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Terms of Service

Last updated November 28, 2023

Summary

PracticeVital Inc. operates the PracticeVital service, which we hope you use. If you use it, please use it responsibly.

For paid accounts, you'll be charged on a monthly basis. You can cancel anytime, but there are no refunds.

The Terms of Service, PracticeVital features, and our prices can change at any time. We'll warn you 30 days in advance of any price changes. We'll try to warn you about major changes to the Terms of Service or PracticeVital features, but we make no guarantees.

That's the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether or not you have created an account).

Your Agreement with PracticeVital Inc.

Your use of the PracticeVital Inc. service is governed by this agreement (the "Terms"). The "Service" means the services PracticeVital Inc. makes available including our web sites (https://www.practicevital.com and https://app.practicevital.com), and any other software, sites, and services offered by PracticeVital Inc. in connection to any of those. "Customer EHR Data" means any data you share with PracticeVital Inc. from Your Electronic Health Record software, via direct access or otherwise, including but not limited to Protected Health Information, for the purpose of using the Service. “User Data” means any data you provide to PracticeVital Inc. for the purpose of using the Service. "Content" means all content generated by PracticeVital Inc. on your behalf (including metrics data).

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using the Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Service. If you do not agree to the Terms, you are not authorized to use the Service. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Service on behalf of that entity.

PracticeVital Inc. may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, PracticeVital Inc. will treat Your use as acceptance of the updated Terms.

If you have any questions about the Terms, please contact us at support@practicevital.com.

Your Account

  • You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
  • By registering for an account through the Service, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18).

Use of the Service

  • You must provide accurate and complete registration information any time You register to use the Service.
  • You are responsible for the security of Your passwords and for any use of Your account.
  • Your use of the Service must comply with all applicable laws, regulations and ordinances.
  • You agree to not engage in any activity that interferes with or disrupts the Service.
  • PracticeVital Inc. reserves the right to enforce quotas and usage limits (to any resources) at its sole discretion, with or without notice, which may result in PracticeVital Inc. disabling or throttling your usage of the Service for any amount of time.
  • You may not allow multiple people to use the same account.

Service Policies and Privacy

PracticeVital Inc. is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these terms. Please review the Privacy Policy so you are aware of how we collect and use Your data at https://www.practicevital.com/privacy. You agree to the use of Your data in accordance with PracticeVital Inc.'s privacy policies.

Fees for Use of the Service

  • The Service may be provided to You without charge with certain limits or for a certain "trial" period of time.
  • Usage over this limit (or after the "trial" period) requires Your purchase of the Service.
  • For all purchased resources and services, we will charge Your credit card on a monthly basis.
  • Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for increases or decreases of the number of clinicians, or refunds for months unused with an open account.
  • Charges are solely based on PracticeVital Inc.'s measurements of Your use of the Service, unless otherwise agreed to in writing. When calculating the number of clinicians, PracticeVital Inc. defines a clinician as a user of Your EHR software assigned a role that allows them to conduct appointments with clients and/or other clinicians that is not in a deleted or inactive status. Increases or decreases to the number of clinicians during the current paid up month will be prorated to the day and applied as either credits or additional charges on Your next invoice.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
  • You acknowledge and agree that any credit card and related billing and payment information that You provide to PracticeVital Inc. may be shared by PracticeVital Inc. with companies who work on PracticeVital Inc.'s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to PracticeVital Inc. and servicing Your account.
  • PracticeVital Inc. may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.

Cancellation and Termination

  • You must cancel Your account via https://app.practicevital.com/settings and clicking ‘Manage Plan.’
  • You will not receive any refunds if You cancel Your account.
  • If You cancel the Service before the end of Your current paid up month, You will continue to have access to the Service through the end of the month and You will not be charged again.
  • All of Your Customer EHR Data and Content will, within a reasonable amount of time to be determined solely by PracticeVital Inc., be deleted from the Service upon cancellation.
  • You agree that PracticeVital Inc., in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that PracticeVital Inc. will not be liable to You or any third party for such termination.

Customer EHR Data

  • PracticeVital Inc. will make no use of “Protected Health Information” (“PHI,” as defined by law at 45 C.F.R. § 160.103) except as permitted by this Agreement, the Business Associate Agreement between the parties, and applicable law, including but not limited to the Health Insurance Portability and Accountability Act of 1996, and any implementing regulations, as amended (“HIPAA”).
  • PracticeVital Inc. will make commercially reasonable efforts to maintain the Services in a manner that includes appropriate administrative, technical and physical security measures designed to protect the confidentiality, availability and integrity of Customer EHR Data, including PHI as required by HIPAA.

Ideas and Feedback

You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place PracticeVital Inc. under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Modification of the Service

  • You acknowledge and agree that the Service may change from time to time without prior notice to You.
  • Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
  • PracticeVital Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

External Resources

The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that PracticeVital Inc. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

License from PracticeVital Inc. and Restrictions

PracticeVital Inc. gives You a personal, worldwide, royalty-free, non-assignable, revocable, and non-exclusive license to use the software provided to You by PracticeVital Inc. as part of the Service. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by PracticeVital Inc., in the manner permitted by the Terms.

You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by PracticeVital Inc., in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with PracticeVital Inc. for the use of the components of the Service released under an open source license.

Exclusion of Warranties

  • You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available.".
  • You agree that PracticeVital Inc. has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service.
  • PracticeVital Inc. does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.

Limitation of Liability

You expressly understand and agree that PracticeVital Inc., its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not PracticeVital Inc. has been advised of or should have been aware of the possibility of any such losses arising).

Indemnification

You agree to hold harmless and indemnify PracticeVital Inc., and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "PracticeVital Inc. and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer EHR Data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, PracticeVital Inc. will provide You with written notice of such claim, suit or action.

General Legal Terms

The Terms constitute the whole legal agreement between You and PracticeVital Inc. and govern Your use of the Service and completely replace any prior agreements between You and PracticeVital Inc. in relation to the Service.

You agree that if PracticeVital Inc. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PracticeVital Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of PracticeVital Inc.'s rights and that those rights or remedies will still be available to PracticeVital Inc..

PracticeVital Inc. shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Illinois. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.