The agreement between Pace and the practices that use it.

By creating a Pace account, signing the Business Associate Agreement (BAA), or using the Pace platform, you (“Customer,” “you”) agree to these Terms of Service. Pace by NeuroMotive, LLC (“Pace,” “we”) provides the platform; the Customer is responsible for use in accordance with HIPAA, state law, and professional licensing requirements.

Pace is software that helps US-licensed psychiatric clinicians document the work they do between patient visits — passive monitoring data, clinician review time, billing-cycle reporting — to support Remote Therapeutic Monitoring (RTM) billing under CMS CPT codes 98975, 98977, 98978, 98979, 98980, 98981, and 98986. Pace does not provide clinical care, make clinical decisions, or replace clinical judgment. The treating clinician is solely responsible for all clinical decisions and the quality of care provided to their patients.

Pace operates as a Business Associate to each Customer (Covered Entity) under HIPAA. A Business Associate Agreement is signed with each Customer account at signup and is incorporated by reference into these Terms. To the extent of any conflict between these Terms and the BAA on matters of PHI handling, the BAA controls.

Pace subscriptions are month-to-month at the plan rate selected by the Customer (Small, Mid, Large, or Pay-as-you-go). The first month is offered at 50% off the standard plan rate as a promotional discount. Renewal is automatic at the standard rate each subsequent month until cancellation.

Customer may cancel at any time from the dashboard's billing portal. Cancellation takes effect at the end of the then-current billing period; no prorated refunds for unused time. The Customer remains responsible for any unpaid invoices accrued before cancellation.

Plan upgrades are pro-rated mid-cycle; the new plan rate is charged immediately for the prorated remainder and the standard rate applies thereafter. Plan downgrades take effect at the start of the next billing period.

Payment processing is handled by Stripe, Inc. Pace never sees or stores Customer payment card details.

The Customer is responsible for obtaining all required patient consents before enrolling them in Pace, including but not limited to: HIPAA authorization, RTM consent under CMS rules, consent for any communications (email, SMS), and any state-specific telehealth or mental-health-data consents.

Pace provides patient-facing consent surfaces in the app to support the documentation of consent, but the Customer is responsible for the underlying clinical and ethical assurance that consent was obtained.

Program name: Pace Patient Reminders.

Program description: Pace sends SMS reminders to patients who have opted in. Messages prompt patients to complete a daily mood and sleep check-in, a weekly mood (PHQ-9) or anxiety (GAD-7) instrument, or to view a reflection generated for them by Pace. Messages always contain a magic link to the Pace web app and a generic reminder; no protected health information appears in the SMS body.

Message frequency: Up to 3 messages per day per patient (typical: 1 per day). Maximum 14 messages per patient per week under normal use.

Message and data rates: Message and data rates may apply per the patient's mobile carrier plan. Pace does not charge patients for SMS.

Opt-in: Patients opt in to SMS through the Pace web app at patient.pace.neuromotive.health during onboarding, and verbally to their treating clinician as part of the RTM consent process. Patients can also opt in or back in by texting START to the Pace number.

Opt-out: Reply STOP to opt out of all SMS at any time. Opt-out is processed immediately by the SMS provider (Twilio). Opting out of SMS does not end Pace enrollment; email reminders continue unless also disabled.

Help: Reply HELP for help. The patient receives an auto-reply with contact information.

Support contact: SMS-related questions go to hello@neuromotive.health.

SMS is delivered via Twilio, Inc., a HIPAA-eligible Business Associate. Patient phone numbers are never sold or used for any purpose other than the Pace Patient Reminders program described above.

• Maintain accurate clinician identity (NPI, DEA, state license) and update Pace promptly upon any change.
• Use the platform only with patients you are licensed and credentialed to treat in the state where the patient resides.
• Exercise clinical judgment on all alerts and trends surfaced by Pace; Pace is documentation and decision-support, not a clinical decision-maker.
• Document all patient consents you collect on behalf of your practice.
• Notify Pace promptly of any suspected breach or security incident involving Pace data.

Pace may be used only by US-licensed psychiatric clinicians and their authorized staff, for the purpose of documenting RTM activity for billing under CMS rules. Pace may not be used to:

• Provide care to patients you are not credentialed to treat.
• Bill CMS for activity that did not actually occur or that does not meet CMS RTM documentation requirements.
• Share patient credentials or impersonate a patient.
• Probe or attempt to access data outside your assigned scope.

Pace is provided “as is.” To the maximum extent permitted by law, Pace disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Pace does not warrant that the service will be uninterrupted or error-free.

Pace is not a substitute for clinical judgment. The Customer remains the licensed care provider and is solely responsible for all clinical decisions made with the assistance of Pace data.

To the maximum extent permitted by law, Pace's aggregate liability arising out of or related to these Terms or the use of the service is limited to the fees paid by the Customer to Pace in the twelve months preceding the event giving rise to the claim. Pace is not liable for indirect, consequential, incidental, or special damages.

Either party may terminate the agreement at any time upon written notice. Upon termination: (a) Customer's access to the dashboard ends at the close of the current billing period; (b) Customer's patient data is retained for the period required by HIPAA and the BAA, then disposed of or returned per the BAA; (c) outstanding invoices remain due.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute will be resolved in the courts located in New York County, New York, or in arbitration as provided below.

Pace may update these Terms from time to time. Material changes will be communicated to Customers via email at least 30 days before they take effect. Continued use of Pace after the effective date constitutes acceptance.

Questions about these Terms or the SMS program: hello@neuromotive.health.

NeuroMotive, LLC
Pace by NeuroMotive
pace.neuromotive.health