Terms of Use & Telehealth Consent
Last Updated: January 20, 2026
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
These Terms of Use and Telehealth Consent (“Terms”) govern your access to and use of the websites, mobile applications, patient portals, and related services (collectively, the “Platform”) operated by Breathable, LLC (the “Company,” “we,” “us,” or “our”).
By accessing or using the Platform, creating an account, scheduling services, or clicking “I Agree,” you acknowledge that you have read, understand, and agree to be bound by these Terms.
If you do not agree, do not use the Platform.
1. THE PLATFORM; NO MEDICAL PRACTICE
The Platform provides administrative, technology, care-coordination, and marketplace services that facilitate access to licensed healthcare professionals (“Providers”) who independently provide telehealth services.
The Company does not practice medicine, therapy, or pharmacy, and does not provide medical, mental health, diagnostic, or prescribing services.
All clinical services are provided solely by independent Providers, who are not employees, agents, or representatives of the Company.
2. INDEPENDENT PROVIDERS; ASSUMPTION OF RISK
Providers are independent professionals solely responsible for:
- Medical judgment
- Diagnosis and treatment decisions
The Company:
- Does not supervise or control Providers’ clinical decisions
- Makes no representations or warranties regarding Provider training, skill, or outcomes
- Is not liable for professional advice, treatment, or services rendered by Providers
You acknowledge that:
- You rely on Providers at your own risk
- You assume full responsibility for decisions made in consultation with a Provider
- Provider services do not replace your primary care provider unless expressly stated
3. NOT FOR EMERGENCIES
The Platform is not for emergency care.
If you are experiencing:
- A medical emergency
- Suicidal ideation
- Imminent risk of harm
Call 911, your local emergency number, or go to the nearest emergency room immediately.
4. ELIGIBILITY
By using the Platform, you represent that you:
- Are 18 years or older, or a minor with parent/legal guardian involvement
- Are located in a jurisdiction where the Provider is licensed
- Are legally able to consent to services
5. TELEHEALTH CONSENT & ACKNOWLEDGMENTS
By using the Platform, you knowingly and voluntarily consent to telehealth services and acknowledge that:
- Telehealth involves audio, video, electronic messaging, mobile health tools, portals, and electronic records
- Telehealth may not be appropriate for all conditions
- Technical failures may impact care or communications
- Your health information (including PHI) will be transmitted, stored, and reviewed electronically
- Telehealth increases access but carries risks, including data interruption or loss
You understand that:
- You may withdraw consent to telehealth at any time, which may terminate services
- You are responsible for providing complete and accurate medical information
- Misrepresentation may result in unsafe or unnecessary treatment
You affirm that:
- All known conditions, allergies, medications, and supplements have been fully disclosed
- You have had the opportunity to ask Providers questions
- You consent to reasonable examinations, testing, and treatment
6. AI USE IN TELEHEALTH SERVICES
Use of Artificial Intelligence and Automated Tools
The Company may use artificial intelligence (“AI”), machine learning, and other automated tools as part of its administrative, operational, and clinical support services. These technologies may be used for purposes including, but not limited to:
- Scheduling, intake, eligibility verification, and care coordination
- Documentation assistance, transcription, and summarization of clinical encounters
- Clinical decision-support tools that assist licensed healthcare providers
- Quality assurance, utilization review, and operational analytics
- Patient communications and educational support
AI tools used by the Company do not independently provide medical advice, diagnoses, or treatment, and do not replace the independent clinical judgment of licensed healthcare providers. All medical decisions, diagnoses, prescriptions, and treatment plans are made solely by licensed healthcare professionals.
Certain features of the Services may involve the use of automated or AI-assisted technologies. While these technologies may support efficiency, quality, and access to care, they are not a substitute for professional medical judgment. Patients are encouraged to ask questions and raise concerns regarding any aspect of their care, including the use of AI-enabled tools. By using the Services, you acknowledge and consent to the Company’s use of AI-enabled tools as described herein, subject to applicable law and the Company’s Privacy Practices.
7. PATIENT DATA & HIPAA-ALIGNED SAFEGUARDS
Data Use, Privacy, and Security
AI tools used by the Company may process personal information and protected health information (“PHI”) in accordance with applicable privacy laws, including the Health Insurance Portability and Accountability Act (“HIPAA”), where applicable.
The Company represents that:
- AI vendors and tools are subject to appropriate contractual safeguards, including Business Associate Agreements where required
- PHI is not used to train public or general-purpose AI models
- AI tools are configured to limit access to PHI to authorized purposes only
- Reasonable administrative, technical, and physical safeguards are maintained
For additional information regarding how your information is used and protected, please review the Company’s Notice of Privacy Practices.
