Terms of Service

1. Acceptance of Terms

By creating an account and using the Patientevity Electronic Health Records (EHR) system ("Service"), you ("User," "You," or "Your") agree to be bound by these Terms of Service ("Agreement"). If you are creating an account on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement.

If you do not agree to these terms, you may not access or use the Service.

2. Definitions

• "Service" means the Patientevity EHR platform, including all software, applications, features, and related services provided by Patientevity LLC.
• "Protected Health Information" or "PHI" means individually identifiable health information as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.
• "Organization" means the healthcare practice, clinic, hospital, or other entity for which you are creating an account.
• "User Data" means all data, information, and content that you or your authorized users input, upload, or transmit through the Service, including PHI.

3. License Grant and Restrictions

Subject to your compliance with this Agreement, Patientevity LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal healthcare operations.

You agree NOT to:

• Reverse engineer, decompile, or disassemble the Service
• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the Service or related systems
• Remove, alter, or obscure any proprietary notices from the Service
• Use the Service to transmit any viruses, malware, or harmful code
• Share your account credentials with unauthorized individuals
• Access the Service through automated means (bots, scripts) without written permission

4. User Responsibilities and Conduct

You agree to:

• Provide accurate and complete information during registration
• Maintain the accuracy of your account information
• Use the Service only for its intended healthcare purposes
• Comply with all applicable federal, state, and local laws and regulations
• Obtain all necessary consents and authorizations from patients
• Immediately report any unauthorized access or security incidents

You are solely responsible for all activities conducted through your account and for ensuring that your use of the Service complies with applicable healthcare regulations, including but not limited to HIPAA, state privacy laws, and professional licensing requirements.

5. Subscription and Billing

The Service is offered on a subscription basis. You agree to pay all applicable fees according to your selected plan.

Free Trial

If you sign up for a free trial, you will have access to the Service for the trial period specified during registration. At the end of the trial period, your access will be suspended unless you subscribe to a paid plan.

Paid Subscriptions

For paid plans, you authorize Patientevity LLC to charge your selected payment method on a recurring basis according to your billing cycle. Subscription fees are billed in advance and are non-refundable except as required by law.

Fee Changes

Patientevity LLC reserves the right to modify subscription fees with at least 30 days' notice. Continued use of the Service after the effective date of fee changes constitutes acceptance of the new fees.

Late Payments

Failure to pay subscription fees may result in suspension or termination of your access to the Service.

6. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content, is the property of Patientevity LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not:

• Use Patientevity trademarks or branding without written permission
• Copy, modify, or create derivative works of the Service
• Frame or mirror any part of the Service
• Use any proprietary information or interfaces without authorization

7. Warranties and Disclaimers

8. Limitation of Liability

9. Indemnification

You agree to indemnify, defend, and hold harmless Patientevity LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use or misuse of the Service
• Your violation of this Agreement
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any clinical decisions or patient care you provide

10. Termination

You may terminate this Agreement at any time by:

• Canceling your subscription through your account settings
• Providing written notice to support@patientevity.com

Patientevity LLC may suspend or terminate your access immediately, without notice, if:

• You violate this Agreement
• Your account remains unpaid for more than 30 days
• We are required to do so by law
• We discontinue the Service (with 90 days' notice)

Upon termination:

• Your right to use the Service immediately ceases
• You remain responsible for all fees incurred up to the termination date
• You must export your User Data within 30 days
• Provisions regarding data ownership, confidentiality, and limitations of liability survive termination

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Delaware, without regard to conflict of law provisions.

Any disputes arising from this Agreement shall be resolved through:

1. Good faith negotiations between the parties
2. Mediation, if negotiations fail
3. Binding arbitration under the American Arbitration Association rules, if mediation fails

You agree to waive any right to a jury trial or to participate in a class action lawsuit. Notwithstanding the foregoing, either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

12. General Provisions

• Entire Agreement: This Agreement, together with the Business Associate Agreement and Privacy Policy, constitutes the entire agreement between you and Patientevity LLC.
• Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full effect.
• Waiver: The failure of Patientevity LLC to enforce any right or provision will not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer this Agreement without prior written consent. Patientevity LLC may assign this Agreement without restriction.
• Force Majeure: Patientevity LLC is not liable for any failure or delay in performance due to circumstances beyond its reasonable control.

13. Contact Information

For questions about this Agreement or the Service, please contact: