Terms

Patient Terms of Use

Effective date: 22 June 2024

Yellow Cloud provides online mental healthcare services to its registered patients through the web patient portal and mobile application of Yellow Cloud. Usage of these applications to access these services are subject to the acceptance of these Terms of Use.

Yellow Cloud applications and services cannot be used if you do not agree or are not eligible or not authorized to agree to these Terms of Use. If you use this application, you are legally bound by these Terms of Use.

1. User Accounts

As a registered patient of Yellow Cloud you can access your patient user account and applicable services, using the user account details provided by Yellow Cloud . Patients who choose to self-register through the patient portal or patient mobile application will need to wait until their registration is confirmed by Yellow Cloud , before their account is active. By registering, you agree that:

You are not impersonating any other person and are using your actual identity.

Your registration is subject to verification and confirmation by Yellow Cloud and your patient user account will be activated only after confirmation.

The personal information provided during the registration process is true, accurate, current and complete. You are required to periodically review and update your registration data to ensure that it is always current and correct.

Your username and password are unique to you, and you agree not to disclose or share your username and password to or with any third party. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen.

You also agree that you will be solely responsible for any activities conducted on or through the patient portal and/or mobile application with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer. You hereby release and hold harmless Yellow Cloud from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.

Family user accounts added under your user account should strictly be added only for minors and dependents in your family who cannot operate their own independent user account and who have consented (if able) to you doing so on their behalf.

Yellow Cloud reserves the right to deny or revoke access to any user account at its sole discretion.

This application is only a tool to allow patients of Yellow Cloud to collaborate in their own mental healthcare, use scheduling and communication services and to access their personal health record maintained by Yellow Cloud .

All engagement between your mental healthcare provider and you through this application are governed by these Patient Terms.

As a user of services through the patient portal and/or mobile application of Yellow Cloud you agree to receive essential service related notifications in the form of SMS, email or mobile notifications. Notification settings to turn off non-essential notifications are available.

You shall not use any service or information in this application for any purposes other than managing your personal health information or that of your immediate family members (with due authorization) and/or to engage with mental healthcare providers of Yellow Cloud .

You are expected to avail of immediate professional medical attention in medical emergencies or critical care situations and not attempt to use the application to access your mental healthcare provider. The services enabled by the application is only meant to supplement your existing mental healthcare services and to enable you to collaborate better with your own mental healthcare providers, as decided by them.

Being an online application, there might be unforeseeable network and infrastructure issues in which case the application will not be available until the issue is rectified. Under such circumstances please directly contact Yellow Cloud in person for any services you may need. Yellow Cloud is not liable for any periods of non-availability of this application.

As a user you may not use automated tools on our applications without our consent, nor cause any degradation of our application services. You may not compromise the privacy and security of any user data, nor cause its modification, misuse or destruction in any way.

As a user, you will not use malware or engage in phishing activities to compromise the security of our applications and services.

Usage of this application does not make the technology vendor supporting this application, liable for any of the mental healthcare and/or other services you use through the application, nor does it result in any implied obligation between you and the vendor.

Yellow Cloud will make all possible efforts to provide you the best mental healthcare services. However, Yellow Cloud shall not incur any liability and shall declare any service guarantee void in the event the user is in breach of any of the Terms and Conditions of this Agreement

Both parties are at liberty to terminate this agreement. Terminating the agreement will cancel only your user accounts in the web and mobile applications of Yellow Cloud . It does not terminate nor impact any other consultations or patient-provider relationship that you have with Yellow Cloud

2. Data

As defined in the Privacy Policy, the application stores data, including Personal Information and PHI data, communications, usage data including but not limited to location, device type, operating system, browser, date-time and context usage, in HIPAA and GDPR compliant cloud infrastructure on Amazon Web services. All data storage and transmissions are encrypted.

The accuracy, integrity and completeness of the personal health information you enter, directly sync from health sensor devices and/or sync from your other health or fitness accounts into your health record, is your responsibility, and Yellow Cloud assumes no liability for it.

Any files that you upload into your personal health record in the app, including your profile picture, medical reports and any other file attachments are all securely uploaded and stored in your personal health record in our secure clouds storage.

Data in your personal health records will be accessible to and modifiable by authorized mental healthcare providers of Yellow Cloud , for the purpose of providing you with mental healthcare services.

Non- personalized system analysis of non-identifiable patient data may be done to enable better mental healthcare outcomes for the patients of Yellow Cloud . However the identity of individual users will remain completely anonymous in such analysis.

All user data is covered by the Privacy Policy of Yellow Cloud .