8. LIMITATIONS & RISK DISCLOSURE
Limitations of AI Tools
You acknowledge that:
- AI-enabled tools may generate suggestions, summaries, or analyses that are incomplete, inaccurate, or based on limited information
- AI outputs are reviewed and interpreted by qualified personnel but are not infallible
- AI tools may evolve over time and may change in functionality
The Company makes no guarantees regarding the accuracy or completeness of AI-generated outputs and disclaims liability to the fullest extent permitted by law for errors arising from reliance on AI-assisted tools, except where prohibited by applicable law.
9. FEES & PAYMENT
Fees may include:
- Provider professional fees
- Administrative or platform fees
All fees are disclosed prior to purchase and are generally non-refundable, except as required by law or stated in our Refund Policy.
The Company may collect payments on behalf of Providers and for administrative services.
10. Important Pricing Information
The total price you pay through Breathable includes: (1) the fee charged by your licensed therapist which is paid to your licensed therapist through the Breathable platform, and (2) certain administrative and platform service fees charged for use of the Breathable platform.
These administrative fees may include:
Matching you with a licensed therapist
Scheduling, billing, and payment processing
Secure technology, communications, and record management
Customer support and platform operations
Credentialing, background screening, and human resources
Payroll administration and payroll platform
Administrative and platform service fees are not intended to cover the costs of any clinical or therapeutic services you receive, are not paid to your therapist, and are considered separate from the fees you pay for the professional services provided by your therapist, even though they are included in the overall price you pay.
Your therapist is an independent, licensed professional who sets his/her own professional fee for therapy services. The platform serves only as a “pass-through” for any professional fees, which are paid to your therapist through the platform.
If you have questions about pricing or how fees are allocated, please contact our support team at info@livebreathable.com.
11. ELECTRONIC COMMUNICATIONS
You consent to receive communications electronically, including:
- Text messages
- In-app notifications
Electronic signatures and records satisfy legal writing requirements.
Carrier message and data rates may apply.
12. PRIVACY & HEALTH INFORMATION
Your use of the Platform is subject to:
- Our Web & Mobile Privacy Policy
- Our HIPAA Notice of Privacy Practices, where applicable.
These policies are incorporated by reference.
13. INFORMATION WE COLLECT
We may collect:
- Personal identifiers
- Health and treatment information
- Payment information
- Technical and usage data
- Communications, surveys, and analytics
14. HOW WE USE INFORMATION
Information is used to:
- Provide and personalize services
- Facilitate Provider care
- Process payments
- Improve Platform performance
- Ensure security and compliance
- Conduct analytics and permitted marketing
15. DISCLOSURES OF INFORMATION
Information may be disclosed to:
- Providers
- Pharmacies
- Service vendors
- Business successors
- Legal authorities
- Others with your consent
16. YOUR HIPAA RIGHTS
You have rights to:
- Access
- Amend
- Request restrictions
- Receive an accounting
- Confidential communications
See our HIPAA Notice for details.
17. ACCOUNT SECURITY & ACCEPTABLE USE
You agree to:
- Maintain accurate account information
- Protect login credentials
- Use the Platform lawfully
You may not:
- Access systems without authorization
- Scrape or automate access
- Upload harmful or false content
- Harass Providers or users
18. INTELLECTUAL PROPERTY
All Platform content is owned or licensed by the Company and protected by law.
No commercial use is permitted without written consent.
19. LINKS TO THIRD-PARTY SITES
We are not responsible for third-party websites or their practices.
20. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE COMPANY IS NOT LIABLE FOR PROVIDER SERVICES OR CLINICAL OUTCOMES
- NO INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
TOTAL LIABILITY SHALL NOT EXCEED AMOUNTS PAID TO THE COMPANY IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.
22. INDEMNIFICATION
You agree to indemnify and hold harmless the Company from claims arising from your use of the Platform or violation of these Terms.
23. ARBITRATION & CLASS ACTION WAIVER
Any dispute shall be resolved by binding individual arbitration under AAA rules.
- No class actions
- Arbitration venue: Michigan, unless required otherwise
24. GOVERNING LAW
These Terms are governed by the laws of the State of Michigan, without conflict-of-laws principles.
25. FORCE MAJEURE
The Company is not liable for events beyond reasonable control.
26. TERMINATION
We may suspend or terminate access at any time.
Provisions that should survive termination shall survive.
27. CHANGES TO TERMS
We may update these Terms at any time. Continued use constitutes acceptance.
28. CONTACT INFORMATION
Breathable, LLC
43312 Woodward Avenue #1331
Bloomfield Hills, Michigan
info@livebreathable.com