Clinical Communications and Third-Party Interaction Addendum
Last Updated: March 16, 2026.
This Clinical Communications and Third-Party Interaction Addendum (the “Addendum”) is incorporated into and forms part of the Simvuly Terms of Service (the “Terms”). Capitalized terms not defined herein have the meanings set forth in the Terms. In the event of any conflict between this Addendum and the Terms, this Addendum shall control with respect to the subject matter herein. In the event of any conflict between this Addendum and a Business Associate Agreement, the Business Associate Agreement shall control solely with respect to PHI privacy and security obligations. This Addendum is governed by the laws of the State of Ohio, without regard to its conflict of law principles, consistent with the governing law provisions of the Terms.
This Addendum applies to all use of the Services by any licensed healthcare professional or healthcare organization in connection with any communication, coordination, or information sharing involving patient care, regardless of whether such use occurs between individual providers, between organizations, or between a provider and an organization. By accessing or using the Services in any such capacity, you acknowledge and agree to this Addendum.
Simvuly provides a technology platform that facilitates healthcare provider-to-provider communications and care coordination workflows. Simvuly does not provide clinical services, does not furnish medical advice, does not diagnose or treat patients, and does not establish a physician–patient relationship with any individual.
Simvuly does not employ, contract with, supervise, or control any healthcare professional using the Services.
Simvuly does not verify, validate, or warrant the credentials, licensure, malpractice coverage, privileging status, or scope of practice of any healthcare professional using the Services, nor the accuracy, completeness, or appropriateness of any information submitted through the Services. Where Simvuly performs any identity or credential validation step as part of account registration or access, such validation is performed solely for platform access purposes and does not constitute verification of a user’s licensure status, scope of practice, or fitness to engage in any particular clinical activity.
Simvuly makes no determination as to the clinical or legal character of any communication made through the Services, including whether any communication constitutes a formal consultation, active clinical management, curbside advice, or any other category of professional activity with distinct legal or regulatory implications. Each user is solely responsible for understanding the nature and implications of their own communications under applicable law and professional standards.
Simvuly does not guarantee that any user is who they claim to be or that any user is acting within their stated role, specialty, or scope of practice in any particular interaction.
Each licensed healthcare professional using the Services is solely responsible for:
(a) all clinical judgments, recommendations, and decisions made in connection with their use of the Services, regardless of the form or informality of the communication;
(b) understanding and complying with their own licensure requirements, scope of practice, and professional obligations under the laws of any jurisdiction in which they are licensed or in which their patient is located;
(c) determining whether any communication made through the Services constitutes the practice of medicine, a formal consultation, active clinical management, or any other regulated professional activity, and conducting themselves accordingly;
(d) determining whether any communication made through the Services must be documented and, if so, whether and how it must be incorporated into a patient’s medical record, in accordance with applicable law, professional standards, and any applicable organizational policies;
(e) obtaining any required patient consent, authorization, or notification prior to sharing patient information through the Services, including under HIPAA, applicable state privacy laws, and any other applicable legal or regulatory requirements;
(f) ensuring that any patient information shared through the Services is limited to what is necessary and appropriate for the purpose of the communication;
(g) maintaining their own malpractice and professional liability coverage adequate to cover their activities conducted through the Services; and
(h) complying with all applicable federal, state, and local laws, regulations, and professional standards governing their use of the Services, including but not limited to telemedicine and cross-jurisdictional practice requirements.
Nothing in the Services or this Addendum establishes, defines, or limits the professional obligations of any healthcare professional. Simvuly does not determine and is not responsible for the scope of any provider’s clinical responsibilities in connection with any communication made through the Services.
Use of the Services does not create a care team, joint treatment relationship, or shared responsibility for patient care among users. Each healthcare professional remains solely and independently responsible for their own clinical decisions and actions.
Where the Services are used by or on behalf of a healthcare organization, medical group, health system, specialty network, or other entity (each, a “Clinical Organization”), the following additional provisions apply.
