Terms of Service
Last updated: June 10, 2026
Dua Health Group PLLC, a Texas professional limited liability company, and its affiliated management services organization, Dua Health, Inc. (collectively, “Dua Health,” “we,” or “us”), provide this online platform (the “Platform”), along with our related websites, including the websites we operate under our brands, subject to the terms, conditions, and notices set forth below (this “Agreement”).
DO NOT USE THIS SERVICE (i) IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY; (ii) IF YOU ARE THINKING ABOUT SUICIDE OR CONSIDERING ACTIONS THAT MAY CAUSE HARM TO YOURSELF OR OTHERS; OR (iii) IF YOUR HEALTHCARE PROVIDER HAS ADVISED AGAINST YOUR PARTICIPATION.
IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IF YOU ARE IN DANGER OR EXPERIENCING A MEDICAL EMERGENCY. IF YOU ARE IN A MENTAL HEALTH CRISIS, CALL OR TEXT 988.
Dua Health reserves the right to limit or terminate your use of the Platform if you fail to comply with this Agreement. Please review this Agreement carefully. Dua Health may revise it at any time by updating the website or Services. By continuing to access or use the Platform after revisions are posted, you accept the revised Agreement.
Relationship to your signed consents. If you sign separate consent forms with us (such as a Consent to Treatment, Telehealth Consent, Assignment of Benefits, or financial agreement), those signed forms govern your clinical care and control over any conflicting provision in this Agreement.
1. Your Responsibilities
1.1 Online Health Records
Through the Services, Dua Health grants you access to portions of your personal health record and the ability to communicate with Dua Health and your licensed provider through the Platform. You are responsible for any information you choose to share through the Platform. Because administrative and support staff may help handle your communications, do not use the Platform for information you wish to share only with your licensed provider during a session.
1.2 Electronic Communications
By using the Platform or Services, you agree that:
You have opted into a service that enables electronic interaction with your Dua Health licensed provider (the “Provider”).
By using the Platform and consenting to receive emails, texts, and other electronic communications, you acknowledge that Dua Health may transmit certain portions of your protected health information (“PHI”), as defined under HIPAA, electronically.
Electronic interaction with your Provider should never be used for emergency or urgent matters.
Dua Health and your Provider may send you secure messages, which may include confidential medical information.
The security of your PHI depends in part on your selecting a strong password and safeguarding your login credentials.
While Dua Health takes commercially reasonable steps to secure your information, no platform can guarantee absolute security, and electronic communication carries certain risks (such as unauthorized access or system failure) that you should consider before use.
2. Services
2.1 Available Services
Subject to this Agreement, the Platform may be used to sign up and pay for therapy sessions, classes, or other services provided by licensed providers affiliated with Dua Health Group PLLC or other professional groups designated by Dua Health, Inc.. You may also complete questionnaires and engage in recommended therapeutic activities. These offerings, together with the Platform, are the “Services.”
YOU ACKNOWLEDGE THAT DUA HEALTH, INC. DOES NOT ITSELF PROVIDE MEDICAL OR THERAPEUTIC SERVICES, ADVICE, OR DIAGNOSES VIA THE PLATFORM, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY SUCH SERVICES OR ADVICE OBTAINED THROUGH THE PLATFORM. NO INFORMATION MADE AVAILABLE THROUGH THE PLATFORM SHOULD BE INTERPRETED AS A RECOMMENDATION THAT ANY PARTICULAR THERAPY, INTERVENTION, MEDICATION, OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
Clinical care, advice, and diagnoses are provided in person, via telehealth, or by telephone by a licensed provider affiliated with Dua Health Group PLLC.
2.2 Modification of Services
Dua Health may change, add, or remove features of the Services or Platform at any time, and may suspend or discontinue the Services, temporarily or permanently, without liability for the modification itself. This does not affect your rights to your health records under applicable law or your signed consents.
