Terms of Service

1. Acceptance of Terms

Welcome to ClinosCare. By accessing or using our clinic management platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services. These Terms constitute a legally binding agreement between you and ClinosCare.

2. Description of Service

ClinosCare provides a comprehensive cloud-based clinic management platform that includes:

• Electronic Health Records (EHR) management
• Appointment scheduling and calendar management
• Patient registration and demographics management
• Prescription and e-prescription capabilities
• Billing and invoicing features
• Insurance claims processing
• Reporting and analytics tools
• Patient communication and engagement features

3. User Eligibility

To use ClinosCare, you must:

• Be a licensed healthcare provider, clinic administrator, or authorized staff member
• Be at least 18 years of age
• Have the legal authority to enter into this agreement
• Provide accurate and complete registration information
• Maintain the confidentiality of your account credentials
• Comply with all applicable healthcare laws and regulations

4. Account Registration and Security

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account
• Not share your account credentials with unauthorized persons

5. HIPAA Compliance and BAA

As a Business Associate under HIPAA, ClinosCare agrees to:

• Use and disclose PHI only as permitted by our Business Associate Agreement (BAA)
• Implement appropriate safeguards to protect PHI
• Report any security incidents or breaches as required by law
• Make PHI available to individuals as required under HIPAA
• Return or destroy PHI upon termination of services

Covered entities using ClinosCare must execute a separate BAA, which is incorporated into these Terms by reference.

6. User Responsibilities

As a user of ClinosCare, you are responsible for:

• Ensuring all patient information entered is accurate and complete
• Obtaining proper patient consent for data collection and processing
• Complying with all applicable healthcare laws and regulations
• Maintaining appropriate licenses and credentials
• Using the platform only for lawful purposes
• Not attempting to access unauthorized areas of the system
• Reporting any suspected security vulnerabilities
• Maintaining your own backups of critical data

7. Prohibited Uses

You may not use ClinosCare to:

• Violate any laws, regulations, or third-party rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service or servers
• Impersonate any person or entity
• Collect or harvest user information without consent
• Use the platform for any unlawful or fraudulent purpose
• Reverse engineer or attempt to extract source code

8. Subscription and Payments

Subscription terms:

• Subscriptions are billed in advance on a monthly or annual basis
• Prices are subject to change with 30 days' notice
• Payment is due upon receipt of invoice
• Late payments may result in service suspension
• Refunds are provided only as specified in our refund policy
• You are responsible for all applicable taxes
• Failed payments may result in account termination

9. Service Availability and Support

We strive to maintain 99.9% uptime, but:

• Scheduled maintenance windows may result in brief downtime
• Emergency maintenance may be performed without notice
• We provide customer support during business hours
• Critical issues receive priority support response
• Service level agreements (SLAs) are available for enterprise plans

10. Data Ownership and License

You retain ownership of all data you input into ClinosCare. By using our service, you grant us a limited license to:

• Store and process your data to provide the service
• Perform backups and disaster recovery
• Generate aggregated, anonymized analytics
• Improve our services and develop new features

We will never sell your data or use it for purposes beyond providing and improving our service.

11. Intellectual Property

All intellectual property rights in the ClinosCare platform, including software, designs, logos, and documentation, remain the exclusive property of ClinosCare. You may not copy, modify, distribute, or create derivative works without our express written permission.

12. Termination

Either party may terminate this agreement:

• You may cancel your subscription at any time with 30 days' notice
• We may terminate for breach of these Terms
• We may terminate for non-payment after 15 days
• Upon termination, you will have 30 days to export your data
• After 30 days, we may delete all your data from our systems
• Fees paid are non-refundable except as required by law

13. Disclaimer of Warranties

CLINOSCARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU USE THE SERVICE AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY CLINICAL DECISIONS MADE USING OUR PLATFORM.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLINOSCARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless ClinosCare from any claims, damages, losses, or expenses arising from your use of the service, violation of these Terms, or violation of any rights of another party.

16. Governing Law and Disputes

These Terms shall be governed by the laws of [Your State/Country]. Any disputes shall be resolved through:

• Good faith negotiations between the parties
• Mediation, if negotiations fail
• Binding arbitration in accordance with AAA rules
• Venue in [Your City, State]

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes at least 30 days before they take effect. Your continued use of the service after changes become effective constitutes acceptance of the modified Terms.

18. Contact Information

For questions about these Terms, please contact us: