Terms of Service
Updated March 18 2026
CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING THE SITE OR SERVICES
These Terms of Service (the “Terms”) constitute a binding agreement between Malla Ventures, Inc. and its affiliates and subsidiaries (collectively, “Malla,” “Company,” “we,” “us,” or “our”) and the customer entity or individual accepting these Terms (“Customer,” “you,” or “your”). The platform and tools offered by and on malla.co and care.malla.co (the “Site”) and our related services, products, applications, features, and content, including our electronic health record ("EHR") platform, practitioner portal, and related practice management tools, are collectively called the “Services.” The Services are designed for use by licensed healthcare practitioners, clinicians, and other authorized professionals (collectively, “Practitioners”) in connection with their professional practice operations.
If you have entered into a separate written customer, order, or services agreement with Malla (a “Customer Agreement”) that is signed by both you and Malla, that Customer Agreement will govern to the extent it conflicts with these Terms. Otherwise, these Terms govern your access to and use of the Services.
Acceptance of Terms
These Terms describe your legal rights and responsibilities. By accessing or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
About the Services
The Services provide Practitioners and healthcare organizations with a platform to:
● Access and utilize EHR and practice management tools;
● Manage patient records, documentation, and clinical workflows; and
● Integrate with other healthcare systems and tools as part of practice operations.
You may use the Services only in accordance with these Terms and applicable law, and you may not use the Services for any unlawful, fraudulent, or infringing purpose, or in a manner that violates the rights of Malla or any third party.
Access and Accounts
Subject to your continued compliance with these Terms, Malla grants you a limited right to access and use the Services for your internal business purposes. To access and use all or part of the Services, you must register and create an account (an “Account”). You agree that:
● All registration information you provide will be accurate, current, and complete, including any applicable professional licensure or credentialing information;
● You will promptly update your information as needed to keep it accurate and complete; and
● You have the authority to bind any organization on whose behalf you are using the Services.
Your access credentials (such as username and password) are personal to you and may not be shared with any other person or entity. You are responsible for maintaining the security of your Account and credentials and for all activities that occur under your Account. You must promptly notify Malla of any suspected or actual unauthorized access to or use of your Account.
Malla may immediately suspend or terminate your Account and access to the Services if you violate these Terms or if Malla reasonably suspects a violation. Upon termination of your Account, your access to the Services will end immediately.
The Services are intended for use by Practitioners and authorized representatives of healthcare organizations. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms and to bind any organization on whose behalf you use the Services.
Changes to the Terms
We may update or modify the Services, our policies, and these Terms from time to time. We will indicate the date of the latest update at the top of these Terms. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.
Online Content Disclaimer
Information, recommendations, opinions, or other materials provided through the Services, excluding those originating directly from Malla, reflect the views of their respective authors and not necessarily those of Malla. These authors are solely responsible for their content.
Malla does not guarantee the accuracy, completeness, or usefulness of any content available through the Services, nor does it endorse or assume any responsibility for any opinion, recommendation, or statement made by anyone other than Malla. Malla disclaims all liability arising from your reliance on any content or materials available via the Services.
You acknowledge that you are solely responsible for verifying the accuracy, completeness, and appropriateness of any information obtained through the Services before relying on it in connection with patient care, clinical decision-making, or practice operations.
Not Medical Advice
The Services are intended to support Practitioners and healthcare organizations in their operations, including documentation, record-keeping, and workflow management. The Services and any related content do not constitute and are not a substitute for medical, diagnostic, or treatment advice or recommendations.
All clinical decisions, including diagnosis, treatment planning, prescribing, and patient management, are solely the responsibility of the Practitioner or healthcare organization. Malla does not practice medicine or any other licensed profession, and nothing in the Services is intended to create a provider-patient relationship between Malla and any individual.
Reliance on any information generated by, stored in, or accessed through the Services for clinical purposes is at the Practitioner’s or organization’s own risk. To the maximum extent not prohibited by law, Malla will not be liable for any clinical outcomes, patient harm, or other consequences arising from clinical decisions made in connection with the use of the Services.
Use of Artificial Intelligence
Malla offers certain features within the Services that are powered by machine-learning models, including large language models (collectively, “AI Features”). AI Features may include, for example, documentation assistance, draft note generation, summarization, and chatbot functionality designed to help Practitioners and organizations navigate and use the Services.
The AI Features are part of the Services and process information in the same general manner and for the same purposes as our other technology components, as described in these Terms, our Privacy Policy, and any applicable business associate agreement. We do not grant any third-party AI vendor the right to use Customer data for its own independent purposes beyond providing services to Malla.
Your Responsibilities in Using AI Features
● No clinical advice. AI Features do not provide medical advice, diagnoses, or treatment recommendations. Any outputs (including suggested language, summaries, or responses) are for informational and workflow-support purposes only. All clinical decisions and patient care remain solely your responsibility.
● Limitations and errors. AI Features may be incomplete, inaccurate, outdated, inconsistent, or misleading, and may generate content that appears plausible but is factually incorrect or not clinically appropriate (sometimes referred to as “hallucinations”). They may also reflect or amplify biases present in underlying data.
● Professional review required. You are solely responsible for carefully reviewing, verifying, and validating any AI-generated output before relying on it in connection with patient care, documentation, or any other practice operations. You must exercise independent professional judgment at all times.
● Security and privacy. Malla implements administrative, technical, and physical safeguards designed to protect information processed by AI Features. AI Features are subject to the same privacy and security controls that apply to the rest of the Services, including any applicable business associate agreement.
To the maximum extent not prohibited by law, Malla disclaims any liability for clinical outcomes, patient harm, business losses, or other consequences arising from your use of, or reliance on, AI-generated output in connection with patient care or practice operations.
Subscription and Payments
The Services are provided on a subscription basis (“Subscription”). You agree to pay all fees for the Services in accordance with the applicable fee schedule set forth in your Customer Agreement or as otherwise communicated to you by Malla, and you authorize Malla (and its payment processors) to charge your designated payment method for all such fees as they become due.
Fees are due and payable regardless of your level of actual usage or login activity. Unless otherwise specified, you will be billed in advance on a recurring monthly basis (each, a “Billing Cycle”). At the end of each Billing Cycle, your Subscription will automatically renew under the same terms unless you cancel your Subscription or Malla cancels it.
You may cancel your Subscription renewal through your online account management page or by emailing support@malla.co, in each case subject to any notice or minimum commitment terms set forth in your Customer Agreement. Except as expressly stated in your Customer Agreement, all fees are non-refundable.
Additional Fees
Malla may charge additional fees not set forth in your primary fee schedule for certain optional or exception-based services, such as implementation, custom configuration, data migration, integrations, or other add-on services, as communicated to you during setup or through the Services.
If automatic billing fails for any reason, Malla may issue an electronic invoice and you must pay the full amount by the stated due date.