The Clinical Organization is solely responsible for:
(a) ensuring that all healthcare professionals using the Services on its behalf are appropriately licensed, credentialed, privileged, and supervised in accordance with applicable law and the organization’s own policies;
(b) establishing and maintaining any credentialing, privileging, malpractice, and supervision arrangements applicable to its affiliated providers, including in connection with any inter-organizational service arrangements;
(c) ensuring that its affiliated providers’ use of the Services complies with all applicable laws, regulations, accreditation standards, and organizational policies;
(d) determining whether its use of the Services in connection with any inter-organizational arrangement (including arrangements with other Clinical Organizations, specialty networks, or individual providers) requires a separate written agreement governing the clinical, legal, and financial terms of that arrangement, and entering into any such agreement as it deems appropriate; and
(e) ensuring that all consultation content, recommendations, and other clinical outputs generated through the Services by its affiliated providers are appropriately reviewed, documented, and incorporated into patient medical records in accordance with applicable law and the organization’s own policies.
Simvuly is not a party to any arrangement between Clinical Organizations or between a Clinical Organization and any individual provider, and bears no responsibility for the terms, existence, or absence of any such arrangement. The absence of a separate inter-organizational agreement does not alter or reduce the responsibilities of any Clinical Organization or provider under this Addendum or applicable law.
Where the Services are used to facilitate clinical services between two or more Clinical Organizations, or between a Clinical Organization and one or more individual providers, the parties acknowledge that:
(a) Simvuly is not a party to, and bears no responsibility for, any agreement (or the absence of any agreement) between Clinical Organizations, or between a Clinical Organization and any individual provider, governing the clinical, legal, or financial terms of their relationship, including scope of services, credentialing and privileging arrangements, malpractice and indemnification obligations, and medical record ownership;
(b) each Clinical Organization is independently responsible for ensuring compliance with all applicable laws in connection with the services it provides or receives through the platform, including state medical practice acts, corporate practice of medicine prohibitions, and any applicable telehealth or cross-jurisdictional requirements;
(c) in the event of any dispute between Clinical Organizations, or between a Clinical Organization and any individual provider, arising from or related to their use of the Services, Simvuly shall have no obligation to mediate, arbitrate, or otherwise participate in the resolution of such dispute, and each Clinical Organization waives any claim against Simvuly arising from such a dispute; and
(d) Simvuly’s records of communication activity (including timestamps, routing data, and message logs) are maintained solely for platform operational purposes and do not constitute an official record of any clinical encounter for medical, legal, regulatory, or billing purposes.
The Services may be used for a range of provider-to-provider communications, including but not limited to formal specialty consultations, care coordination, clinical information sharing, and informal provider-to-provider communications. The Services are not intended for urgent or emergent communications.
Simvuly makes no representation that any communication facilitated through the Services satisfies any particular clinical, legal, or regulatory standard. The routing, transmission, or facilitation of any communication by the Services does not constitute an assignment, endorsement, or clinical recommendation by Simvuly, and does not create any obligation on the part of any provider to respond or to take any clinical action.
Each provider is solely responsible for determining the appropriate nature, scope, and follow-through of any communication they initiate or receive through the Services, including whether an informal communication requires escalation, formal documentation, or direct patient management.
The receipt of any communication through the Services does not create any duty or obligation for any user to review, respond to, act upon, or follow up on such communication. No user shall rely on the availability, responsiveness, or participation of any other user through the Services for purposes of patient care.
Any routing, matching, or facilitation of communications by the Services is based on platform functionality and user inputs and does not constitute assignment of clinical responsibility, referral, or recommendation by Simvuly.
Simvuly does not guarantee the delivery, timing, or receipt of any communication transmitted through the Services.
Users acknowledge that they may not rely on any other user’s participation, availability, or input through the Services for purposes of patient care and must independently verify all information obtained.
Simvuly is not a system of record and does not create or maintain a Designated Record Set as defined under HIPAA.
Simvuly is not responsible for:
(a) the creation, accuracy, completeness, or legal sufficiency of any clinical documentation generated in connection with use of the Services;
(b) determining whether any communication or output generated through the Services constitutes a medical record or a component thereof that must be retained or incorporated into a patient’s record;
(c) maintaining, archiving, or producing official patient medical records;
(d) responding to requests for access, amendment, or accounting of disclosures relating to medical records;
(e) retaining clinical content for any period required by applicable law, accreditation standards, or organizational policy. Each user and Clinical Organization is solely responsible for exporting and preserving any content required for their own medical record retention obligations, and for doing so prior to any termination or expiration of their access to the Services; or
(f) how information obtained through the Services is interpreted, documented, or used in any medical record or clinical workflow.
