Non-HIPPA Disclaimer

Effective Date: October 12, 2024

This notice outlines the compliance status of the Eleven Dash platform with respect to the Health Insurance Portability and Accountability Act (HIPAA). Please read carefully before using the platform in a healthcare setting.

1. HIPAA Compliance Status 

1.1 Non-HIPAA Compliance 

Eleven Dash is not compliant with the requirements of HIPAA, and as such, it does not meet the technical, administrative, or physical safeguards required to handle, store, or transmit Protected Health Information (PHI) as defined under HIPAA. The Platform is unsuitable for use in any healthcare setting where HIPAA-compliant management of PHI is required. 

Specific limitations include: 

The platform does not implement HIPAA-mandated safeguards such as end-to-end encryption specifically designed for PHI. 

It lacks access controls tailored for healthcare compliance. 

There are no audit logging or breach notification systems required under HIPAA. 

1.2 Absence of Required Safeguards 

The following critical safeguards mandated by HIPAA are absent from the Eleven Dash Platform: 

End-to-End Encryption: The Platform does not provide encryption specifically designed for PHI, either in transit or at rest. Access Control

Mechanisms: There are no specific access control protocols to restrict access to PHI based on user roles, which is required under HIPAA. 

Audit Trails: The Platform does not maintain comprehensive audit logs of all user activity involving PHI. HIPAA requires such logs to track access and alterations to PHI. 

Breach Notification: The Platform lacks systems for timely breach notification and reporting, as required under HIPAA Section 164.404. 

For these reasons, Eleven Dash is not suitable for any business or entity that needs to comply with HIPAA regulations concerning the handling of PHI.

2. Permitted Uses of Eleven Dash 

2.1 General Use Cases 

The Eleven Dash platform is intended for general business operations and customer relationship management (CRM). Permitted uses of the Platform are restricted to activities that do not involve the processing, storage, or transmission of PHI or other sensitive health data. Permissible activities include:  

Marketing and Promotional Communications: Creating, managing, and distributing marketing content, such as email newsletters, promotional offers, and social media advertisements, that do not reference any health-related data. 

Customer Engagement: Interacting with customers for general purposes, such as responding to inquiries, collecting customer feedback, and conducting loyalty programs. 

Appointment Scheduling: Organizing appointments for non-medical services, such as beauty treatments, consultations, or other non-healthcare-related services. 

2.2 Limitations on Use for Healthcare Entities 

Healthcare entities, including but not limited to medical spas, wellness clinics, and aesthetic service providers, are strongly advised to limit the use of Eleven Dash to the above examples and to avoid any use involving PHI or other sensitive healthcare data. It is the responsibility of healthcare providers to ensure that their use of the Platform aligns with these permissible uses.  

3. Prohibited Uses of Eleven Dash 

3.1 Prohibited Activities 

Users are explicitly prohibited from using Eleven Dash for any activity involving PHI, including, but not limited to: Storing PHI: Storing patient medical records, treatment plans, diagnoses, or any other medical histories that fall under the definition of PHI. 

Transmitting PHI: Sending or sharing PHI through the Platform, including data transmission between users or between the Platform and external entities, such as healthcare providers or insurance companies. 

Managing Health Information: Handling, processing, or recording health-related information such as insurance details, prescription information, or medical treatment data. Any use that violates these prohibitions constitutes a breach of this Notice and could lead to legal action, regulatory fines, and penalties for non-compliance with HIPAA. 

 3.2 Consequences of Prohibited Use 

Failure to comply with these prohibitions may result in the immediate suspension or termination of user accounts, as well as the potential for civil and criminal liabilities under HIPAA or applicable privacy laws.

4. User Responsibility 

4.1 Compliance Assurance 

By using the Eleven Dash Platform, you agree to the following terms regarding your responsibility for compliance: 

Refrain from Handling PHI: You will not use the Platform for handling, storing, or transmitting PHI or any other information that is subject to privacy laws such as HIPAA or the Health Information Technology for Economic and Clinical Health (HITECH) Act. 

Compliance with Applicable Laws: You are responsible for ensuring that all activities conducted via the Platform comply with the relevant data protection laws and privacy regulations that apply to your business, including HIPAA and similar state and federal laws. 

Indemnification and Liability: You accept full responsibility for any misuse of the Platform and agree to indemnify, defend, and hold harmless Eleven Dash, its affiliates, employees, and agents from any claims, liabilities, or damages arising from your failure to comply with applicable laws and regulations. 

4.2. Data Ownership and Security 

You retain ownership of any data you upload or input into Eleven Dash. You are solely responsible for the legality, accuracy, and content of that data. Eleven Dash does not take responsibility for the handling, storage, or processing of PHI or any other sensitive data.

4.3 Liability Exclusion for Non-Compliant Use 

You acknowledge and agree that any use of the platform that involves PHI, despite the platform’s non-HIPAA-compliant status, is at your own risk. Eleven Dash is not liable for any legal consequences, fines, or damages resulting from HIPAA violations or misuse.

4.4 Indemnification Clause 

You agree to indemnify, defend, and hold harmless Eleven Dash and its affiliates from any claims, demands, losses, liabilities, costs, expenses (including reasonable attorney fees), and damages resulting from your misuse of the platform, including violations of HIPAA or any other applicable privacy law.

4.5 Liability for Misuse 

Any breach of this agreement, including the unlawful use of Eleven Dash for activities involving PHI, may result in legal action, including fines, penalties, and reputational harm. You agree to bear all liability and consequences for any such misuse.

5. Recommendations for Compliance 

If your business operations involve PHI, we recommend: 

Using a HIPAA-compliant platform specifically designed for handling PHI. 

Consulting with a legal or compliance professional to ensure adherence to HIPAA regulations and other relevant laws. 

Limiting Eleven Dash usage to functions unrelated to PHI.

5.1 Use of HIPAA-Compliant Platforms 

If your business involves the handling of PHI or other sensitive health-related information, Eleven Dash recommends that you utilize a HIPAA-compliant platform that meets the technical, administrative, and physical safeguards required for healthcare data management. 

5.2 Consultation with Legal Professionals 

To ensure full compliance with HIPAA and other applicable privacy laws, we recommend that healthcare providers consult with legal or compliance professionals before using Eleven Dash in any capacity related to PHI or medical information. 

5.3 Breach Reporting and Cooperation 

In the event of a data breach or unauthorized access involving PHI, you must immediately notify Eleven Dash. You are responsible for complying with breach notification laws and taking remedial actions. Eleven Dash will cooperate with you in investigating and resolving such incidents, but it is your responsibility to ensure compliance with applicable breach notification laws.

5.4 Restricting Eleven Dash Use 

We advise that you limit your use of Eleven Dash to activities that are unrelated to PHI, and restrict access to the Platform by users who may be handling sensitive medical data.

6. Future Updates 

We are committed to continuously reviewing the Eleven Dash platform to ensure it meets evolving regulatory requirements. While Eleven Dash is not currently HIPAA-compliant, we will notify users of any changes to our compliance status or updates that might affect your use of the platform.

6.1 Commitment to Compliance 

Eleven Dash is committed to continuously evaluating and improving its platform. While the platform does not currently comply with HIPAA standards, we are exploring the potential for future updates and enhancements that would enable HIPAA-compliant features. 

6.2 Notification of Changes 

Should Eleven Dash become HIPAA-compliant or otherwise undergo changes that affect its compliance status, users will be promptly notified via email and through updates to this Notice. 

 

7. Acknowledgment 

By accessing or using the Eleven Dash platform, you acknowledge that you have read and understood this notice and agree to use the platform in accordance with its limitations regarding HIPAA compliance.

7.1 User Agreement 

By accessing or using Eleven Dash, you confirm that you have read, understood, and agreed to the terms and conditions of this Non-HIPAA Compliance Notice. You agree to comply with all limitations on the use of the Platform, including those related to PHI and other sensitive data.

7.2 No Waiver of Rights 

Eleven Dash reserves the right to modify or amend this Notice at any time. Any modifications will be posted on the website, and the "Last Updated" date will reflect the most recent changes. Your continued use of the Platform constitutes acceptance of any updated terms.

8. User Education and Resources 

We encourage users, especially healthcare providers, to educate themselves on HIPAA and applicable privacy laws. Resources from the U.S. Department of Health and Human Services (HHS) and industry associations can provide valuable information. We recommend consulting with a legal or compliance professional to ensure full compliance with HIPAA.  

9. Acknowledgment Mechanism 

To proceed with using the Eleven Dash platform, users must confirm their understanding and acceptance of this Non-HIPAA Compliance Notice. This may be done via an electronic acknowledgment mechanism (e.g., checkbox, digital signature) before accessing the platform.  

10. Contact Information

For any questions, concerns, or requests regarding these Terms of Service or your use of the Services, please contact us using the following information:

Eleven Dash LLC

6160 SW Highway 200

Suite 110

Ocala FL, 34476

contact@elevendash.com

1 (877) 220 0654

You can also reach us through our customer support portal on our website or by using the contact form available in your account dashboard. We strive to respond to all inquiries as promptly as possible and appreciate your feedback.