Fee Changes
Malla may modify Subscription fees and other charges from time to time. Any change to Subscription fees will become effective at the start of the next Billing Cycle. Malla will provide reasonable prior notice of any fee increase so that you may choose to terminate your Subscription before it becomes effective. Your continued use of the Services after the fee change takes effect constitutes your agreement to pay the modified fees.
Taxes
Except for certain state sales taxes noted on Customer invoices, Malla’s fees do not include taxes, levies, or similar governmental assessments (“Taxes”). You are responsible for all Taxes associated with your Subscription and use of the Services, other than taxes based on Malla’s own income, property, or employees.
Use Restrictions
You represent and warrant that you are a duly licensed or credentialed healthcare Practitioner, or an authorized representative of a healthcare practice or organization, and that you have the legal authority to bind any individual or organization on whose behalf you are accessing or using the Services.
Subject to your ongoing compliance with these Terms, Malla grants you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access and use the Services solely for your internal business purposes and in accordance with these Terms and the Customer Agreement (if any).
You shall not, directly or indirectly:
● Share your Account credentials with another individual or entity, or otherwise make the Services available to anyone other than authorized users under your Account;
● Sell, resell, rent, or lease the Services, or use the Services to provide services to third parties other than in connection with your own practice or organizational operations;
● Use the Services to store or transmit unsolicited marketing communications or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including privacy or intellectual property rights);
● Interfere with or disrupt the integrity, performance, or security of the Services or related systems;
● Attempt to gain unauthorized access to the Services or related systems or networks;
● Modify, copy, or create derivative works based on the Services or any part, feature, function, or user interface, except as expressly permitted by Malla in writing;
● Disassemble, reverse engineer, or decompile the Services except to the limited extent permitted by applicable law notwithstanding contractual prohibitions;
● Remove or modify any proprietary markings or restrictive legends in the Services; or
● Access or use the Services to build or enhance a competitive product or service.
Customer Content
You are solely responsible for all information, data, text, patient records, or other materials or content that you or your users submit to, store in, or make available via the Services (“Customer Content”). Malla is not responsible or liable for Customer Content, except as expressly set forth in these Terms or in an applicable Customer Agreement or business associate agreement.
You represent and warrant that:
● You have obtained all necessary authorizations, consents, and permissions required under applicable law (including, as applicable, HIPAA and other privacy and data protection laws) to submit Customer Content to the Services and to permit Malla to process such Customer Content as described in these Terms, our Privacy Policy, and any applicable business associate agreement;
● Your Customer Content does not and will not violate these Terms or any applicable law or third-party right; and
● You will not submit Customer Content that is unlawful, defamatory, obscene, offensive, infringing, or otherwise inappropriate, or that contains the personal information of any individual without proper authorization.
When you or your users submit, store, or make Customer Content available through the Services, you grant Malla a worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable non-exclusive license to use, reproduce, modify, distribute, display, and perform such Customer Content as reasonably necessary to provide, secure, support, and improve the Services and to fulfill Malla’s obligations under these Terms, the Customer Agreement, and any applicable business associate agreement.
Malla acts as a passive conduit for the online storage and management of Customer Content. Malla reserves the right, but has no obligation, to remove or suspend access to any Customer Content at its discretion, including if we believe it violates these Terms or applicable law.
Although Malla has no obligation to monitor Customer Content, we may monitor, access, and use Customer Content as necessary to operate, maintain, secure, and improve the Services, to comply with law or legal process, or to respond to your support requests.
Monitoring and Enforcement
We may, in our sole discretion:
● Take any action with respect to Customer Content that we deem necessary or appropriate, including if we believe it violates these Terms, infringes any intellectual property or other rights, threatens the safety of any person, or could create liability for Malla;
● Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services; and
● Terminate or suspend your access to all or part of the Services for any or no reason, including any violation of these Terms.
We may cooperate with law enforcement or regulatory authorities, or comply with a court order, requesting or directing us to disclose the identity or other information of anyone posting or transmitting any materials via the Services. You waive and hold harmless Malla and its affiliates, licensees, and service providers from any claims resulting from any action taken in connection with such investigations or legal processes.
Intellectual Property
As between you and Malla, all right, title, and interest in and to the Services, including all content, software, technology, documentation, and the overall “look and feel” of the Services, are owned by Malla or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Except for the limited rights expressly granted in these Terms, no license or other rights are granted to you, by implication, estoppel, or otherwise, in or to any intellectual property owned or controlled by Malla or its licensors. You must not copy, modify, distribute, transmit, display, perform, or create derivative works from any content, information, or materials available through the Services, except as expressly permitted by these Terms or by Malla in writing.
Any Malla trademarks, service marks, trade names, logos, or trade dress that appear on or in connection with the Services are the property of Malla. You may not use any such marks without Malla’s prior written permission. Other product and company names mentioned through the Services may be trademarks of their respective owners.
Links to Third-Party Sites and Services
The Services may contain links to or integrations with third-party websites, products, or services that are not owned or controlled by Malla. Malla has no control over and assumes no responsibility for the content, privacy policies, security practices, or operations of any third-party websites or services.
Your use of third-party websites, products, or services is at your own risk and is subject to the terms and conditions and privacy policies of those third parties. Malla is not liable for any damage or loss arising out of or related to your use of or reliance on any third-party content, products, or services.
Account Access by Malla Personnel
From time to time, it may be necessary for authorized Malla personnel to access your Account and associated content on a strictly as-needed basis, for example, to diagnose an issue, provide support, or maintain the security and performance of the Services. By contacting our support teams or using the Services, you acknowledge that Malla personnel may access your Account as reasonably necessary to respond to your requests and to operate and support the Services.
Malla personnel who access your Account will do so in accordance with applicable privacy, security, and confidentiality requirements. If you wish to receive assistance without granting such access, please specify that in your communication with our support teams, and we will honor such requests to the extent feasible.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. MALLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Without limiting the foregoing, Malla does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. Any material or data obtained through the Services is accessed at your own discretion and risk, and you are solely responsible for any damage to your systems or loss of data that results.
Any general information provided through the Services is for informational purposes only and is not intended as, and does not constitute, legal, financial, or medical advice.
Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MALLA OR ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MALLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, MALLA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNTS PAID BY YOU TO MALLA FOR ACCESS TO AND USE OF THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties, so some of the above limitations may not apply to you. In such cases, Malla’s liability will be limited to the fullest extent permitted by applicable law.
If you have a dispute with another user, a third-party vendor, an integration partner, or any other third party that you interact with via the Services, you release Malla and its officers, directors, agents, subsidiaries, and employees from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way related to such dispute. If you are a California resident, you waive California Civil Code § 1542 which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”.
Indemnification
You will defend, indemnify, and hold harmless Malla, its officers, directors, employees, agents, successors, and assigns from and against any third-party claims, demands, actions, or proceedings (each, a “Claim”), and all related losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your Customer Content; (d) your use of any information obtained through the Services; (e) any unauthorized use, access, or distribution of the Services by you or under your Account; or (f) any violation of privacy, data protection, or other rights related to information submitted under your Account, except to the extent such Claim is caused by Malla’s gross negligence or willful misconduct.
