Kivira Patient App Terms and Conditions

  • Effective date: 2025-12-24
  • Last updated: 2026-07-17

    • These Terms govern the patient mobile application and related services (the “App”) provided by Kivira Axis Inc. (“Kivira,” “we,” “us,” or “our”).

    1. Acceptance of Terms

    By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

    2. Relationship to Your Clinic

    Kivira sells its services to clinics, hospitals, and other healthcare providers (each, a “Customer” or “Clinic”). Your Clinic may invite you to use the App and may control certain settings and data flows. Your use of the App is governed by these Terms as a legal agreement between you and Kivira, and it may also be subject to your Clinic’s policies and notices.

    3. Eligibility

    The App is intended only for individuals who are 18 years of age or older. The App is not intended for people under 18.

    4. What the App Does

    The App supports patient intake and screening, and, where enabled by your Clinic, integration with electronic health records (“EHR”) and related systems (for example via SMART on FHIR, HL7, or similar methods).

    Depending on Clinic configuration, the App may allow you to:

    Features vary by Clinic and may change over time. Clinician-facing reports are not automatically released to you by Kivira; your clinician or Clinic determines whether, when, and how to share them with you.

    5. Clinical Decision Support Only

    The App may use software algorithms, including AI-assisted methods, to analyze assessment responses and generate outputs such as summaries, screening insights, safety-screening notes, guideline references, or "conditions to consider" for your healthcare provider. These outputs are designed to support human decision-making and do not replace clinical judgment.

    Your clinician remains responsible for all clinical decisions, including diagnosis, treatment, prescribing, safety planning, billing, and whether any report or output should be shared with you. Kivira does not diagnose you, treat you, prescribe medication, provide medical advice, or decide what care you should receive.

    6. Not for Emergencies, No Real Time Monitoring

    The App is not an emergency service and does not provide continuous or real time monitoring. If you are experiencing a medical emergency or are in immediate danger, call 911 (or your local emergency number) or go to the nearest emergency department.

    7. Safety Alerts and Crisis Resource Emails

    If your responses indicate possible risk of self-harm, the App may route a report, notification, or visibility indicator to your healthcare provider or Clinic according to your Clinic’s configuration and workflow. In addition, where enabled by your Clinic or Kivira workflow, we may send an email or SMS to the contact information associated with your account containing crisis hotline numbers and other support resources.

    These notifications, emails, SMS messages, and resources are informational safety support only. They are not emergency care, are not continuously monitored, and are not guaranteed to be immediate. If you are in immediate danger, call 911 (or your local emergency number) or go to the nearest emergency department.

    8. Consent to Electronic Communications

    By providing or confirming your email address or phone number and using the App, you consent to receive electronic communications from Kivira related to your use of the Services, including account and security messages, service notices, invitations, reminders, and safety-related resource messages (such as crisis-resource emails or SMS messages when risk indicators are present).

    You are responsible for providing accurate contact information and updating it if it changes. Message frequency may vary based on your use of the App, your Clinic’s configuration, and safety-related events.

    We design SMS messages to be limited and service-related, and not to include detailed clinical results or diagnosis information. SMS and email are not emergency communication channels and should not be used to request urgent help.

    You may be able to opt out of certain non-essential communications, but we may still send communications that are necessary for safety, security, legal compliance, or core service operation as permitted by law.

    9. Invitations, Accounts, and Authentication

    You may access the App through one of the following routes:

    You are responsible for maintaining the confidentiality of your device and credentials and for all activity conducted through your account.

    10. EHR Integration, Authorization, and Tokens

    Where enabled, EHR integrations share and receive data based on authorization and Clinic configuration. For Epic SMART on FHIR, Epic may issue access tokens (and, if enabled, refresh tokens) that allow the App to access permitted Epic FHIR APIs. The scope of accessible data depends on your authorization and your Clinic’s settings, and may include information such as demographics, medications, allergies, diagnoses, prior relevant history, and other data needed to support intake, screening, and clinician review.

    11. Your Responsibilities and Acceptable Use

    You agree to:

    You may not:

    12. Privacy, HIPAA, and Data Use

    Your use of the App is also governed by Kivira’s Privacy Policy: Kivira Privacy Policy.

    The Services may process information that can be considered health information or sensitive information, such as mental health assessment responses. When Kivira processes protected health information for a healthcare provider that is subject to HIPAA, Kivira acts as a HIPAA Business Associate under a business associate agreement with that provider. Some website, account, support, or direct interactions may not be protected health information under HIPAA, but Kivira still protects that information as described in the Privacy Policy and applicable law.

    13. Use for Improvement and Research

    Kivira may use information as described in the Privacy Policy to provide and operate the Services, support clinical workflows, improve and maintain the Services, support security and fraud prevention, and comply with legal obligations.

    Kivira may also use de-identified, pseudonymized, limited, or aggregated data to refine and evaluate its algorithms, improve the Services, and support research projects and cohort analyses with partners, where permitted by law, Clinic arrangements, and any consent or authorization requirements that apply. De-identified data is intended not to identify you. Pseudonymized or limited data is not the same as de-identified data and may remain subject to HIPAA, contractual, privacy, and security safeguards. Kivira does not permit service providers to use your identifiable health information to train their general-purpose models except where expressly permitted by applicable law, contracts, and required authorizations.

    14. Data Retention and Deletion

    Kivira retains information for as long as needed to provide the Services and for legitimate business purposes such as security, compliance, dispute resolution, and audit requirements. Retention periods can vary based on the type of data, Customer configuration, and legal and regulatory obligations.

    If you request account deletion, Kivira may delete or de-identify certain information, but some data may be retained in secure archives as required for compliance and regulatory obligations, including HIPAA related requirements.

    15. Fees

    The App is provided free to patients. Your Clinic pays Kivira for the service.

    16. Intellectual Property

    The App and its content, software, and branding are owned by Kivira or its licensors and are protected by intellectual property laws. Kivira grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for its intended purpose, subject to these Terms.

    17. Disclaimers

    THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVIRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    18. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVIRA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVIRA’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP WILL NOT EXCEED USD 100.

    19. Changes and Updates

    We may modify, suspend, or discontinue the App or any feature. We may update these Terms from time to time. If changes are material, we will provide notice through the Services or by other reasonable means. Continued use after an update means you accept the updated Terms.

    20. Termination

    You may stop using the App at any time. We may suspend or terminate your access if your Clinic disables the App, if we believe your use violates these Terms or poses a security risk, or if we are required to do so by law or Clinic directive.

    21. Governing Law and Venue

    These Terms are governed by the laws of the State of New York, excluding conflict of law rules. Any dispute arising from these Terms or the App will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to their jurisdiction.

    22. Contact

    Kivira Axis Inc.
    33 W 17th St
    New York, NY 10011
    Email: hello@kivira.health