Terms of Use and Business Associate Agreement
Holism Inc.
Effective Date: April 16, 2026
Last Updated: April 16, 2026
Introduction
These Terms of Use ("Terms") govern your access to and use of the Holism Health platform, including the website at holism.health, directory.holism.health, and all related services, applications, and tools (collectively, the "Platform"), operated by Holism Health, Inc. ("Holism," "we," "us," or "our").
These Terms contain two parts:
- Part A: General Terms of Use — applies to all users (Patients and Practitioners)
- Part B: Business Associate Agreement (BAA) — applies specifically to Practitioners who are Covered Entities under HIPAA
Please read both parts carefully before using the Platform. By creating an account or using the Platform, you agree to be bound by these Terms in their entirety.
If you are agreeing to these Terms on behalf of a business or organization, you represent that you have the authority to bind that entity.
PART A: GENERAL TERMS OF USE
1. Eligibility
To use the Platform, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction)
- Have the legal capacity to enter into a binding agreement
- Not be prohibited from using the Platform under applicable law
- Provide accurate, complete, and current registration information
Practitioners must additionally hold all required licenses, certifications, and credentials applicable to their practice specialty and jurisdiction, and must maintain those credentials in good standing throughout their use of the Platform.
2. Account Registration and Security
You agree to provide accurate and complete information when creating your account and to keep your account information current. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
You agree to:
- Use a strong, unique password and enable multi-factor authentication (MFA) when prompted
- Notify us immediately at support@holism.health if you suspect unauthorized access to your account
- Not share your login credentials with any other person
- Log out of your account after each session, particularly on shared devices
We are not liable for any loss resulting from unauthorized use of your account where you have failed to maintain the security of your credentials.
3. Platform Description
Holism Health is a marketplace and practice management platform that:
- Enables Patients to discover and connect with holistic, integrative, and complementary medicine Practitioners
- Provides Practitioners with tools for profile management, appointment scheduling, telehealth consultations, practice management, and patient communication
- Facilitates secure messaging and telehealth video consultations between Patients and Practitioners
- Supports Practitioner community features ("Holism Circles")
Holism Health is a technology platform, not a healthcare provider. We do not provide medical advice, diagnosis, or treatment. All clinical decisions are made solely by the licensed Practitioners on the Platform. We do not recommend or endorse any particular Practitioner, treatment, or health product.
4. Patient Terms
4.1 Not a Medical Provider
Your use of the Platform does not create a physician-patient or other clinical relationship between you and Holism Health. Any clinical relationship is solely between you and the Practitioner you engage.
4.2 No Emergency Services
The Platform is not for medical emergencies. If you are experiencing a medical emergency, call 911 (or your local emergency number) or go to the nearest emergency room immediately.
4.3 Information Accuracy
You are responsible for providing accurate health information to Practitioners. Inaccurate information may affect the quality of care you receive.
4.4 Practitioner Vetting
While we take reasonable steps to verify Practitioner credentials and licenses, we do not guarantee the qualifications, competency, or conduct of any Practitioner. Patients are encouraged to independently verify Practitioner credentials and conduct due diligence before engaging any Practitioner.
4.5 Reviews and Feedback
You may submit reviews of Practitioners. Reviews must be honest, based on your genuine experience, and must not contain false statements, personal attacks, or PHI. We reserve the right to remove reviews that violate these Terms.
5. Practitioner Terms
5.1 License Compliance
Practitioners represent and warrant that they hold all required licenses and credentials for their practice specialty and jurisdiction, and that all information provided in their profile is accurate and current. Practitioners must promptly update their profile if their credentials change or lapse.
5.2 Professional Standards
Practitioners agree to:
- Provide services in accordance with applicable professional standards and ethics
- Maintain appropriate professional liability (malpractice) insurance
- Comply with all applicable federal, state, and local laws governing their practice
- Comply with HIPAA and all other applicable healthcare privacy laws
5.3 Scope of Practice
Practitioners may only offer services within their licensed scope of practice. Practitioners must clearly represent their credentials and not misrepresent their qualifications.
