Terms of Service
About these terms
These Terms of Service ("terms") govern the services we provide to clients, including custom clinic websites, marketing and growth services, the Health Hue Hub platform, and Hue AI automation (together, the "services").
They are a summary. What we deliver to you, on what timeline, and at what price is set out in the order form, proposal, or written agreement you sign with us (your "service agreement"). Where these terms and your service agreement differ, your service agreement governs.
Use of this website is governed separately by our Terms and Conditions, and personal information by our Privacy Policy. Where we handle protected health information, our HIPAA and PHI Practices page applies as well.
1. Who you are contracting with
The services are provided by Health Hue Inc., which operates as Health Hue Digital ("Health Hue," "we," "us," or "our"). The entity named on your service agreement is the party you contract with, and that entity alone is responsible for performing the services.
We serve clients in both the United States and Canada. Your service agreement states the governing law and venue for your engagement. Where it does not, Section 12 applies.
2. The services
Your service agreement defines your scope. Descriptions on this website, in proposals, and in case studies are illustrative of the kind of work we do; they are not themselves a commitment to deliver any particular scope, feature, or outcome.
We may improve, change, or replace components of the services and the underlying platform over time.
3. Your responsibilities
You agree to give us accurate information about your practice, providers, credentials, services, and pricing, and to tell us when it changes; to provide the access we need and keep your own credentials secure; to review and approve work within the timeframes in your service agreement; to hold the licences, registrations, and insurance your practice requires; and to use the services lawfully, including under applicable anti-spam law.
You are responsible for the clinical and factual accuracy of anything you approve for publication, including claims about treatments, credentials, pricing, and outcomes.
4. Your content and consents
You keep ownership of what you give us. You grant us a licence to use those materials to provide the services for as long as we are providing them.
You confirm you hold the rights to the materials you supply, and that any patient photograph, testimonial, or story has the consents and releases the law requires. We publish patient imagery and testimonials only where you have confirmed they are cleared.
5. Fees, term, and cancellation
Fees, billing cycle, term, renewal, and notice periods are set out in your service agreement. Advertising spend is separate from our fees, is paid to the advertising platforms, and is your cost. Fees exclude applicable taxes.
Either party may terminate for material breach that is not cured within 30 days of written notice. We may suspend the services where an invoice is materially overdue after notice, where continuing would breach the law or a platform's policies, or where suspension is necessary to address a security risk.
On request we will export your data in a commonly used format. Protected health information is not withheld over a billing dispute. Only non-PHI data and materials may be withheld pending payment of undisputed amounts due.
6. Ownership of what we build
On payment in full, ownership of the custom deliverables we build specifically for you vests in you, including your website's source code, design files, written content, images we produce for you, and the search-optimised pages built for your practice. Where your service agreement provides for prepayment in full, ownership vests as that agreement specifies.
We keep ownership of what we bring to the work: our pre-existing materials, methods, frameworks, component libraries, and the Health Hue Hub platform. You have a licence to use those as part of the services for the duration of your engagement. Third-party assets licensed on your behalf remain subject to their own terms.
7. Protected health information and privacy
Where we handle protected health information on behalf of a client that is a HIPAA covered entity, we act as that client's Business Associate and enter into a Business Associate Agreement before any PHI is handled. Our HIPAA and PHI Practices page describes that role. For Canadian clients, equivalent obligations apply under PIPEDA and applicable provincial health-information legislation.
Please do not send PHI through channels we have not designated for it, including general email and the contact forms on this website.
8. Results and platform policies
We do not guarantee specific results. Rankings, lead volume, booking rates, advertising returns, and revenue depend on factors outside our control, including your market, your pricing, and your capacity to answer and convert enquiries. Results described in our case studies are specific to those clients and are not a prediction of yours.
Advertising and listing platforms set their own policies, and health categories carry additional restrictions. A platform's decision to restrict, suspend, or disapprove an account or an advertisement is not a breach of these terms by us.
9. Confidentiality
Each party will use the other's confidential information only for the engagement, protect it with at least reasonable care, and disclose it only to those who need it and are under equivalent obligations. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law. These obligations survive the engagement.
10. Disclaimers and limitation of liability
We will perform the services with reasonable skill and care. Except as expressly stated in these terms or your service agreement, and to the fullest extent permitted by law, the services are provided "as is" and we disclaim all other warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Except where your service agreement states otherwise, each party's total aggregate liability arising out of or relating to the services will not exceed the fees you paid us in the twelve months before the event giving rise to the claim.
Nothing here limits liability that cannot be limited by law, or a party's obligations under an executed Business Associate Agreement.
11. Indemnification
You will defend and indemnify us against third-party claims arising from the materials and instructions you give us, from claims about your practice that you approved, from your use of the services in breach of these terms, and from your failure to obtain patient consents or to meet the regulatory requirements applicable to your practice.
We will defend and indemnify you against third-party claims that a deliverable we created for you infringes that party's intellectual property rights, excluding claims arising from materials you supplied or from your modification of a deliverable after delivery.
12. Governing law and disputes
The governing law and venue stated in your service agreement apply. Where your service agreement is silent, these terms are governed by the laws of the State of Florida for engagements with our United States operations, and by the laws of the Province of Ontario and the federal laws of Canada applicable there for engagements with our Canadian operations, in each case without regard to conflict-of-law principles, and the courts of that jurisdiction have exclusive jurisdiction.
Before starting proceedings, both parties agree to raise the dispute in writing and to attempt in good faith to resolve it for 30 days.
13. Changes to these terms
We may update these terms from time to time. Changes take effect when posted, and the "last updated" date above reflects the most recent revision. The terms of your signed service agreement continue to prevail over these terms for the services it covers.
14. Request the full terms
This page is a summary. Our full service agreement, Business Associate Agreement, subprocessor schedule, security overview, and certificate of insurance are available to clients and to prospective clients on request, under a mutual non-disclosure agreement where appropriate.
- Email: info@healthhue.com
- Phone: +1 (647) 795-1440
- Mail: Health Hue Inc., 701 N Andrews Ave, Fort Lauderdale, FL 33311, United States
