Family Services Agreement

This Family Services Agreement (the “Agreement”) is made by and between Elea, LLC, of 9 RiverBank Ln Old Lyme, CT 06371 and registered to do business in the state of Connecticut (the “Company”), and you (the “Parents”) and your child (the “Student”), (collectively, the “Family”).

Background

The Company provides coordination, document management, resources, and other auxiliary services to support families and children who receive, or are hoping to receive, special education services as they navigate the education and medical provider systems.

Agreement

1. Services. The Company will provide the supportive services detailed below to the Family via phone, email, text, chat, and/or an interactive digital video platform (“Services”). The Company will provide instructions to the Family on use of the platform, if requested. Services include the following:
2. • Organize and store in a secure third-party digital platform documents related to obtaining or maintaining special education or related services such as intake applications for medical providers (“Documentation”)
   • Provide support for completion of Documentation through a secure third-party digital platform, although the Family ultimately is responsible for ensuring the accuracy and completeness of information of such Documentation
   • Engage in individualized discussion with one of the Company coordinators regarding these types of services, evaluations, and resources available to the Family, typically located within Family’s geographical area
   • Assist with transition of coordination and management of Documentation and Services whenthe Student reaches 18 years of age.
3. Services shall not include any treatment or diagnosis of any medical, educational or mental healthissues. The Family acknowledges that the Company is not a medical, mental health or other licensedprovider and it does not provide any such services. The Family is solely responsible for ensuring thatthe Student receives necessary and appropriate medical, educational and mental health care, or anyother care or service provided by a licensed provider.
4. Resources. The Company may provide information about available resources to the Family such as names and contact information of medical providers or other professionals who may have experience in evaluating or assisting children and families with similar concerns. By providing such information, the Company makes no representations or warranties about the business practices of the provider or professional, or the type, quality, appropriateness, or extent of the services offered by such provider or professional. The Family agrees that the Company shall have no liability or responsibility for care or services provided by such providers or professionals. The Company receives no compensation from providers for providing information about available resources. The Family is solely responsible for determining whether the suggested provider or professional meets the needs of the Student, and the Family always remains free to select any provider or professional of their1choice.
5. Payment for Services. There is no cost for Services for families participating in the pilot phase of the program. Detailed pricing information for continued services will be provided upon request.
6. Data Privacy. By signing this Agreement, the Family consents to the Company receiving, using, and sharing information about the Student and the Parents that the Family shares with the Company to provide Services including Documentation (“Information”). The Company may share such Information with third parties for the sole purpose of providing Services. The Company must obtain Parent’s written consent prior to using or sharing any Information provided for any other purpose. The Parents acknowledge that Information provided to the Company by the Family under this Agreement is not governed by Health Insurance Portability and Accountability Act (HIPAA) or Family Educational Rights and Privacy Act (FERPA) and thus, is not subject to any of the protections therein. Nonetheless, the Company understands the sensitive nature of Information and will use the Information provided only as necessary to provide Services. The Company will not maintain copies of Documentation outside of the secure third-party platforms and it will maintain only the minimum amount of Information required outside of such platforms to provide Services, such as contact information.
7. Email Disclaimer. The Family acknowledges that email is not necessarily a secure form of communication. If the Family chooses to use email to send Information (including Documentation) to the Company, there is a risk that Information transmitted via email or that resides in the Company’s email accounts as a result of such transmission could be accessed by an unauthorized party. The Company will provide the Family with a secure platform for the sharing of Information (including Documentation) and encourages the Family to use such platform exclusively for sharing such Information.
8. Use of Third-Party Platforms. The Company uses the secure third-party platforms and providers listed in Exhibit A to store and manage Documentation. The Company selected these platforms, in part, based on data privacy and protection representations. The Family acknowledges and agrees that Information including Documentation stored on a third-party platform, such as those identified above, is governed by the third-party platform’s privacy and security practices and policies. By signing this Agreement, the Family acknowledges that the Family has had an opportunity to review, and accepts the privacy notices or policies of such third-party platforms. With respect to the third-party platforms, the Family understands that use of such platforms has some privacy risks as the documents stored there could be subject to a security breach despite the third-party's security protections. The Company is not responsible for a third-party platform’s compliance with its policies, practices, or privacy requirements, or for any loss or damage resulting from a data breach of a third-party platform.
9. Representations and Responsibilities of the Family. The Family agrees and warrants that they will upload documents into the secure third-party platform as instructed, that all information they provide to the Company is complete and accurate to the best of their knowledge, and that they will comply with all recommended security and privacy settings and guidelines of the secure third-party platforms (for example, multi-factor authentication). The Company shall not be liable for any errors or omissions in applications or other paperwork provided to the Company by the Family. The Family is responsible for reviewing all documents and paperwork for accuracy.
10. Termination. Either party can terminate this agreement at any time by notifying the other of termination. On termination, the Company will provide the Family instructions on how to obtain2copies of the Documentation provided to the Company. Thirty (30) days after termination, the Company will permanently delete the Documentation. Retention of copies on a third-party platform is subject to the third-party's policies. The Family is responsible for ensuring they have collected all Documentation prior to the thirty-day period.
11. Communications. The Company routinely contacts clients by phone, email, chat, text message and/or mail to discuss and provide the requested Services. By signing below, the Family agrees that the Company may send such messages, including text messages to a provided cell phone number, and the Family understands that they have the option to opt out of receiving such messages at anytime by updating communications preferences with the Company.
12. Your Feedback. By participating in the Elea Beta Program, you agree that any Feedback you provide will become the property of Elea and you agree that Elea may use or otherwise exploit all or part of your feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have right to enter into this Agreement and assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
13. Release of Liability. To the extent permitted by applicable law, the Family releases the Company and its affiliates, employees, agents, and representatives from any and all liability, damage, loss, cost or expense (including attorney’s fees) arising out of or in connection with this Agreement.
14. Governing Law. This Agreement shall be construed, governed, and enforced in accordance with the laws of the State of Connecticut. Any suit, action, or other legal proceeding arising out of or related to this Agreement must be brought in a state or federal court located in Connecticut.
15. Acknowledgment. By signing below, the Family acknowledges that they have reviewed and understand the information in this Family Services Agreement.

Third-party Platforms Used by Elea, LLC

Clinked

Privacy: https://clinked.com/clinked-privacy-policy
Terms of Use: https://clinked.com/clinked-terms-of-service/

JotForm

Privacy: https://www.jotform.com/privacy/
Terms of Use: https://www.jotform.com/terms/

Google

Privacy: https://policies.google.com/privacy?hl=en&fg=1
Terms of Service: https://policies.google.com/terms?hl=en&fg=1

Phase Zero

Privacy: https://www.phasezero.co/privacy-statement
Terms of Use: https://www.phasezero.co/terms-of-service