5.4 Patient Communications
All patient communications must be conducted through the Platform's secure messaging and video features. Practitioners must not direct Patients to communicate through unsecured channels (personal email, personal SMS, unencrypted apps) for any communications involving PHI.
5.5 Subscription and Fees
Practitioner access to premium practice management features is subject to the subscription plan selected at sign-up. Subscription fees are billed in advance on a monthly or annual basis. Holism reserves the right to modify pricing with 30 days' written notice. Fees are non-refundable except as required by law or as expressly stated in our refund policy.
5.6 BAA Acknowledgment
By accepting these Terms, Practitioners who are HIPAA Covered Entities also agree to the Business Associate Agreement set forth in Part B of these Terms.
6. Acceptable Use Policy
You agree NOT to use the Platform to:
- Violate any applicable law or regulation
- Infringe the intellectual property rights of others
- Upload, transmit, or distribute malicious code, viruses, or harmful content
- Harass, threaten, or harm other users
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Collect or harvest information about other users without their consent
- Use automated tools (bots, scrapers, crawlers) to access the Platform without our written permission
- Interfere with or disrupt the Platform's security or integrity
- Circumvent any access controls or security features of the Platform
- Use the Platform to advertise or solicit users for services outside the Platform
- Post false, misleading, or defamatory content
- Engage in any conduct that restricts or inhibits anyone's use of the Platform
We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy, with or without notice.
7. Payments and Refunds
7.1 Patient Payments
Appointment fees are displayed before booking confirmation. By confirming a booking, you authorize Holism to charge your selected payment method. Payment processing is handled by Stripe, which is subject to Stripe's own terms of service.
7.2 Practitioner Payouts
Practitioners receive payouts for completed appointments per the payout schedule described in their Practitioner Dashboard. Holism may deduct applicable platform fees before remitting payment.
7.3 Cancellations and Refunds
Cancellation and refund policies for appointments are governed by each Practitioner's stated cancellation policy. Patients should review a Practitioner's cancellation policy before booking. Platform subscription fees for Practitioners are non-refundable except as required by law.
7.4 Disputes
Payment disputes should be directed to support@holism.health within 30 days of the transaction. We will make reasonable efforts to resolve disputes in good faith.
8. Intellectual Property
8.1 Platform Content
All content on the Platform — including text, graphics, logos, software, and user interface elements — is owned by Holism Health or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from Platform content without our express written permission.
8.2 User Content
You retain ownership of content you submit to the Platform (including Practitioner profiles, patient reviews, and uploaded documents). By submitting content, you grant Holism a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content solely for the purpose of operating and improving the Platform.
You represent that you have the right to submit any content you post and that it does not violate any third-party rights.
8.3 Feedback
If you provide us with feedback or suggestions, we may use that feedback without restriction or compensation to you.
9. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HOLISM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLISM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.
IN NO EVENT SHALL HOLISM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO HOLISM IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF HOLISM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless Holism Health and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any content you submit to the Platform; or (e) for Practitioners, any claims arising from your clinical services.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights.
CLASS ACTION WAIVER: YOU AND HOLISM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION.
13. Termination
We reserve the right to suspend or terminate your access to the Platform at any time for any reason, including violation of these Terms. You may terminate your account at any time by contacting us at support@holism.health. Upon termination, the provisions of these Terms that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and the BAA) shall survive.
14. Modifications
We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or in-app notification. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.
15. Contact
Holism Health, Inc.
Email: support@holism.health
Website: holism.health
PART B: BUSINESS ASSOCIATE AGREEMENT (BAA)
This Business Associate Agreement ("BAA") is entered into between Holism Inc. ("Business Associate") and the Practitioner ("Covered Entity") who has agreed to the Terms of Use above. This BAA supplements and is incorporated into the Terms of Use.
This BAA is effective as of the date the Practitioner accepts the Terms of Use and remains in effect for the duration of the Practitioner's use of the Platform.
BAA Section 1: Definitions
Terms used but not otherwise defined in this BAA shall have the same meaning as those terms in 45 CFR Parts 160 and 164 (the HIPAA Rules).
- "Business Associate" means Holism Inc.
- "Covered Entity" means the Practitioner who has accepted these Terms and who is a Covered Entity as defined by HIPAA.
- "PHI" means Protected Health Information as defined in 45 CFR §160.103, limited to the PHI received by, or created, maintained, transmitted, or received by Business Associate on behalf of Covered Entity.
- "HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Parts 160 and 164.
- "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system.
- "Subcontractor" means a person to whom Business Associate delegates a function, activity, or service, other than in the capacity of a member of the workforce.
BAA Section 2: Obligations of Business Associate
Business Associate agrees to:
2.1 Use and Disclosure Restrictions
Not use or disclose PHI other than as permitted or required by this BAA, the Terms of Use, or as required by applicable law.
2.2 Permitted Uses and Disclosures
Business Associate may use and disclose PHI:
- As necessary to perform the services described in the Terms of Use on behalf of Covered Entity
- For the proper management and administration of Business Associate's operations, or to carry out its legal responsibilities, provided that disclosures are required by law or Business Associate obtains written assurances from the recipient
- To report violations of law to appropriate federal or state authorities, consistent with 45 CFR §164.502(j)(1)
- As otherwise permitted under 45 CFR §164.504(e)
2.3 Safeguards
Implement and maintain appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI, in accordance with 45 CFR Part 164, Subpart C (the Security Rule).
2.4 Subcontractors
Ensure that any Subcontractor that creates, receives, maintains, or transmits PHI on behalf of Business Associate agrees to restrictions and conditions at least as stringent as those in this BAA, through a written agreement (subcontractor BAA).
2.5 Reporting
(a) Security Incidents: Report to Covered Entity any Security Incident of which Business Associate becomes aware. The parties acknowledge that due to the ubiquitous nature of low-level security incidents (e.g., pings, port scans), Business Associate provides this blanket notice that such incidents may occur. Business Associate will report material Security Incidents that result in unauthorized access to PHI within 5 business days of discovery.
(b) Breaches: Report to Covered Entity any Breach of Unsecured PHI in accordance with 45 CFR §164.410, without unreasonable delay and in no event later than 60 calendar days after discovery. Notice shall include, to the extent available: (i) the identity of each individual affected; (ii) a brief description of the Breach; (iii) the types of PHI involved; (iv) steps individuals should take to protect themselves; (v) a brief description of what Business Associate is doing to investigate, mitigate harm, and prevent future breaches; and (vi) contact information.
(c) Impermissible Uses or Disclosures: Report to Covered Entity any use or disclosure of PHI not provided for by this BAA within 15 business days of discovery.
2.6 Access to PHI
Make available PHI in designated record sets to Covered Entity, or as directed by Covered Entity to an Individual, as necessary for Covered Entity to satisfy its obligations under 45 CFR §164.524.
2.7 Amendment of PHI
Make PHI available for amendment and incorporate any amendments to PHI as directed by Covered Entity, to satisfy Covered Entity's obligations under 45 CFR §164.526.
2.8 Accounting of Disclosures
Make available the information required to provide an accounting of disclosures to Covered Entity, as necessary for Covered Entity to satisfy its obligations under 45 CFR §164.528.
2.9 HIPAA Compliance Access
Make its internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of the U.S. Department of Health and Human Services for purposes of determining Covered Entity's or Business Associate's compliance with the HIPAA Rules.
2.10 Minimum Necessary
Use reasonable efforts to use, disclose, and request only the minimum necessary PHI to accomplish the intended purpose, consistent with 45 CFR §164.514(d).
BAA Section 3: Obligations of Covered Entity
Covered Entity agrees to:
3.1 Compliance with HIPAA
Comply with all applicable requirements of HIPAA, including the Privacy Rule and Security Rule, in connection with the use of the Platform and disclosure of PHI to Business Associate.