3. Services

Yellow Cloud will not assume any legal responsibility for the patient's medical condition and this online consultation only intends to aid in understanding the condition better based on the information given and is not meant to replace an in-person consultation

The online system is expected to enhance, not replace clinic visits. It is your responsibility to schedule follow-up appointments as indicated by your doctor.

The provider does not attend to Emergencies through this application. Under these circumstances, the patient has to contact the nearest hospital immediately.

The patient data will be kept confidential by Yellow Cloud and will not be disclosed to anyone under normal circumstances except as requested by law or in an emergency situation when requested by another provider.

4. Video Consultations

Video Consultation Appointment Timing :While the patient may specify the preferred appointment timing for a Video Consultation, Yellow Cloud reserves the right to schedule the appointment for an alternative timing. If this timing is not convenient, the user can request that it be rescheduled. Due to unpredictable emergencies, it may be that the provider is sometimes unable to attend to the video consultation exactly at the appointed time. In such cases the session might be rescheduled to a later time in consultation with the patient.

Video Consultation Duration : By default the average duration of a Video Consultation will be the duration decided by the provider. Yellow Cloud reserves the right to decide when the consultation ends. This could be earlier than the maximum possible duration. If the mental healthcare provider has to be conclude the video consultation mid-way due to emergency, then a new session at an alternative timing will be scheduled.

Video Session Quality : The quality of the video session depends on the quality of the Internet connection, web cam and audio facilities of both the patient and mental healthcare provider. It is the responsibility of the patient to ensure that the performance and quality of the equipment and connection used, are optimal for doing video calls online. Video Consultations that fail on account of poor equipment and connectivity will not be rescheduled for free. Nor will there be any refund of payment.

Video Session Privacy, Security & Etiquette : It is required that the patient prepares ahead of time to participate in the Video Consultation, in a quiet and private place, where only the patient is present in the room where the video session is being held. For elderly or disabled patients who require help to participate in the video, a caregiver may be present. There must be no audio/video recording of the video session by the patient. It is necessary that the patient (and any caregiver) act with proper decorum in speech and action during the video consultation and do not disclose the personal details such as bank ac no: /phone number,or other valid id proofs and email . Failure to comply with these requirements can result in termination of the video session with no refund or rescheduling of the consultation.

Nature of Consultation : Video Consultations must not be scheduled for patients with critical medical conditions. Such consultations are suitable only for basic follow-ups between the patient and mental healthcare provider and/ or preliminary consultation before meeting the mental healthcare provider in person.

5. Text or Question Based Consultations

Every attempt will be made to provide responses to your questions within the stipulated response time. However do not under any circumstances, delay seeking direct medical attention from your mental healthcare provider or nearest hospital.

Asking medical questions to a mental healthcare provider, whom you have not been consulting directly, does not necessarily result in establishing a doctor-patient relationship. Any response from the mental healthcare provider only constitutes helpful information which must be verified with your own provider .

Yellow Cloud is not liable for any mental healthcare issues related to the questions raised. Information provided at the time of asking a question must be accurate and complete. This is only to ensure that the response provided is helpful to the patient and does not involve a liability on part of Yellow Cloud .

Response time for a question is indicative of only the initial response to the question and does not include the time for responding to follow-up notes. Each follow-up should be expected to require the same response time as the initial question.

Payments for this service are covered by the payment terms for services through the patient portal and mobile application.

6. Payments

All consultation fees for services through the mobile and web application interfaces of Yellow Cloud have to be paid as per the terms of the service that you use. Offline payment collection for these services is not supported.

In course of time, Yellow Cloud may introduce other services in the system, the charges for which will be communicated to you as and when such services are introduced.

Payments made for any plans will not be refunded should you decide to discontinue.

7. Privacy Policy

Data in this application of Yellow Cloud can be created by your mental healthcare providers at Yellow Cloud and by yourself (the patient) after logging into the application with your authorized user account. Information that is collected as you use our web patient portal and mobile application includes the following:

Personal information : Personal information includes name, email address and/or phone number that you provide at signup. It also includes your profile picture (should you choose to add it to your user account), address and other personally identifiable information that you may choose to add to your user account profile. No payment method information is stored by this application.

Personal Health Information : Personal health information about patients users, that patient users themselves or authorized employees of Yellow Cloud enter into the Personal Health Record of a patient, including age, gender, known health conditions, medications, allergies, vaccinations, history of surgeries or procedures, goals, health journal entries and data that you enter into your health trackers either manually or by syncing with a health monitoring device or from a third party source that you alone authorize. It also includes medical reports and files that you choose to upload into your health profile.Syncing of data from your health or fitness accounts from external third party systems including but not limited to Google Fit and Apple Health app, requires you to authorize access to sync data into your health record. It also includes medical reports and files that you choose to upload into your health profile.

