Terms of service

Fenna answers your inbound calls, your website chat, texts to your number and email to your admissions mailbox. She asks what a caller needs, checks insurance eligibility where you have set that up, rings your on duty staff, and books a callback when nobody takes the call. What she says and the order she says it in comes from the flow we set up with you.

She is software. She is not a clinician, an intake counselor or a call center. She does not diagnose, does not recommend a level of care, and does not decide whether anyone is admitted. Every judgement of that kind stays with your staff.

We change and improve the service over time. We will not remove something you depend on without telling you first.

You are a covered entity. We are your business associate. Before Fenna answers a single call for you, we sign a combined business associate agreement and qualified service organization agreement. That document, not this page, governs how we may use and disclose protected health information and substance use disorder records.

If anything in these terms conflicts with that agreement about patient information, that agreement wins.

We do not own your patient information. We do not sell it. We do not use it to train models for ourselves or for anyone else. We use it to run the service for you and for nothing else, unless your agreement with us says otherwise.

Under 42 CFR Part 2 we acknowledge that we are fully bound by those regulations, and that we will resist in judicial proceedings any effort to obtain patient identifying information without the patient’s consent or a proper court order.

Fenna speaks for you. A few things have to be true on your side for that to be lawful and honest.

• Telling callers the call is recorded. Fenna records and transcribes calls so you have a record of them. Twelve states need every person on the call to agree before that is lawful, California among them, and California lets a caller sue over it. Getting that agreement is your job. Ask us to put the announcement in Fenna’s opening line and we will.
• Telling callers Fenna is AI. Fenna introduces herself as an AI assistant on every channel. Do not ask us to remove that. Some states require it, and it is the right thing to do.
• The facts she states. Your programs, the insurance you take, your hours, your address and the documents you upload are yours. Fenna repeats them as true. Keep them current.
• Your people. Keep your team list accurate, remove people who leave, and do not share logins.
• Lawful use. Do not use Fenna to mislead anyone about who they are talking to, to make claims about treatment outcomes you cannot support, to contact people who have asked you to stop, or to break any law that applies to your facility.

Fenna sends texts in two directions. She alerts your on duty staff when a caller needs a person or a callback is waiting. She replies once to a member of the public who texts your number, and can confirm a callback.

Texts go out from your own number, in your facility’s name, and Fenna says she is an AI assistant in the first message. Message frequency varies. Message and data rates may apply. Anyone can reply HELP for help or STOP to stop, on any message, and STOP stops it immediately and permanently for that number. We also honor quit, cancel, end, unsubscribe and any other clear request to stop.

Fenna replies to someone who texted you first. She does not start conversations with people who have not contacted you, and she does not send marketing texts. If you want to text people who have not reached out to you, that is your campaign and your consent to collect, not ours.

Carriers are not liable for delayed or undelivered messages. Your staff must have agreed to receive operational texts on the numbers you enter, and you are the one who gets that agreement from them.

Accounts are created by invitation. An admin at your facility manages who has one. You are responsible for what happens under your accounts, so treat credentials carefully and tell us at legal@fennahealth.com if you think one has been taken.

We may look at your account to support you, to keep the service running and secure, or where the law requires it. We do not read your conversations for any other reason.

Your order form sets your price. Subscriptions bill monthly in advance through Stripe. Usage past what your plan includes bills in arrears at the rates on your order form.

Fees do not include taxes. Late amounts may carry interest at 1.5% a month or the highest rate the law allows, whichever is lower. If an invoice goes unpaid we will tell you before we suspend anything.

Either of us can end this agreement as your order form allows. Either of us can end it immediately if the other commits a material breach and does not put it right within thirty days of being told.

For thirty days after the end, you can export your conversations, your insurance checks and your facility settings, or ask us to send them to you. After that we delete or return protected health information as the business associate agreement requires, and we delete the rest on the schedule in the privacy policy. Backups age out on their own cycle.

You own your data. That includes your conversations, your recordings and transcripts, your documents, your facility facts and everything Fenna produced while working for you.

We own Fenna. That includes the software, the models and prompts we build, the interface and the brand. Using the service does not transfer any of it to you.

If you send us an idea for the product, we can use it without owing you anything. We will not identify you as the source without asking.

We may count calls, measure how the service performs and study patterns in aggregate to run and improve it. Anything we publish or use outside your account is aggregated and de-identified so that it does not identify you, your facility or any person, and we only do it as far as the business associate agreement permits.

We work hard to keep Fenna answering. We do not promise she will never miss a call. Phone networks, model providers and the internet all fail sometimes, and a caller may say something she handles badly. Keep a way for callers to reach a person.

Fenna writes what she says using language models. She can be wrong. Check anything that matters before you act on it, and do not treat what she says as a clinical or legal opinion.

Insurance eligibility answers come from the payer through a clearinghouse. They tell you what the payer said at that moment. They are not a guarantee of coverage or of payment, and the payer can say something different later.

Except where the law does not allow us to say so, the service is provided as it is, without warranties of any kind, including merchantability, fitness for a particular purpose and non-infringement.

Neither of us is liable to the other for indirect, incidental, special or consequential loss, or for lost profits, revenue, goodwill or data, even if we were told it might happen.

Each side’s total liability under this agreement is capped at what you paid us in the twelve months before the claim arose.

That cap does not apply to your obligation to pay, to either side’s breach of confidentiality, to our obligations under the business associate agreement, or to anything the law does not let us limit.

You will cover us against claims that come from your use of the service in a way these terms do not allow, from the facts you told Fenna to state, or from your failure to get a consent you were responsible for. We will cover you against claims that Fenna infringes someone’s intellectual property.

Delaware law governs this agreement, without regard to its conflict of laws rules. The courts of Delaware have exclusive jurisdiction, and both of us agree to that.

Before either of us files anything, we will try to sort it out. Write to legal@fennahealth.com and we will get the right people on a call within fourteen days.

We may update these terms. If a change matters to you, we will email your admins at least thirty days before it takes effect. Carrying on using Fenna after that is how you accept it. If you do not want to, tell us and end the agreement before the change lands.

The date at the top of this page is the day this version took effect.

Fenna Health LLC. Write to legal@fennahealth.com about these terms, and to privacy@fennahealth.com about anything in the privacy policy.