3.2 Notices of Privacy Practices
Notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to with an Individual, to the extent such restriction may affect Business Associate's use or disclosure of PHI.
3.3 Patient Authorizations
Obtain any required authorizations from Patients before using the Platform to create, store, or transmit PHI, and promptly notify Business Associate of any revocation of such authorization.
3.4 Accuracy of PHI
Ensure that PHI provided to Business Associate is accurate and complete to the best of Covered Entity's knowledge.
3.5 Staff Training
Ensure that workforce members who use the Platform receive appropriate HIPAA training and understand their obligations with respect to PHI.
3.6 Minimum Necessary
Disclose to Business Associate only the minimum PHI necessary to accomplish the services described in the Terms of Use.
BAA Section 4: Permissible Uses and Disclosures by Business Associate
Except as otherwise limited in this BAA, Business Associate may:
- Use PHI for the proper management and administration of Business Associate's operations
- Use PHI to provide the services described in the Terms of Use
- De-identify PHI in accordance with 45 CFR §164.514(b) and use or disclose such de-identified data for platform improvement, analytics, and research purposes
- Use PHI to create aggregate, de-identified data for reporting, benchmarking, and product development, provided that such data cannot reasonably be used to identify any Individual
Business Associate shall not:
- Use or disclose PHI for marketing purposes without prior authorization from the applicable Individual
- Sell PHI
- Use PHI in a manner that would violate the HIPAA Privacy Rule
BAA Section 5: Term and Termination
5.1 Term
This BAA is effective as of the date the Practitioner accepts these Terms and shall remain in effect until terminated as set forth herein.
5.2 Termination for Cause
Either party may terminate this BAA and the Terms of Use if the other party materially breaches a provision of this BAA, provided that the non-breaching party first provides written notice of the breach and affords the breaching party 30 days to cure. If the breach is not cured within the cure period, the non-breaching party may terminate immediately upon written notice.
5.3 Termination for Violation
Business Associate may terminate this BAA and suspend Covered Entity's access to the Platform immediately if Business Associate determines that Covered Entity has violated a material term of this BAA and cure is not possible.
5.4 Effect of Termination
Upon termination:
(a) Return or Destruction: Business Associate shall, at the election of Covered Entity, return to Covered Entity or destroy all PHI received from, or created or received by Business Associate on behalf of, Covered Entity. Business Associate shall retain no copies of such PHI. If return or destruction is not feasible, Business Associate shall notify Covered Entity in writing and shall extend the protections of this BAA to any retained PHI and limit further uses and disclosures to those purposes that make return or destruction infeasible.
(b) Survival: The obligations of Business Associate under Section 2 of this BAA shall survive termination with respect to any PHI retained by Business Associate.
BAA Section 6: Miscellaneous
6.1 Regulatory References
Any reference to a statutory or regulatory provision in this BAA shall be deemed a reference to that provision as it may be amended from time to time.
6.2 Interpretation
This BAA shall be interpreted in a manner that allows Covered Entity to comply with HIPAA. Any ambiguity shall be resolved in favor of such compliance.
6.3 No Third-Party Beneficiaries
This BAA is for the sole benefit of the parties. Nothing herein shall create any rights in any third party, including Patients, except as expressly required by HIPAA.
6.4 Entire Agreement
This BAA, together with the Terms of Use, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, oral or written, relating to the subject matter of this BAA.
6.5 Amendment
Business Associate may amend this BAA from time to time to ensure compliance with applicable law or regulatory guidance, including changes to the HIPAA Rules. Business Associate shall provide Covered Entity with at least 30 days' prior written notice of any material amendments.
6.6 Governing Law
This BAA shall be governed by the laws of the State of Delaware and applicable federal law, including HIPAA.
By accepting these Terms of Use, Practitioners who are HIPAA Covered Entities acknowledge that they have read, understood, and agree to be bound by this Business Associate Agreement, and that this BAA is effective as of the date of acceptance.
Holism Health, Inc. agrees to be bound by the obligations of Business Associate as set forth in this BAA.