2.3 Limitations and Disclaimers
CALL 911 AND CONTACT EMERGENCY SERVICES IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, HAVING THOUGHTS OF SUICIDE, CONSIDERING ACTIONS THAT COULD HARM YOURSELF OR OTHERS, OR BELIEVE YOU OR ANOTHER PERSON MAY BE IN DANGER.
3. Your Use of Services
3.1 Access
Conditioned on your compliance with this Agreement, Dua Health grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of this Agreement, on a device that meets the technical requirements to operate the Services.
3.2 Text and Electronic Communications
Your wireless carrier’s standard messaging and data rates may apply. Some features may be restricted by your device or carrier. You agree Dua Health may communicate with you via SMS, MMS, or other electronic messages where you have provided the necessary consent. If you change or deactivate your mobile number, promptly update your account.
3.3 Permitted Uses and Restrictions
You may use the Services only for their intended purposes. You agree not to:
Share your username or password or allow others to access the Services through your account.
Sell, license, sublicense, rent, lease, or commercially exploit the Services.
Transmit unlawful, defamatory, or infringing material.
Distribute malware, viruses, or malicious code.
Disrupt, degrade, or interfere with the integrity or performance of the Services.
Attempt unauthorized access to the Platform or its infrastructure.
Copy, reproduce, or create derivative works of, or reverse engineer, any part of the Services.
Monitor, benchmark, or copy the Services for competitive purposes.
Use automated tools to scrape or collect information from the Services.
Remove any proprietary notices or marks from the Services.
Publish or distribute training materials provided by Dua Health without consent.
3.4 Availability
Dua Health will use reasonable efforts to maintain availability of the Services, but temporary interruptions may occur due to maintenance, upgrades, technical issues, or events beyond our control.
4. Privacy
All information collected through the Services is subject to our Privacy Policy, available at www.duahealth.co/privacy-policy, which is incorporated into this Agreement. Protected health information is handled by Dua Health Group PLLC under its Notice of Privacy Practices. By using the Services, you consent to the data practices described in the Privacy Policy.
5. Your Feedback
If you provide suggestions, comments, or other feedback (“Feedback”) about the Services, you agree Dua Health may freely use and commercialize it on a royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable basis. Dua Health is under no obligation to implement any Feedback.
6. Registration
6.1 Registering Your Account
To access certain features, you must register for an account (“Account”) by completing the sign-up process.
6.2 Registration Data and Eligibility
When registering, you agree to provide true, accurate, current, and complete information and to keep it updated. You represent and warrant that you are legally capable of entering into this Agreement, are not prohibited from using the Services under applicable law, and that you are either:
at least eighteen (18) years old; or
the parent or legal guardian of a minor for whom you are creating and managing the Account and providing consent, to the extent permitted under Texas law.
7. Content
7.1 Your Responsibilities
“Content” means any data, information, or materials you provide to Dua Health via the Services. You are solely responsible for your Content, for keeping your credentials secure, for the legality and accuracy of your Content, and for promptly reporting any unauthorized account access. You represent that you have the rights to submit your Content and that it complies with applicable law and does not infringe any third party’s rights.
7.2 Use of Content by Dua Health
By submitting Content, you grant Dua Health a royalty-free, non-exclusive, worldwide, transferable license to use, store, reproduce, distribute, and share the Content as necessary to deliver the Services, including with service providers who support the Services.
7.3 No Obligation to Monitor
Dua Health is not obligated to monitor or pre-screen Content but reserves the right to review, edit, remove, or refuse any Content at its discretion.
8. Support Services
Dua Health is not obligated to provide technical support or maintenance. Support may be offered at our discretion with no guarantee of availability or resolution time.
