Terms of Service

Introduction

Welcome to Astute Medic. These Terms of Service ("Terms") govern your access to and use of the Astute Medic platform, website, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Account Terms

Registration Requirements

To access and use certain features of our Services, you must register for an Astute Medic account. When you register, you agree to:

• Provide accurate, current, and complete information about yourself and your organization
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

User Requirements

You represent and warrant that:

• You are at least 18 years of age
• If you are accessing or using our Services on behalf of a healthcare organization, you have the legal authority to bind that organization to these Terms
• You will comply with all applicable laws, regulations, and professional standards in your use of our Services
• You will not use our Services for any illegal or unauthorized purpose

Account Types

We offer different types of accounts with varying features and capabilities. The specific features available to you will depend on the type of account you register for and the subscription plan you select.

Service Terms

Service Description

Astute Medic provides healthcare management software and related services designed to streamline healthcare operations and improve efficiency. Our Services may include:

• Patient management tools
• Electronic health record integration
• Scheduling and appointment management
• Billing and insurance management
• Analytics and reporting
• Communication tools
• Additional features as described in your subscription plan

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable law, regulation, or professional standard
• Use the Services to transmit any material that is defamatory, offensive, or otherwise objectionable
• Attempt to interfere with, compromise, or disrupt the Services or servers connected to the Services
• Attempt to gain unauthorized access to any part of the Services
• Use the Services to store or transmit viruses, worms, or other malicious code
• Use the Services to violate the privacy or rights of others
• Use any data mining, robots, or similar data gathering or extraction methods
• Copy, modify, distribute, sell, or lease any part of our Services without authorization

Service Availability and Support

We strive to maintain the availability of our Services 24/7, but we do not guarantee uninterrupted access. We may perform maintenance or updates that temporarily suspend access to the Services. We will make reasonable efforts to provide advance notice of scheduled maintenance.

Technical support is provided according to your subscription plan. Support hours and response times are as specified in your service agreement.

Payment Terms

Subscription Plans and Fees

We offer various subscription plans with different features and pricing. You agree to pay all fees associated with your selected subscription plan. All fees are exclusive of taxes unless stated otherwise.

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. You authorize us to charge your designated payment method for all fees incurred.

Payment Methods

We accept payment via credit card, ACH transfer, and other methods as specified during the registration process. You agree to provide accurate and complete billing information. If your payment method fails, we may suspend your access to the Services until payment is resolved.

Changes to Pricing

We reserve the right to modify our prices at any time. If we change the pricing for your subscription, we will provide notice at least 30 days before the change takes effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the modified price.

Refunds

All fees are non-refundable except as required by law or as explicitly stated in these Terms. If you believe you are entitled to a refund, please contact our billing department.

Compliance & Security

HIPAA Compliance

We understand the importance of protecting health information and maintaining compliance with healthcare regulations. As a business associate to covered entities under HIPAA, we:

• Enter into Business Associate Agreements (BAAs) with customers who are covered entities
• Implement appropriate safeguards to protect Protected Health Information (PHI)
• Restrict uses and disclosures of PHI as required by HIPAA and our BAAs
• Assist covered entities in fulfilling their obligations to individuals under HIPAA

Security Measures

We implement and maintain appropriate technical, administrative, and physical safeguards to protect the information processed through our Services, including:

• Encryption of data in transit and at rest
• Access controls and authentication requirements
• Regular security assessments and monitoring
• Business continuity and disaster recovery planning
• Employee security training and awareness

Your Security Obligations

While we implement security measures, you are responsible for:

• Maintaining the confidentiality of your account credentials
• Ensuring that your users comply with security best practices
• Configuring and using the Services in a manner that complies with applicable privacy and security laws
• Implementing appropriate security controls within your organization
• Promptly reporting any security incidents or vulnerabilities

Intellectual Property

Our Intellectual Property

All intellectual property rights in the Services, including software, code, interfaces, content, and design, are owned by Astute Medic or our licensors. These Terms do not grant you any right, title, or interest in our intellectual property. You may not copy, modify, distribute, sell, or lease any part of our Services without authorization.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your internal business purposes in accordance with these Terms and your subscription plan. This license is specific to you and may not be sublicensed or assigned without our written consent.

Your Content

You retain all rights to the content you upload, submit, or create through our Services ("Your Content"). By uploading or submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing and improving the Services.

Feedback

If you provide suggestions, ideas, or feedback about our Services ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use that Feedback without restriction or compensation to you.

Disclaimers

Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected

Medical Disclaimer

THE SERVICES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT RECOMMENDATIONS. THE SERVICES ARE TOOLS TO SUPPORT HEALTHCARE PROFESSIONALS, NOT TO REPLACE PROFESSIONAL MEDICAL JUDGMENT.

Healthcare providers are solely responsible for all medical decisions, treatments, and advice provided to patients, regardless of any information accessed through the Services.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASTUTE MEDIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO Astute Medic DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Astute Medic, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your Content
• Any misrepresentation made by you

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination

Termination by You

You may terminate your account and subscription at any time by following the instructions on our website or by contacting our customer support. Termination will be effective at the end of your current billing cycle, and you will not receive a refund for the unused portion of your subscription.

Termination by Us

We may terminate or suspend your access to all or part of the Services, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, our business, or third parties, or for any other reason at our discretion.

Effects of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• We may delete your account and all related information and data
• Any outstanding payment obligations will remain in effect
• Provisions of these Terms that by their nature should survive termination will survive

Data Retention and Transition

Following termination, we will retain your data for a limited period as required by law or in accordance with our data retention policies. We may provide a mechanism for you to export your data before account deletion, subject to technical limitations and legal requirements.

Modifications

Modifications to the Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Modifications to These Terms

We may modify these Terms at any time by posting the revised terms on our website. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

For material changes to these Terms, we will make reasonable efforts to provide notice prior to the changes taking effect, such as through a notice on our website or an email to the address associated with your account.

Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact our legal team at: