1. Agreement to these terms
By accessing or using iva-holly.com or the client portal (collectively, the “Site”), you agree to these Terms of Use. If you use the Site for a facility or other organization, you represent that you are authorized to act for that organization. If you do not agree, do not use the Site.
2. Services and professional boundaries
Iva-Holly provides operational oversight and advisory services. Unless a signed agreement expressly states otherwise, facility ownership retains licensing responsibility, staffing, employment decisions, scheduling, finances, direct care, clinical decisions, required records, and final operating authority. Website information and automated assessment results are general educational tools and are not legal, clinical, accounting, or regulatory advice.
3. Portal accounts and access
Portal access is invitation-only, facility-specific, and limited to authorized users. You must provide accurate information, protect your credentials, use only your assigned account, and promptly report suspected misuse. Administrators are responsible for granting the least access necessary, reviewing user access, and removing users who no longer require it. You may not share passwords, bypass controls, probe security, impersonate another person, or access another facility’s information.
4. Documents and resident information
You retain responsibility for information and files you submit. You represent that you have the authority and lawful basis to upload, disclose, and instruct Iva-Holly to process that content. Upload only information relevant to the contracted engagement and limit resident information or PHI to the minimum necessary.
The client portal application and its database do not store PHI. When an authorized file containing PHI is uploaded through the portal, the upload is directed to Iva-Holly’s designated Microsoft SharePoint environment, where the file is stored. Users must not enter PHI into portal fields, messages, titles, task descriptions, or other areas outside the approved SharePoint document-upload process.
Do not upload malicious code, unlawful material, content that infringes another party’s rights, or information you are not authorized to disclose. Where applicable, a signed services agreement and BAA control over conflicting portal terms regarding PHI.
5. Acceptable use
You may use the Site only for lawful business purposes connected to Iva-Holly services. You may not disrupt the Site, introduce malware, scrape or harvest information, attempt unauthorized access, reverse engineer protected portions, misuse personal or resident data, or use Site content to compete through unauthorized copying.
6. Intellectual property
The Site, branding, designs, text, tools, and Iva-Holly-created materials are owned by or licensed to Iva-Holly and protected by law. Client-provided materials remain the client’s property. Contracted deliverables and permitted uses are governed by the applicable services agreement.
7. Availability and third-party services
We may maintain, change, suspend, or discontinue Site features and may restrict access to protect information or systems. The Site may rely on third-party platforms, including Microsoft 365 and SharePoint. Their availability and separate terms may affect portal functions. We do not guarantee uninterrupted or error-free operation.
8. Disclaimers and limitation of liability
To the extent permitted by law, the Site is provided “as is” and “as available.” Iva-Holly disclaims implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Iva-Holly does not guarantee compliance outcomes, survey results, licensure decisions, financial performance, or uninterrupted access.
To the extent permitted by law, Iva-Holly will not be liable for indirect, incidental, special, consequential, or punitive damages arising from Site use. Any additional liability limits in an applicable signed agreement remain controlling.
9. Suspension, termination, and governing terms
We may suspend or terminate access for security concerns, suspected misuse, contract expiration, or violation of these terms. Obligations concerning confidentiality, intellectual property, records, disclaimers, and liability survive termination as applicable. Signed client agreements control if they conflict with these terms. Otherwise, these terms are governed by Texas law, without regard to conflict-of-law rules.
10. Changes and contact
We may revise these terms as the Site and services evolve. Continued use after an updated effective date constitutes acceptance of the revised terms. Questions may be sent to IH-Operations@iva-holly.com.