9. Assignment of Benefits; Fees and Payment
9.1 Assignment of Benefits
If you are entitled to benefits under any insurance policy or health benefit plan (a “Health Plan”), you assign to Dua Health Group PLLC the rights and benefits payable under the Health Plan for Services rendered to you, including the right to receive payment directly. You authorize Dua Health Group PLLC to act as your authorized representative for claims, appeals, and communications necessary to secure payment. This does not relieve you of financial responsibility. If you receive insurance payments directly, you agree to forward them to Dua Health Group PLLC.
You also authorize Dua Health Group PLLC to communicate with your Health Plan, submit and appeal claims, access documents related to your coverage and reimbursement, and pursue claims under ERISA or other applicable law, including recovering reasonable attorney fees and costs.
9.2 Fees and Payment Method
By providing a payment method ("Payment Method"), you authorize Dua Health Group PLLC to charge it, including through Dua Health, Inc. and third-party payment processors acting on its behalf, for (i) the full cost of Services (plus applicable taxes) in advance if you do not use insurance, and (ii) any deductibles, co-pays, co-insurance, or other amounts not covered by your Health Plan if you do. We use third-party payment processors and you agree to their terms.
If your Payment Method fails, your access may be suspended, and you remain responsible for updating it and resolving any balance. Except where a refund is required by law, by your Health Plan, or to return overpayments or credit balances, fees for Services rendered are nonrefundable.
10. Collection and Use of Data
Dua Health may compile statistical and performance information about the use and functionality of the Services and use it for internal analytics, research, development, and business optimization (“Service Analyses”). Dua Health may use or disclose Service Analyses for any lawful purpose provided they do not identify you or any individual. Other data is handled as described in the Privacy Policy.
11. Record Retention
Dua Health may collect, retain, and use Content you submit to operate the Services, and may access, preserve, and disclose it where reasonably necessary to comply with legal obligations, enforce this Agreement, prevent fraud or security issues, respond to support inquiries, or protect the rights and safety of Dua Health, its users, and the public. Clinical records are retained as required by applicable Texas and federal law.
12. Ownership
12.1 Services
All intellectual property rights in the Services (including software, design, branding, and interfaces) are and remain the exclusive property of Dua Health. You receive only a limited, revocable license. You may not use Dua Health’s name, logos, or trademarks without prior written consent.
12.2 Content
You retain ownership of your Content, subject to the limited license in Section 7.2.
13. Term and Termination
13.1 Termination Rights
This Agreement remains in effect while you use the Services. You may terminate your Account at any time. Dua Health may suspend or terminate your access at any time, including for violation of this Agreement. Upon termination, your right to use the Services ceases. Dua Health will not be liable for termination or deletion of data except as required by law and your signed consents.
13.2 Survival
Provisions that by their nature survive termination (including ownership, indemnity, disclaimers, and limitations of liability) will continue to apply.
14. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. DUA HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Dua Health does not guarantee that the Services will be uninterrupted, error-free, or free of vulnerabilities. This Section applies to the Platform and Services, and does not limit any rights you have regarding clinical care provided by your Provider.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUA HEALTH WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. DUA HEALTH’S TOTAL LIABILITY FOR ALL DAMAGES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE MONTH PRECEDING THE CLAIM.
Nothing in this Section limits liability that cannot be limited under applicable law, including liability relating to clinical care provided by your Provider.
16. Indemnification
You agree to indemnify and hold harmless Dua Health and its affiliates, officers, directors, agents, employees, and contractors from third-party claims arising out of (a) your misuse of the Services, (b) your violation of this Agreement, (c) an allegation that your Content or Feedback infringes a third party’s rights, or (d) an allegation that your use of the Services violates applicable law.
17. Governing Law
This Agreement, and any dispute or claim arising out of or relating to it (including non-contractual disputes), is governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Venue for any matter not subject to arbitration lies in the state or federal courts located in Travis County, Texas.
18. Not for Use Outside the United States
Dua Health makes no representation that the Services are appropriate or available for use outside the United States. If you access the Services from outside the U.S., you do so at your own risk and are responsible for compliance with local law.
19. Dispute Resolution and Arbitration
19.1 Applicability
You agree that any dispute or claim relating to your use of the website or Services, or to your relationship with Dua Health, will be resolved through binding arbitration, not court, except:
you may assert qualifying claims in small claims court;
either party may seek equitable relief in court for intellectual property infringement; and
health care liability claims (as defined under Texas law) are NOT subject to this arbitration agreement and are governed by applicable Texas law.
19.2 Rules and Forum
The Federal Arbitration Act governs this Section. Arbitration will be administered by JAMS under its Streamlined Rules (claims under $250,000) or Comprehensive Rules (all other claims). The seat of arbitration is Austin, Texas. If you cannot afford the arbitration costs and cannot obtain a waiver, Dua Health will pay them.
19.3 Authority of Arbitrator
The arbitrator has exclusive authority to resolve disputes about the enforceability, interpretation, or scope of this Arbitration Agreement, may award the same individual remedies a court could, and will issue a written decision.
19.4 Waiver of Jury Trial
YOU AND DUA HEALTH WAIVE ANY RIGHT TO A JURY TRIAL FOR CLAIMS SUBJECT TO ARBITRATION.
19.5 Waiver of Class or Collective Actions
All claims must be brought individually and not on a class-wide or representative basis. If this provision is found unenforceable as to a claim, that claim must proceed in court in Travis County, Texas, and all other claims remain subject to arbitration.
19.6 30-Day Right to Opt Out
You may opt out of this Arbitration Agreement within 30 days of acceptance by writing to Dua Health, Inc., 5900 Balcones Drive, Suite 100, Austin, TX 78731, or hello@duahealth.co. Include your full name, mailing address, the email you registered with, and a clear statement that you intend to opt out.
19.7 Severability and Survival
If any part of this Arbitration Agreement is invalid, the rest remains in effect, except as stated for the class waiver above. This Arbitration Agreement survives termination of your relationship with Dua Health.
20. Telehealth
Some Services include a telehealth solution that lets your Provider deliver care online. Dua Health, Inc. is not responsible for your internet connectivity. You acknowledge that your relationship for clinical care is with your Provider and Dua Health Group PLLC, not with Dua Health, Inc.
Your signed Telehealth Consent controls. Before receiving telehealth care, you will be asked to review and sign a separate Telehealth Informed Consent. That signed consent governs your telehealth care and controls over this Section. The summary below is provided for convenience only.
Telehealth has inherent risks, including delays or poor quality from connectivity issues, potential privacy breaches from technology failures, and the possibility that your Provider may not have complete information. Information shared becomes part of your medical record and is subject to applicable privacy protections. Treatment decisions, diagnoses, and prescriptions are at the discretion of the treating Provider.
21. Complete Agreement
This Agreement, together with the documents it incorporates and any consents you sign, is the entire agreement between you and Dua Health regarding your use of the Services and supersedes prior agreements regarding that subject.
22. Modifications to This Agreement
Dua Health may update this Agreement by posting the updated terms. Your continued use after changes are posted constitutes acceptance. If you do not agree to revised terms, your remedy is to discontinue use of the Services.
23. General Communications
Account, system, and Service communications may be provided electronically, and you consent to receive them in electronic form.
24. Miscellaneous
Dua Health’s failure to enforce any provision is not a waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary or disregarded, and the rest of the Agreement remains in effect. You may not assign this Agreement without Dua Health’s prior written consent; Dua Health may assign it. This Agreement does not create a partnership, joint venture, agency, or employment relationship. “Including” means “including without limitation.”
25. Notices
Notices to Dua Health must be in writing and sent by personal delivery, overnight courier, certified mail (return receipt requested), or email with confirmation, to:
Dua Health, Inc.
5900 Balcones Drive, Suite 100
Austin, TX 78731
hello@duahealth.co
26. Questions
Questions about the Services or this Agreement may be directed to hello@duahealth.co.