Malla will promptly notify you of any Claim for which it seeks indemnification, and you will cooperate with Malla in the defense and settlement of such Claim. Malla may participate in the defense with its own counsel at its own expense.
Arbitration, Jury Trial Waiver, and Class Action Waiver
Informal Resolution
Before initiating arbitration or litigation in small claims court, the parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiation between individuals with authority to resolve the dispute. This informal dispute resolution process is a condition precedent to commencing arbitration or a small claims action. Any applicable limitations period will be tolled while the parties engage in this process.
For disputes with Malla, you must first send a written notice containing your name, contact information, sufficient information for Malla to identify any relevant Account or transaction, a description of the dispute, and the relief sought to support@malla.co. You and Malla agree to negotiate in good faith about the dispute, including through an individualized telephone conference if requested. If the dispute is not resolved within sixty (60) days after Malla receives your notice, either party may initiate arbitration (or small claims proceedings, if applicable).
Agreement to Arbitrate
You and Malla agree that any and all disputes, claims, or controversies between you and Malla or its employees, agents, affiliates, subsidiaries, successors, or assigns (collectively, “Disputes”) arising out of or relating to these Terms or your use of the Services will be resolved by binding and confidential arbitration, except that either party may elect to have a Dispute heard in small claims court if it qualifies.
YOU AND MALLA UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MALLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
Arbitration Procedures
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The tribunal will consist of a single arbitrator. The arbitration will take place in New York, New York, United States, or, if that location is not feasible, in another mutually agreed location. The arbitration proceedings will be conducted in English. Judgment on the arbitral award may be entered in any court having jurisdiction.
Waiver of Class or Consolidated Actions
YOU AND MALLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable with respect to a particular Dispute, and the AAA’s applicable rules do not otherwise permit arbitration to proceed on a class or representative basis, then that Dispute must be resolved in court rather than in arbitration.
Opt-Out
You may opt out of the arbitration provisions of these Terms by sending a written notice of your decision to opt out to:
Malla Ventures, Inc.Attn: Legal1968 S. Coast Hwy #324Laguna Beach, CA 92651
Your opt-out notice must be postmarked within thirty (30) calendar days of first accepting these Terms and must include: (i) your name and residence address; (ii) the email address and/or telephone number associated with your Account; and (iii) a clear statement that you wish to opt out of the arbitration provisions in these Terms.
Governing Law
These Terms and any Dispute arising out of or in connection with your use of the Site or the Services, or relating to these Terms, will be governed by and construed in accordance with the laws of the State of New York and the United States, without regard to conflict of laws principles. Subject to the arbitration provisions above, venue for any permitted court proceeding will lie in the state or federal courts located in the Southern District of New York, and you and Malla consent to the personal jurisdiction of such courts.
Privacy Policy
Malla respects the privacy of its customers and users. Please refer to Malla’s Privacy Policy (available at https://care.malla.co/privacy) for information on how we collect, use, disclose, and protect information in connection with the Services. By accessing or using the Services, you also agree to our Privacy Policy.
Restriction of Access
Malla may terminate or suspend your access to the Site and/or the Services, in whole or in part, at any time and for any reason or no reason, including if Malla determines that you have violated these Terms; provided false, inaccurate, or incomplete information; or engaged in conduct that harms or could harm Malla’s rights, interests, or reputation. Upon termination, you must cease all use of the Services and destroy all materials obtained from the Services and all copies thereof.
General Terms
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Any failure by Malla to enforce any provision of these Terms will not constitute a waiver of such provision or any other provision.
You agree that any claim you may have arising out of or related to your relationship with Malla or these Terms must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred, to the fullest extent permitted by law.
Malla may assign or delegate these Terms and/or its Privacy Policy, in whole or in part, to any person or entity at any time with or without notice to you. You may not assign or delegate any rights or obligations under these Terms without Malla’s prior written consent, and any unauthorized assignment or delegation is void.
Malla may provide notices to you and obtain your consent (where required) through the Services (including via your Account), by email to the email address associated with your Account, or by written mail communication to the address associated with your Account. You must send all notices required or permitted under these Terms to Malla using the contact details provided in these Terms.
Malla may send you communications related to billing, Account verification, platform and Services training, surveys or feedback requests, marketing and promotions, and administrative announcements (including regarding these Terms or security or privacy matters). You may opt out of certain marketing or non-essential communications where permitted by law, but you may not opt out of communications that are transactional, security-related, or otherwise legally required.
Contact Us
If you have questions about these Terms or the Services, please contact us at:
Email: support@malla.co
Mailing address:Malla Ventures, Inc.Attn: Legal1968 S. Coast Hwy #324Laguna Beach, CA 92651
Terms of Service
Updated March 18, 2026
CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING THE SITE OR SERVICES
These Terms of Service (the “Terms”) constitute a binding agreement between Malla Ventures, Inc. and its affiliates and subsidiaries (collectively, “Malla,” “Company,” “we,” “us,” or “our”) and the customer entity or individual accepting these Terms (“Customer,” “you,” or “your”). The platform and tools offered by and on malla.co and care.malla.co (the “Site”) and our related services, products, applications, features, and content, including our electronic health record ("EHR") platform, practitioner portal, and related practice management tools, are collectively called the “Services.” The Services are designed for use by licensed healthcare practitioners, clinicians, and other authorized professionals (collectively, “Practitioners”) in connection with their professional practice operations.
If you have entered into a separate written customer, order, or services agreement with Malla (a “Customer Agreement”) that is signed by both you and Malla, that Customer Agreement will govern to the extent it conflicts with these Terms. Otherwise, these Terms govern your access to and use of the Services.
Acceptance of Terms
These Terms describe your legal rights and responsibilities. By accessing or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
About the Services
The Services provide Practitioners and healthcare organizations with a platform to:
● Access and utilize EHR and practice management tools;
● Manage patient records, documentation, and clinical workflows; and
● Integrate with other healthcare systems and tools as part of practice operations.
You may use the Services only in accordance with these Terms and applicable law, and you may not use the Services for any unlawful, fraudulent, or infringing purpose, or in a manner that violates the rights of Malla or any third party.
Access and Accounts
Subject to your continued compliance with these Terms, Malla grants you a limited right to access and use the Services for your internal business purposes. To access and use all or part of the Services, you must register and create an account (an “Account”). You agree that:
● All registration information you provide will be accurate, current, and complete, including any applicable professional licensure or credentialing information;
● You will promptly update your information as needed to keep it accurate and complete; and
● You have the authority to bind any organization on whose behalf you are using the Services.
Your access credentials (such as username and password) are personal to you and may not be shared with any other person or entity. You are responsible for maintaining the security of your Account and credentials and for all activities that occur under your Account. You must promptly notify Malla of any suspected or actual unauthorized access to or use of your Account.
Malla may immediately suspend or terminate your Account and access to the Services if you violate these Terms or if Malla reasonably suspects a violation. Upon termination of your Account, your access to the Services will end immediately.
The Services are intended for use by Practitioners and authorized representatives of healthcare organizations. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms and to bind any organization on whose behalf you use the Services.
Changes to the Terms
We may update or modify the Services, our policies, and these Terms from time to time. We will indicate the date of the latest update at the top of these Terms. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.
Online Content Disclaimer
Information, recommendations, opinions, or other materials provided through the Services, excluding those originating directly from Malla, reflect the views of their respective authors and not necessarily those of Malla. These authors are solely responsible for their content.
Malla does not guarantee the accuracy, completeness, or usefulness of any content available through the Services, nor does it endorse or assume any responsibility for any opinion, recommendation, or statement made by anyone other than Malla. Malla disclaims all liability arising from your reliance on any content or materials available via the Services.
You acknowledge that you are solely responsible for verifying the accuracy, completeness, and appropriateness of any information obtained through the Services before relying on it in connection with patient care, clinical decision-making, or practice operations.
Not Medical Advice
The Services are intended to support Practitioners and healthcare organizations in their operations, including documentation, record-keeping, and workflow management. The Services and any related content do not constitute and are not a substitute for medical, diagnostic, or treatment advice or recommendations.
All clinical decisions, including diagnosis, treatment planning, prescribing, and patient management, are solely the responsibility of the Practitioner or healthcare organization. Malla does not practice medicine or any other licensed profession, and nothing in the Services is intended to create a provider-patient relationship between Malla and any individual.
Reliance on any information generated by, stored in, or accessed through the Services for clinical purposes is at the Practitioner’s or organization’s own risk. To the maximum extent not prohibited by law, Malla will not be liable for any clinical outcomes, patient harm, or other consequences arising from clinical decisions made in connection with the use of the Services.
Use of Artificial Intelligence
Malla offers certain features within the Services that are powered by machine-learning models, including large language models (collectively, “AI Features”). AI Features may include, for example, documentation assistance, draft note generation, summarization, and chatbot functionality designed to help Practitioners and organizations navigate and use the Services.
The AI Features are part of the Services and process information in the same general manner and for the same purposes as our other technology components, as described in these Terms, our Privacy Policy, and any applicable business associate agreement. We do not grant any third-party AI vendor the right to use Customer data for its own independent purposes beyond providing services to Malla.
Your Responsibilities in Using AI Features
● No clinical advice. AI Features do not provide medical advice, diagnoses, or treatment recommendations. Any outputs (including suggested language, summaries, or responses) are for informational and workflow-support purposes only. All clinical decisions and patient care remain solely your responsibility.
● Limitations and errors. AI Features may be incomplete, inaccurate, outdated, inconsistent, or misleading, and may generate content that appears plausible but is factually incorrect or not clinically appropriate (sometimes referred to as “hallucinations”). They may also reflect or amplify biases present in underlying data.
● Professional review required. You are solely responsible for carefully reviewing, verifying, and validating any AI-generated output before relying on it in connection with patient care, documentation, or any other practice operations. You must exercise independent professional judgment at all times.
● Security and privacy. Malla implements administrative, technical, and physical safeguards designed to protect information processed by AI Features. AI Features are subject to the same privacy and security controls that apply to the rest of the Services, including any applicable business associate agreement.
To the maximum extent not prohibited by law, Malla disclaims any liability for clinical outcomes, patient harm, business losses, or other consequences arising from your use of, or reliance on, AI-generated output in connection with patient care or practice operations.
Subscription and Payments
The Services are provided on a subscription basis (“Subscription”). You agree to pay all fees for the Services in accordance with the applicable fee schedule set forth in your Customer Agreement or as otherwise communicated to you by Malla, and you authorize Malla (and its payment processors) to charge your designated payment method for all such fees as they become due.
Fees are due and payable regardless of your level of actual usage or login activity. Unless otherwise specified, you will be billed in advance on a recurring monthly basis (each, a “Billing Cycle”). At the end of each Billing Cycle, your Subscription will automatically renew under the same terms unless you cancel your Subscription or Malla cancels it.
You may cancel your Subscription renewal through your online account management page or by emailing support@malla.co, in each case subject to any notice or minimum commitment terms set forth in your Customer Agreement. Except as expressly stated in your Customer Agreement, all fees are non-refundable.
Additional Fees
Malla may charge additional fees not set forth in your primary fee schedule for certain optional or exception-based services, such as implementation, custom configuration, data migration, integrations, or other add-on services, as communicated to you during setup or through the Services.
If automatic billing fails for any reason, Malla may issue an electronic invoice and you must pay the full amount by the stated due date.
Fee Changes
Malla may modify Subscription fees and other charges from time to time. Any change to Subscription fees will become effective at the start of the next Billing Cycle. Malla will provide reasonable prior notice of any fee increase so that you may choose to terminate your Subscription before it becomes effective. Your continued use of the Services after the fee change takes effect constitutes your agreement to pay the modified fees.
Taxes
Except for certain state sales taxes noted on Customer invoices, Malla’s fees do not include taxes, levies, or similar governmental assessments (“Taxes”). You are responsible for all Taxes associated with your Subscription and use of the Services, other than taxes based on Malla’s own income, property, or employees.
Use Restrictions
You represent and warrant that you are a duly licensed or credentialed healthcare Practitioner, or an authorized representative of a healthcare practice or organization, and that you have the legal authority to bind any individual or organization on whose behalf you are accessing or using the Services.
Subject to your ongoing compliance with these Terms, Malla grants you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access and use the Services solely for your internal business purposes and in accordance with these Terms and the Customer Agreement (if any).
You shall not, directly or indirectly:
● Share your Account credentials with another individual or entity, or otherwise make the Services available to anyone other than authorized users under your Account;
● Sell, resell, rent, or lease the Services, or use the Services to provide services to third parties other than in connection with your own practice or organizational operations;
● Use the Services to store or transmit unsolicited marketing communications or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including privacy or intellectual property rights);
● Interfere with or disrupt the integrity, performance, or security of the Services or related systems;
● Attempt to gain unauthorized access to the Services or related systems or networks;
● Modify, copy, or create derivative works based on the Services or any part, feature, function, or user interface, except as expressly permitted by Malla in writing;
● Disassemble, reverse engineer, or decompile the Services except to the limited extent permitted by applicable law notwithstanding contractual prohibitions;
● Remove or modify any proprietary markings or restrictive legends in the Services; or
● Access or use the Services to build or enhance a competitive product or service.
Customer Content
You are solely responsible for all information, data, text, patient records, or other materials or content that you or your users submit to, store in, or make available via the Services (“Customer Content”). Malla is not responsible or liable for Customer Content, except as expressly set forth in these Terms or in an applicable Customer Agreement or business associate agreement.
You represent and warrant that:
● You have obtained all necessary authorizations, consents, and permissions required under applicable law (including, as applicable, HIPAA and other privacy and data protection laws) to submit Customer Content to the Services and to permit Malla to process such Customer Content as described in these Terms, our Privacy Policy, and any applicable business associate agreement;
● Your Customer Content does not and will not violate these Terms or any applicable law or third-party right; and
● You will not submit Customer Content that is unlawful, defamatory, obscene, offensive, infringing, or otherwise inappropriate, or that contains the personal information of any individual without proper authorization.
When you or your users submit, store, or make Customer Content available through the Services, you grant Malla a worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable non-exclusive license to use, reproduce, modify, distribute, display, and perform such Customer Content as reasonably necessary to provide, secure, support, and improve the Services and to fulfill Malla’s obligations under these Terms, the Customer Agreement, and any applicable business associate agreement.
Malla acts as a passive conduit for the online storage and management of Customer Content. Malla reserves the right, but has no obligation, to remove or suspend access to any Customer Content at its discretion, including if we believe it violates these Terms or applicable law.
Although Malla has no obligation to monitor Customer Content, we may monitor, access, and use Customer Content as necessary to operate, maintain, secure, and improve the Services, to comply with law or legal process, or to respond to your support requests.
Monitoring and Enforcement
We may, in our sole discretion:
● Take any action with respect to Customer Content that we deem necessary or appropriate, including if we believe it violates these Terms, infringes any intellectual property or other rights, threatens the safety of any person, or could create liability for Malla;
● Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services; and
● Terminate or suspend your access to all or part of the Services for any or no reason, including any violation of these Terms.
We may cooperate with law enforcement or regulatory authorities, or comply with a court order, requesting or directing us to disclose the identity or other information of anyone posting or transmitting any materials via the Services. You waive and hold harmless Malla and its affiliates, licensees, and service providers from any claims resulting from any action taken in connection with such investigations or legal processes.
Intellectual Property
As between you and Malla, all right, title, and interest in and to the Services, including all content, software, technology, documentation, and the overall “look and feel” of the Services, are owned by Malla or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Except for the limited rights expressly granted in these Terms, no license or other rights are granted to you, by implication, estoppel, or otherwise, in or to any intellectual property owned or controlled by Malla or its licensors. You must not copy, modify, distribute, transmit, display, perform, or create derivative works from any content, information, or materials available through the Services, except as expressly permitted by these Terms or by Malla in writing.
Any Malla trademarks, service marks, trade names, logos, or trade dress that appear on or in connection with the Services are the property of Malla. You may not use any such marks without Malla’s prior written permission. Other product and company names mentioned through the Services may be trademarks of their respective owners.
Links to Third-Party Sites and Services
The Services may contain links to or integrations with third-party websites, products, or services that are not owned or controlled by Malla. Malla has no control over and assumes no responsibility for the content, privacy policies, security practices, or operations of any third-party websites or services.
Your use of third-party websites, products, or services is at your own risk and is subject to the terms and conditions and privacy policies of those third parties. Malla is not liable for any damage or loss arising out of or related to your use of or reliance on any third-party content, products, or services.
Account Access by Malla Personnel
From time to time, it may be necessary for authorized Malla personnel to access your Account and associated content on a strictly as-needed basis, for example, to diagnose an issue, provide support, or maintain the security and performance of the Services. By contacting our support teams or using the Services, you acknowledge that Malla personnel may access your Account as reasonably necessary to respond to your requests and to operate and support the Services.
Malla personnel who access your Account will do so in accordance with applicable privacy, security, and confidentiality requirements. If you wish to receive assistance without granting such access, please specify that in your communication with our support teams, and we will honor such requests to the extent feasible.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. MALLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Without limiting the foregoing, Malla does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. Any material or data obtained through the Services is accessed at your own discretion and risk, and you are solely responsible for any damage to your systems or loss of data that results.
Any general information provided through the Services is for informational purposes only and is not intended as, and does not constitute, legal, financial, or medical advice.
Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MALLA OR ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MALLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, MALLA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNTS PAID BY YOU TO MALLA FOR ACCESS TO AND USE OF THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties, so some of the above limitations may not apply to you. In such cases, Malla’s liability will be limited to the fullest extent permitted by applicable law.
If you have a dispute with another user, a third-party vendor, an integration partner, or any other third party that you interact with via the Services, you release Malla and its officers, directors, agents, subsidiaries, and employees from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way related to such dispute. If you are a California resident, you waive California Civil Code § 1542 which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”.
Indemnification
You will defend, indemnify, and hold harmless Malla, its officers, directors, employees, agents, successors, and assigns from and against any third-party claims, demands, actions, or proceedings (each, a “Claim”), and all related losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your Customer Content; (d) your use of any information obtained through the Services; (e) any unauthorized use, access, or distribution of the Services by you or under your Account; or (f) any violation of privacy, data protection, or other rights related to information submitted under your Account, except to the extent such Claim is caused by Malla’s gross negligence or willful misconduct.
Malla will promptly notify you of any Claim for which it seeks indemnification, and you will cooperate with Malla in the defense and settlement of such Claim. Malla may participate in the defense with its own counsel at its own expense.
Arbitration, Jury Trial Waiver, and Class Action Waiver
Informal Resolution
Before initiating arbitration or litigation in small claims court, the parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiation between individuals with authority to resolve the dispute. This informal dispute resolution process is a condition precedent to commencing arbitration or a small claims action. Any applicable limitations period will be tolled while the parties engage in this process.
For disputes with Malla, you must first send a written notice containing your name, contact information, sufficient information for Malla to identify any relevant Account or transaction, a description of the dispute, and the relief sought to support@malla.co. You and Malla agree to negotiate in good faith about the dispute, including through an individualized telephone conference if requested. If the dispute is not resolved within sixty (60) days after Malla receives your notice, either party may initiate arbitration (or small claims proceedings, if applicable).
Agreement to Arbitrate
You and Malla agree that any and all disputes, claims, or controversies between you and Malla or its employees, agents, affiliates, subsidiaries, successors, or assigns (collectively, “Disputes”) arising out of or relating to these Terms or your use of the Services will be resolved by binding and confidential arbitration, except that either party may elect to have a Dispute heard in small claims court if it qualifies.
YOU AND MALLA UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MALLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
Arbitration Procedures
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The tribunal will consist of a single arbitrator. The arbitration will take place in New York, New York, United States, or, if that location is not feasible, in another mutually agreed location. The arbitration proceedings will be conducted in English. Judgment on the arbitral award may be entered in any court having jurisdiction.
Waiver of Class or Consolidated Actions
YOU AND MALLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable with respect to a particular Dispute, and the AAA’s applicable rules do not otherwise permit arbitration to proceed on a class or representative basis, then that Dispute must be resolved in court rather than in arbitration.
Opt-Out
You may opt out of the arbitration provisions of these Terms by sending a written notice of your decision to opt out to:
Malla Ventures, Inc.Attn: Legal1968 S. Coast Hwy #324Laguna Beach, CA 92651
Your opt-out notice must be postmarked within thirty (30) calendar days of first accepting these Terms and must include: (i) your name and residence address; (ii) the email address and/or telephone number associated with your Account; and (iii) a clear statement that you wish to opt out of the arbitration provisions in these Terms.
