Introduction These Terms and Conditions govern the use of the HIPAA-compliant practice management software (“Software”) provided by [Agency Name] (“Agency”). By using the Software, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Software.
License The Agency grants you a limited, non-exclusive, non-transferable license to use the Software solely for your personal or internal business use. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof.
HIPAA Compliance The Software is designed to be compliant with the Health Insurance Portability and Accountability Act (“HIPAA”). You acknowledge that HIPAA requires the implementation of administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and availability of electronic protected health information (“ePHI”). You agree to use the Software in accordance with HIPAA requirements and to implement the necessary safeguards to protect ePHI.
Confidentiality You agree to maintain the confidentiality of all login credentials, including passwords and access codes, used to access the Software. You are responsible for all activities that occur under your login credentials. You must notify the Agency immediately of any unauthorized use of your login credentials.
Proprietary Rights The Software and all intellectual property rights therein are and will remain the exclusive property of the Agency and its licensors. The Software is protected by copyright and other intellectual property laws. You acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Warranties and Disclaimers The Agency provides the Software “as is” and makes no warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. The Agency does not warrant that the Software will meet your requirements, that the Software will be error-free, or that the operation of the Software will be uninterrupted.
Limitation of Liability The Agency will not be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, arising out of the use of or inability to use the Software, even if the Agency has been advised of the possibility of such damages.
Termination The Agency may terminate this agreement at any time without notice if you breach any of the terms of these Terms and Conditions. Upon termination, you must destroy all copies of the Software.
Governing Law These Terms and Conditions are governed by the laws of the Arizona and the laws of the United States, without reference to conflict of law principles.
Entire Agreement These Terms and Conditions constitute the entire agreement between you and the Agency regarding the use of the Software and supersedes all prior agreements and understandings, whether written or oral, relating to the use of the Software.
Changes to Terms and Conditions The Agency reserves the right to change these Terms and Conditions at any time. Your continued use of the Software following any changes indicates your acceptance of the new Terms and Conditions.
Assignment You may not assign these Terms and Conditions or transfer any rights to use the Software without the prior written consent of the Agency. Any attempted assignment without such consent will be null and void. The Agency may assign these Terms and Conditions or transfer any rights to use the Software without your prior written consent.
Severability If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver The failure of either party to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.
Notice Any notice required or permitted under these Terms and Conditions shall be in writing and shall be delivered by email to the email address provided by you.