personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under these Terms and Conditions. Any attempt to assign, delegate, or transfer in violation of this paragraph is void. Cicada Health may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under these Terms and Conditions. These Terms and Conditions are binding upon and inure to the benefit of the patient(s) and Cicada Health and their respective permitted successors and assigns.
19. State-Specific Privacy Rights. State consumer privacy laws may provide their residents with additional rights regarding Cicada Health’s use of their personal information. California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:
- Confirm whether Cicada Health processes their personal information.
- Access and delete certain personal information.
- Correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose (excluding Iowa and Utah).
- Data portability.
- Opt-out of personal data processing for targeted advertising (excluding Iowa); sales; or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
- Either limit (opt-out of) or require consent to process sensitive personal data.
The exact scope of these rights may vary by state. To exercise any of these rights please contact Cicada Health at admin@cicadahealthco.com. Cicada Health is committed to honoring these rights and will not discriminate against any consumer for exercising their privacy rights.
20. Contact Information for Further Inquiries. For questions or concerns about these Terms and Conditions, please contact Cicada Health at admin@cicadahealthco.com. Our customer service team is available to address any inquiries you may have regarding our services.
21. SMS and Text Messaging Services. Cicada Health, and its authorized service providers, may send you SMS or text message communications related to your care, including appointment confirmations and reminders, scheduling updates, billing or account notifications, and general care-related information. By providing your mobile phone number, you consent to receive these communications. Standard message and data rates may apply.
Automated and AI-Assisted Communications. Cicada Health may use third-party communication and AI-assisted front desk platforms to manage certain inbound and outbound communications, including phone calls, SMS messages, and appointment scheduling. By using Cicada Health’s services and providing your contact information, you acknowledge that communications may be handled or assisted by such platforms on behalf of Cicada Health. All such communications remain subject to Cicada Health’s privacy and HIPAA obligations.
Opt-Out. You may opt out of SMS communications at any time by replying STOP to any text message from Cicada Health. To opt back in, reply START. For assistance, reply HELP or contact us at admin@cicadahealthco.com.
SMS Consent and Privacy. SMS consent and your mobile phone number are not shared with third parties for marketing purposes.