Governing Law
These Terms and any Dispute arising out of or in connection with your use of the Site or the Services, or relating to these Terms, will be governed by and construed in accordance with the laws of the State of New York and the United States, without regard to conflict of laws principles. Subject to the arbitration provisions above, venue for any permitted court proceeding will lie in the state or federal courts located in the Southern District of New York, and you and Malla consent to the personal jurisdiction of such courts.
Privacy Policy
Malla respects the privacy of its customers and users. Please refer to Malla’s Privacy Policy (available at https://care.malla.co/privacy) for information on how we collect, use, disclose, and protect information in connection with the Services. By accessing or using the Services, you also agree to our Privacy Policy.
Restriction of Access
Malla may terminate or suspend your access to the Site and/or the Services, in whole or in part, at any time and for any reason or no reason, including if Malla determines that you have violated these Terms; provided false, inaccurate, or incomplete information; or engaged in conduct that harms or could harm Malla’s rights, interests, or reputation. Upon termination, you must cease all use of the Services and destroy all materials obtained from the Services and all copies thereof.
General Terms
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Any failure by Malla to enforce any provision of these Terms will not constitute a waiver of such provision or any other provision.
You agree that any claim you may have arising out of or related to your relationship with Malla or these Terms must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred, to the fullest extent permitted by law.
Malla may assign or delegate these Terms and/or its Privacy Policy, in whole or in part, to any person or entity at any time with or without notice to you. You may not assign or delegate any rights or obligations under these Terms without Malla’s prior written consent, and any unauthorized assignment or delegation is void.
Malla may provide notices to you and obtain your consent (where required) through the Services (including via your Account), by email to the email address associated with your Account, or by written mail communication to the address associated with your Account. You must send all notices required or permitted under these Terms to Malla using the contact details provided in these Terms.
Malla may send you communications related to billing, Account verification, platform and Services training, surveys or feedback requests, marketing and promotions, and administrative announcements (including regarding these Terms or security or privacy matters). You may opt out of certain marketing or non-essential communications where permitted by law, but you may not opt out of communications that are transactional, security-related, or otherwise legally required.
Contact Us
If you have questions about these Terms or the Services, please contact us at:
Email: support@malla.co
Mailing address:Malla Ventures, Inc.Attn: Legal1968 S. Coast Hwy #324Laguna Beach, CA 92651
Terms of Service
Updated March 18 2026
CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING THE SITE OR SERVICES
These Terms of Service (the “Terms”) constitute a binding agreement between Malla Ventures, Inc. and its affiliates and subsidiaries (collectively, “Malla,” “Company,” “we,” “us,” or “our”) and the customer entity or individual accepting these Terms (“Customer,” “you,” or “your”). The platform and tools offered by and on malla.co and care.malla.co (the “Site”) and our related services, products, applications, features, and content, including our electronic health record ("EHR") platform, practitioner portal, and related practice management tools, are collectively called the “Services.” The Services are designed for use by licensed healthcare practitioners, clinicians, and other authorized professionals (collectively, “Practitioners”) in connection with their professional practice operations.
If you have entered into a separate written customer, order, or services agreement with Malla (a “Customer Agreement”) that is signed by both you and Malla, that Customer Agreement will govern to the extent it conflicts with these Terms. Otherwise, these Terms govern your access to and use of the Services.
Acceptance of Terms
These Terms describe your legal rights and responsibilities. By accessing or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
About the Services
The Services provide Practitioners and healthcare organizations with a platform to:
● Access and utilize EHR and practice management tools;
● Manage patient records, documentation, and clinical workflows; and
● Integrate with other healthcare systems and tools as part of practice operations.
You may use the Services only in accordance with these Terms and applicable law, and you may not use the Services for any unlawful, fraudulent, or infringing purpose, or in a manner that violates the rights of Malla or any third party.
Access and Accounts
Subject to your continued compliance with these Terms, Malla grants you a limited right to access and use the Services for your internal business purposes. To access and use all or part of the Services, you must register and create an account (an “Account”). You agree that:
● All registration information you provide will be accurate, current, and complete, including any applicable professional licensure or credentialing information;
● You will promptly update your information as needed to keep it accurate and complete; and
● You have the authority to bind any organization on whose behalf you are using the Services.
Your access credentials (such as username and password) are personal to you and may not be shared with any other person or entity. You are responsible for maintaining the security of your Account and credentials and for all activities that occur under your Account. You must promptly notify Malla of any suspected or actual unauthorized access to or use of your Account.
Malla may immediately suspend or terminate your Account and access to the Services if you violate these Terms or if Malla reasonably suspects a violation. Upon termination of your Account, your access to the Services will end immediately.
The Services are intended for use by Practitioners and authorized representatives of healthcare organizations. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms and to bind any organization on whose behalf you use the Services.
Changes to the Terms
We may update or modify the Services, our policies, and these Terms from time to time. We will indicate the date of the latest update at the top of these Terms. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.
Online Content Disclaimer
Information, recommendations, opinions, or other materials provided through the Services, excluding those originating directly from Malla, reflect the views of their respective authors and not necessarily those of Malla. These authors are solely responsible for their content.
Malla does not guarantee the accuracy, completeness, or usefulness of any content available through the Services, nor does it endorse or assume any responsibility for any opinion, recommendation, or statement made by anyone other than Malla. Malla disclaims all liability arising from your reliance on any content or materials available via the Services.
You acknowledge that you are solely responsible for verifying the accuracy, completeness, and appropriateness of any information obtained through the Services before relying on it in connection with patient care, clinical decision-making, or practice operations.
Not Medical Advice
The Services are intended to support Practitioners and healthcare organizations in their operations, including documentation, record-keeping, and workflow management. The Services and any related content do not constitute and are not a substitute for medical, diagnostic, or treatment advice or recommendations.
All clinical decisions, including diagnosis, treatment planning, prescribing, and patient management, are solely the responsibility of the Practitioner or healthcare organization. Malla does not practice medicine or any other licensed profession, and nothing in the Services is intended to create a provider-patient relationship between Malla and any individual.
Reliance on any information generated by, stored in, or accessed through the Services for clinical purposes is at the Practitioner’s or organization’s own risk. To the maximum extent not prohibited by law, Malla will not be liable for any clinical outcomes, patient harm, or other consequences arising from clinical decisions made in connection with the use of the Services.
Use of Artificial Intelligence
Malla offers certain features within the Services that are powered by machine-learning models, including large language models (collectively, “AI Features”). AI Features may include, for example, documentation assistance, draft note generation, summarization, and chatbot functionality designed to help Practitioners and organizations navigate and use the Services.
The AI Features are part of the Services and process information in the same general manner and for the same purposes as our other technology components, as described in these Terms, our Privacy Policy, and any applicable business associate agreement. We do not grant any third-party AI vendor the right to use Customer data for its own independent purposes beyond providing services to Malla.
Your Responsibilities in Using AI Features
● No clinical advice. AI Features do not provide medical advice, diagnoses, or treatment recommendations. Any outputs (including suggested language, summaries, or responses) are for informational and workflow-support purposes only. All clinical decisions and patient care remain solely your responsibility.
● Limitations and errors. AI Features may be incomplete, inaccurate, outdated, inconsistent, or misleading, and may generate content that appears plausible but is factually incorrect or not clinically appropriate (sometimes referred to as “hallucinations”). They may also reflect or amplify biases present in underlying data.
● Professional review required. You are solely responsible for carefully reviewing, verifying, and validating any AI-generated output before relying on it in connection with patient care, documentation, or any other practice operations. You must exercise independent professional judgment at all times.
● Security and privacy. Malla implements administrative, technical, and physical safeguards designed to protect information processed by AI Features. AI Features are subject to the same privacy and security controls that apply to the rest of the Services, including any applicable business associate agreement.
To the maximum extent not prohibited by law, Malla disclaims any liability for clinical outcomes, patient harm, business losses, or other consequences arising from your use of, or reliance on, AI-generated output in connection with patient care or practice operations.
Subscription and Payments
The Services are provided on a subscription basis (“Subscription”). You agree to pay all fees for the Services in accordance with the applicable fee schedule set forth in your Customer Agreement or as otherwise communicated to you by Malla, and you authorize Malla (and its payment processors) to charge your designated payment method for all such fees as they become due.
Fees are due and payable regardless of your level of actual usage or login activity. Unless otherwise specified, you will be billed in advance on a recurring monthly basis (each, a “Billing Cycle”). At the end of each Billing Cycle, your Subscription will automatically renew under the same terms unless you cancel your Subscription or Malla cancels it.
You may cancel your Subscription renewal through your online account management page or by emailing support@malla.co, in each case subject to any notice or minimum commitment terms set forth in your Customer Agreement. Except as expressly stated in your Customer Agreement, all fees are non-refundable.
Additional Fees
Malla may charge additional fees not set forth in your primary fee schedule for certain optional or exception-based services, such as implementation, custom configuration, data migration, integrations, or other add-on services, as communicated to you during setup or through the Services.
If automatic billing fails for any reason, Malla may issue an electronic invoice and you must pay the full amount by the stated due date.
Fee Changes
Malla may modify Subscription fees and other charges from time to time. Any change to Subscription fees will become effective at the start of the next Billing Cycle. Malla will provide reasonable prior notice of any fee increase so that you may choose to terminate your Subscription before it becomes effective. Your continued use of the Services after the fee change takes effect constitutes your agreement to pay the modified fees.
Taxes
Except for certain state sales taxes noted on Customer invoices, Malla’s fees do not include taxes, levies, or similar governmental assessments (“Taxes”). You are responsible for all Taxes associated with your Subscription and use of the Services, other than taxes based on Malla’s own income, property, or employees.
Use Restrictions
You represent and warrant that you are a duly licensed or credentialed healthcare Practitioner, or an authorized representative of a healthcare practice or organization, and that you have the legal authority to bind any individual or organization on whose behalf you are accessing or using the Services.
Subject to your ongoing compliance with these Terms, Malla grants you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access and use the Services solely for your internal business purposes and in accordance with these Terms and the Customer Agreement (if any).
You shall not, directly or indirectly:
● Share your Account credentials with another individual or entity, or otherwise make the Services available to anyone other than authorized users under your Account;
● Sell, resell, rent, or lease the Services, or use the Services to provide services to third parties other than in connection with your own practice or organizational operations;
● Use the Services to store or transmit unsolicited marketing communications or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including privacy or intellectual property rights);
● Interfere with or disrupt the integrity, performance, or security of the Services or related systems;
● Attempt to gain unauthorized access to the Services or related systems or networks;
● Modify, copy, or create derivative works based on the Services or any part, feature, function, or user interface, except as expressly permitted by Malla in writing;
● Disassemble, reverse engineer, or decompile the Services except to the limited extent permitted by applicable law notwithstanding contractual prohibitions;
● Remove or modify any proprietary markings or restrictive legends in the Services; or
● Access or use the Services to build or enhance a competitive product or service.
Customer Content
You are solely responsible for all information, data, text, patient records, or other materials or content that you or your users submit to, store in, or make available via the Services (“Customer Content”). Malla is not responsible or liable for Customer Content, except as expressly set forth in these Terms or in an applicable Customer Agreement or business associate agreement.
You represent and warrant that:
● You have obtained all necessary authorizations, consents, and permissions required under applicable law (including, as applicable, HIPAA and other privacy and data protection laws) to submit Customer Content to the Services and to permit Malla to process such Customer Content as described in these Terms, our Privacy Policy, and any applicable business associate agreement;
● Your Customer Content does not and will not violate these Terms or any applicable law or third-party right; and
● You will not submit Customer Content that is unlawful, defamatory, obscene, offensive, infringing, or otherwise inappropriate, or that contains the personal information of any individual without proper authorization.
When you or your users submit, store, or make Customer Content available through the Services, you grant Malla a worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable non-exclusive license to use, reproduce, modify, distribute, display, and perform such Customer Content as reasonably necessary to provide, secure, support, and improve the Services and to fulfill Malla’s obligations under these Terms, the Customer Agreement, and any applicable business associate agreement.
Malla acts as a passive conduit for the online storage and management of Customer Content. Malla reserves the right, but has no obligation, to remove or suspend access to any Customer Content at its discretion, including if we believe it violates these Terms or applicable law.
Although Malla has no obligation to monitor Customer Content, we may monitor, access, and use Customer Content as necessary to operate, maintain, secure, and improve the Services, to comply with law or legal process, or to respond to your support requests.
Monitoring and Enforcement
We may, in our sole discretion:
● Take any action with respect to Customer Content that we deem necessary or appropriate, including if we believe it violates these Terms, infringes any intellectual property or other rights, threatens the safety of any person, or could create liability for Malla;
● Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services; and
● Terminate or suspend your access to all or part of the Services for any or no reason, including any violation of these Terms.
We may cooperate with law enforcement or regulatory authorities, or comply with a court order, requesting or directing us to disclose the identity or other information of anyone posting or transmitting any materials via the Services. You waive and hold harmless Malla and its affiliates, licensees, and service providers from any claims resulting from any action taken in connection with such investigations or legal processes.
Intellectual Property
As between you and Malla, all right, title, and interest in and to the Services, including all content, software, technology, documentation, and the overall “look and feel” of the Services, are owned by Malla or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Except for the limited rights expressly granted in these Terms, no license or other rights are granted to you, by implication, estoppel, or otherwise, in or to any intellectual property owned or controlled by Malla or its licensors. You must not copy, modify, distribute, transmit, display, perform, or create derivative works from any content, information, or materials available through the Services, except as expressly permitted by these Terms or by Malla in writing.
Any Malla trademarks, service marks, trade names, logos, or trade dress that appear on or in connection with the Services are the property of Malla. You may not use any such marks without Malla’s prior written permission. Other product and company names mentioned through the Services may be trademarks of their respective owners.
