Terms of Service

Effective Date: May 3, 2021

Last Updated: May 2021

These Terms of Service ("Terms of Service" or “Terms”) are a legal contract between User, and Little Otter (“Us” or “We” or “Little Otter, Inc.”), creators of the Little Otter Website, Provider Portal, and Mobile Application (collectively, the “App”), and governs User’s use of the App, and all of its content and functionality (collectively, the “Services”). These Terms apply to all legal parents or guardians of child(ren) receiving treatment through the App and all healthcare providers providing treatment to pediatric patients on behalf of an organization authorized to use the App (individually a “User” and collectively the “Users”). By accepting these Terms and using the App. User acknowledges that User has read, understands, and agrees to these Terms and Our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy. IF USER DOES NOT UNDERSTAND THIS AGREEMENT OR DOES NOT AGREE TO BE BOUND BY THESE TERMS, USER MAY NOT USE THE SERVICES. 

Notice to Healthcare Providers: As applicable,healthcare organizations subject to the Health Insurance Portability and Accountability Act (“HIPAA”)  and authorized to access and use the App are required to enter into a Business Associate Agreement (“BAA”) with Little Otter. IF YOUR ORGANIZATION IS SUBJECT TO HIPAA, YOU MAY NOT USE THE APP UNTIL YOUR ORGANIZATION HAS ENTERED INTO A BAA WITH LITTLE OTTER. 

Note to Patients/Parents: As more fully described in Section 2 below, Little Otter, Inc. does not provide medical services. When you or your child receive professional healthcare services through the App, those services are provided by Little Sloth Healthcare, P.C. (Little Sloth), a medical practice that is independent of Little Otter. For more information about the services Little Sloth provides to you through the App and how you pay for those services, scroll down. 

Little Sloth is a physician-owned medical practice that delivers services through the App, and Little Otter does not have any control over the clinical services your child receives. None of the healthcare providers delivering services through Little Otter are contracted or employed by us. Therefore, you should contact your child’s provider directly if you have a question or concern about your care.
 
Little Otter does not provide professional healthcare services or medical advice and cannot be held liable for malpractice or substandard care delivered to you via the App.

What Are The App and Devices?

Section 1

The App is intended to provide a convenient platform for (1) parents/legal guardians of pediatric patients to use to schedule telebehavioral health visits for their children, allow their children to participate in telebehavioral health visits, and complete telebehavioral health assessments as prescribed by the patient’s healthcare provider and digitally transmit that information to the provider; (2) pediatric behavioral health providers to use to provide telebehavioral health services to pediatric patients. It is not intended for use by healthcare providers or patients for continuous patient monitoring in such a way that would allow immediate clinical action in an emergency situation. 

User may access and use the App only in accordance with these Terms, and agrees to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Privacy Policy.

Devices

The App is intended to be used on an Apple smartphone or tablet or on any device that can access a web browser. We do not manufacture these devices nor will we provide them to User. 

What Does Little Otter NOT Provide?

Section 2

We do NOT provide medical advice

THE APP CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

Notice to Parents/Guardians: 

  • If at any time User is concerned about User’s child’s care or treatment, or User believes or suspects or someone else advises User that User’s child has a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
  • Questions and information collected through the App are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments; the App and/or any data derived from the App are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
  • FURTHER, A PROVIDER’S OR RESEARCHER’S USE OF OUR APPLICATION IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER OR RESEARCHER BY US. THE MEDICAL ADVICE PROVIDED TO USER OR USER’S CHILD BY USER’S HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER OUR CONTROL, NOR DO WE PROVIDE IT TO USERS OR USE IT.
  • We do not confirm the credentials of any healthcare professional using the App. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the App in accordance with laws applicable to the practice of medicine. Users are responsible for separately confirming that a healthcare provider is in good standing with his or her respective licensing board(s) and exercising whatever other due diligence Users feel appropriate in selecting and maintaining User’s choice of healthcare professionals.
  • Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the App.

Notice to Healthcare Providers:

  • We are NOT an insurance billing company

While we provide a convenient platform for Users to track information that may allow Users to provide certain services that may or may not be reimbursable by federal or state health insurance payors, we are not billing experts and any information provided to Users with respect to billing is for informational purposes only and should not be relied upon or construed to guarantee reimbursement of any services.

Who Is Eligible To Use The App?

Section 3

User must register to create an account to use the App (“User Account”). To register, User must provide User’s name, User’s child’s name (if applicable), User’s email address, User’s zip code, a password, and other information specified in the registration form (“Registration Data”). User may change or correct information in User’s account by contacting Little Otter at help@littleotterhealth.com.

Notice to Parents/ Guardians: User agrees not to register for a User Account on behalf of a child unless User is the child’s parent or legal guardian.

By registering for an account and using the App, User represents and warrants:

  1. That User is at least 18 years old and is otherwise legally qualified to enter into and form contracts under applicable law;
  2. User’s Registration Data is true, accurate, current, and complete;
  3. User is the legal parent or guardian of the child(ren) that that User authorizes to receive treatment through the App and will supervise User’s child(ren)’s visits as recommended by User’s child’s provider OR a healthcare provider providing treatment to pediatric patients on behalf of an organization authorized to use the Little Otter software;
  4. User has read, understands, and agrees to our Privacy Policy;
  5. User will update Users Registration Data as needed to maintain its accuracy; and
  6. User is not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting’ country, and User is not listed on any U.S. Government list of prohibited or restricted parties.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE APP WHERE PROHIBITED BY LAW. USER UNDERSTAND THAT USER’S USE OF THE APP MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. USERS ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY USER’S WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM USER’S USE OF THE APP.