To the extent the Services are used to transmit Protected Health Information (“PHI”), Simvuly acts as a Business Associate or subcontractor Business Associate, as applicable, and processes PHI solely to provide the Services in accordance with the applicable Business Associate Agreement and applicable law.
Each user is independently responsible for ensuring they have a lawful basis under HIPAA and all applicable state privacy laws for any disclosure of PHI made through the Services, including but not limited to any disclosure to another provider, organization, or specialist. This responsibility applies regardless of whether the disclosing and receiving parties have a formal organizational relationship, a shared patient relationship, or no pre-existing relationship at all. Each user who receives PHI through the Services is independently responsible for handling that information in accordance with all applicable law, including HIPAA and applicable state privacy laws, regardless of whether a formal relationship exists between the sender and the recipient. Simvuly’s facilitation of any transmission does not constitute a representation that any such disclosure or receipt is lawful.
Users and Clinical Organizations are solely responsible for ensuring that any PHI disclosed through the Services is limited to the minimum necessary for the purpose of the communication, and complies with HIPAA, applicable state privacy laws, and all other applicable legal and regulatory requirements, including any state laws governing particularly sensitive categories of health information such as mental health, substance use, reproductive health, or genetic information.
The Services may include artificial intelligence or automated assistance features.
Such features are provided solely as assistive tools to support clinician documentation and workflow efficiency. They do not constitute clinical decision support as defined under applicable FDA or ONC regulations, do not establish a standard of care, and are not a substitute for professional medical judgment. Simvuly makes no representation that AI-generated outputs are accurate, complete, current, or appropriate for any specific patient, clinical context, or jurisdiction.
Each user is solely responsible for independently evaluating any output generated by AI features before relying on it in any clinical context. Clinical Organizations are responsible for establishing internal policies governing their affiliated providers’ use of AI-assisted features, including any patient disclosure obligations required by applicable law.
The Services may be used by healthcare professionals who do not have a pre-existing contractual, employment, or formal clinical relationship with one another or with the same organization. Simvuly does not create, require, or verify the existence of any such relationship. Each user is solely responsible for determining whether their use of the Services, including any exchange of patient-related information or clinical input, is permitted under applicable law, professional obligations, and organizational policies.
The nature and legal character of clinical interactions facilitated through the Services may vary depending on applicable law, including state-specific requirements, scope of practice rules, licensure requirements, and the specific clinical context. Simvuly does not determine whether any interaction constitutes the practice of medicine, a formal consultation, active clinical management, or informal professional communication, and makes no representation that any particular interaction satisfies any clinical, legal, or regulatory standard applicable to any user. Users are solely responsible for ensuring that their use of the Services complies with all applicable legal and professional requirements in every jurisdiction in which they practice or in which their patients are located.
Simvuly does not designate, label, or enforce whether any interaction constitutes a formal consultation, informal communication, or other category of clinical engagement. Any such characterization is determined solely by the participating users and applicable law.
Nothing in this Addendum creates any partnership, joint venture, agency, or employment relationship between Simvuly and any user, provider, or Clinical Organization.
No user, provider, or Clinical Organization acts as an agent of Simvuly. Simvuly is not responsible for the acts, omissions, communications, or clinical decisions of any user, provider, or Clinical Organization in connection with their use of the Services.
All information shared through the Services, including any Protected Health Information, is disclosed solely at the direction of users. Simvuly does not initiate, direct, control, or determine the content, scope, timing, or recipients of any such disclosures.
Simvuly’s role is limited to providing the technical means by which users may transmit information. Users are solely responsible for determining whether any disclosure is appropriate, lawful, and compliant with applicable privacy, security, and professional obligations.
Simvuly may update this Addendum from time to time in accordance with the Terms of Service. Continued use of the Services following notice of any update constitutes acceptance of the revised Addendum.