Links to Third-Party Sites and Services
The Services may contain links to or integrations with third-party websites, products, or services that are not owned or controlled by Malla. Malla has no control over and assumes no responsibility for the content, privacy policies, security practices, or operations of any third-party websites or services.
Your use of third-party websites, products, or services is at your own risk and is subject to the terms and conditions and privacy policies of those third parties. Malla is not liable for any damage or loss arising out of or related to your use of or reliance on any third-party content, products, or services.
Account Access by Malla Personnel
From time to time, it may be necessary for authorized Malla personnel to access your Account and associated content on a strictly as-needed basis, for example, to diagnose an issue, provide support, or maintain the security and performance of the Services. By contacting our support teams or using the Services, you acknowledge that Malla personnel may access your Account as reasonably necessary to respond to your requests and to operate and support the Services.
Malla personnel who access your Account will do so in accordance with applicable privacy, security, and confidentiality requirements. If you wish to receive assistance without granting such access, please specify that in your communication with our support teams, and we will honor such requests to the extent feasible.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. MALLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Without limiting the foregoing, Malla does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. Any material or data obtained through the Services is accessed at your own discretion and risk, and you are solely responsible for any damage to your systems or loss of data that results.
Any general information provided through the Services is for informational purposes only and is not intended as, and does not constitute, legal, financial, or medical advice.
Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MALLA OR ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MALLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, MALLA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNTS PAID BY YOU TO MALLA FOR ACCESS TO AND USE OF THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties, so some of the above limitations may not apply to you. In such cases, Malla’s liability will be limited to the fullest extent permitted by applicable law.
If you have a dispute with another user, a third-party vendor, an integration partner, or any other third party that you interact with via the Services, you release Malla and its officers, directors, agents, subsidiaries, and employees from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way related to such dispute. If you are a California resident, you waive California Civil Code § 1542 which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”.
Indemnification
You will defend, indemnify, and hold harmless Malla, its officers, directors, employees, agents, successors, and assigns from and against any third-party claims, demands, actions, or proceedings (each, a “Claim”), and all related losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your Customer Content; (d) your use of any information obtained through the Services; (e) any unauthorized use, access, or distribution of the Services by you or under your Account; or (f) any violation of privacy, data protection, or other rights related to information submitted under your Account, except to the extent such Claim is caused by Malla’s gross negligence or willful misconduct.
Malla will promptly notify you of any Claim for which it seeks indemnification, and you will cooperate with Malla in the defense and settlement of such Claim. Malla may participate in the defense with its own counsel at its own expense.
Arbitration, Jury Trial Waiver, and Class Action Waiver
Informal Resolution
Before initiating arbitration or litigation in small claims court, the parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiation between individuals with authority to resolve the dispute. This informal dispute resolution process is a condition precedent to commencing arbitration or a small claims action. Any applicable limitations period will be tolled while the parties engage in this process.
For disputes with Malla, you must first send a written notice containing your name, contact information, sufficient information for Malla to identify any relevant Account or transaction, a description of the dispute, and the relief sought to support@malla.co. You and Malla agree to negotiate in good faith about the dispute, including through an individualized telephone conference if requested. If the dispute is not resolved within sixty (60) days after Malla receives your notice, either party may initiate arbitration (or small claims proceedings, if applicable).
Agreement to Arbitrate
You and Malla agree that any and all disputes, claims, or controversies between you and Malla or its employees, agents, affiliates, subsidiaries, successors, or assigns (collectively, “Disputes”) arising out of or relating to these Terms or your use of the Services will be resolved by binding and confidential arbitration, except that either party may elect to have a Dispute heard in small claims court if it qualifies.
YOU AND MALLA UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MALLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
Arbitration Procedures
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The tribunal will consist of a single arbitrator. The arbitration will take place in New York, New York, United States, or, if that location is not feasible, in another mutually agreed location. The arbitration proceedings will be conducted in English. Judgment on the arbitral award may be entered in any court having jurisdiction.
Waiver of Class or Consolidated Actions
YOU AND MALLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable with respect to a particular Dispute, and the AAA’s applicable rules do not otherwise permit arbitration to proceed on a class or representative basis, then that Dispute must be resolved in court rather than in arbitration.
Opt-Out
You may opt out of the arbitration provisions of these Terms by sending a written notice of your decision to opt out to:
Malla Ventures, Inc.Attn: Legal1968 S. Coast Hwy #324Laguna Beach, CA 92651
Your opt-out notice must be postmarked within thirty (30) calendar days of first accepting these Terms and must include: (i) your name and residence address; (ii) the email address and/or telephone number associated with your Account; and (iii) a clear statement that you wish to opt out of the arbitration provisions in these Terms.
Governing Law
These Terms and any Dispute arising out of or in connection with your use of the Site or the Services, or relating to these Terms, will be governed by and construed in accordance with the laws of the State of New York and the United States, without regard to conflict of laws principles. Subject to the arbitration provisions above, venue for any permitted court proceeding will lie in the state or federal courts located in the Southern District of New York, and you and Malla consent to the personal jurisdiction of such courts.
Privacy Policy
Malla respects the privacy of its customers and users. Please refer to Malla’s Privacy Policy (available at https://care.malla.co/privacy) for information on how we collect, use, disclose, and protect information in connection with the Services. By accessing or using the Services, you also agree to our Privacy Policy.
Restriction of Access
Malla may terminate or suspend your access to the Site and/or the Services, in whole or in part, at any time and for any reason or no reason, including if Malla determines that you have violated these Terms; provided false, inaccurate, or incomplete information; or engaged in conduct that harms or could harm Malla’s rights, interests, or reputation. Upon termination, you must cease all use of the Services and destroy all materials obtained from the Services and all copies thereof.
General Terms
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Any failure by Malla to enforce any provision of these Terms will not constitute a waiver of such provision or any other provision.
You agree that any claim you may have arising out of or related to your relationship with Malla or these Terms must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred, to the fullest extent permitted by law.
Malla may assign or delegate these Terms and/or its Privacy Policy, in whole or in part, to any person or entity at any time with or without notice to you. You may not assign or delegate any rights or obligations under these Terms without Malla’s prior written consent, and any unauthorized assignment or delegation is void.
Malla may provide notices to you and obtain your consent (where required) through the Services (including via your Account), by email to the email address associated with your Account, or by written mail communication to the address associated with your Account. You must send all notices required or permitted under these Terms to Malla using the contact details provided in these Terms.
Malla may send you communications related to billing, Account verification, platform and Services training, surveys or feedback requests, marketing and promotions, and administrative announcements (including regarding these Terms or security or privacy matters). You may opt out of certain marketing or non-essential communications where permitted by law, but you may not opt out of communications that are transactional, security-related, or otherwise legally required.
Contact Us
If you have questions about these Terms or the Services, please contact us at:
Email: support@malla.co
Mailing address:Malla Ventures, Inc.Attn: Legal1968 S. Coast Hwy #324Laguna Beach, CA 92651