Operations Data : In order to enhance your usage experience and to ensure secure audit mechanisms, the application uses cookies, server logs and other similar mechanisms to enable certain functionality, improve services and monitor service usage. The log data includes context usage, location, device type, operating system, browser, date and time.

Cookies Usage Policy : Cookies are used to save user preferences, preserve session settings, help auto-authentication of frequently used services if required by your settings and to enable other similar functional requirements. You may use browser settings to disable cookies when using our web services, however it may result in some of the features and services of this application not functioning properly. The only third-party cookies used by the application are AWS (Amazon Web Services) load balancer cookies required for functioning of this cloud based application. These cookies have a one week expiry. The first-party cookies used by this application are for security and authentication purposes only. One of these cookies has a session lifespan and the other has a one year lifespan.

Data Storage Location: All data is stored only on HIPAA and GDPR compliant cloud infrastructure on Amazon Web services. All data transmission and storage are AES encrypted. No data is stored on your mobile devices. The cloud infrastructure is protected by a secure firewall.

Access: Data in your personal health records will be accessible to and modifiable by authorised healthcare providers of Yellow Cloud, solely for the purpose of providing you with healthcare services.

8. Use of Information

The personal and health information added through this application, through use of its services by patients and mental healthcare providers of Yellow Cloud will not be shared, disclosed or displayed to anyone other than authorized employees of Yellow Cloud. They will be able to update personal health information of their own patients by updated the patient health profile, uploading medical reports, adding review notes, health goals, monitoring feedback relevant as part of the consultation services used by the patients.

Yellow Cloud is fully authorized to terminate patient user accounts at any time and such patients will no longer have further access to their personal health information stored in the application storage in event of that happening. Whether or not to share that information with the patient user before termination of the patient user account is the prerogative of Yellow Cloud.

You have the right to request deletion of your user account with Yellow Cloud. Your account and all data in it will then be completely deleted. We reserve the right to maintain billing data only for our financial records.

Contact Information : The services platform will send you communications (email and other notifications), as per your notification settings, as part of essential functioning of services that you may avail, such as appointment booking information, alerts related to reviews and consultations by your mental healthcare providers. At time of registration you will be required to verify your email address and/or phone number. Your contact information may also be used for customer support services, should you choose to avail of them. In addition, we may use your contact information to provide you with information about our services. If you decide at any time that you no longer wish to receive such information or communications from us, please change applicable notification settings in your account. Your contact information is not shared with any third-party.

Anonymized data : Yellow Cloud may analyze anonymized and aggregated collected through the services, for purposes of evaluating mental healthcare outcomes, mental healthcare requirement patterns and to measure the effectiveness of services and content. Such anonymized and aggregated information is not considered as personal information.

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Yellow Cloud immediately of any unauthorized use of your account. Yellow Cloud is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.

The technology vendor supporting this platform is not responsible for the privacy policy compliance of any users who have access to data in it. That is the sole responsibility of Yellow Cloud .

9. Disclosure of Information

We may disclose any information to government or law enforcement officials if we believe doing so is required to comply with law enforcement and legal process; to prevent or stop any illegal, unethical, or legally actionable activity; to protect your, our or others rights and safety.

We may disclose your personal information on your own request accompanied by your permission.

Yellow Cloud does however reserve the right to deactivate or delete accounts of any user found to be in violation of our Terms of Use.

10. Transmission and Storage Security

All data is stored only in the servers of our technology vendor on the highly secure Amazon Web Service platform (which is compliant with HIPAA regulations). Necessary measures in providing secure transmission of personal health information before it is transferred across the Internet from your personal computer or devices are ensured. However, you should be aware of possible risk involved in transmitting information over the Internet as no data transmission can be guaranteed to be 100% secure and of risk that others could find a way to the art our security systems. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security and privacy of personal information you transmit to us, and you do so at your own risk.

11. Restriction based on age

All users of the patient portal and mobile app of Yellow Cloud are expected to be above 18 years of age. Parents, caregivers/guardians and mental healthcare providers are allowed to provide and store personal information about others, including minors and children. Any user providing, storing or submitting information on behalf of a child/person under guardianship assumes full responsibility over the submission, use, and transmission of such information.

12. Changes to this Policy

Please note that this Privacy Policy may change from time to time as we continue to offer evolve our services. In the event of any changes in our Privacy Policy, the updated version will be posted here and take effect from the moment of posting. The above mentioned terms are applicable as long as you are a registered patient of Yellow Cloud using Yellow Cloud’s web patient portal and mobile application.

Yellow Cloud is a service by YELLOW CLOUD MENTAL HEALTH SERVICES PRIVATE LIMITED. For enquiries if any, with regard to this policy, please contact us at customercare@yellowcloudonline.com