Last updated: January 25, 2024
By accessing or using the CareTracker clinic management platform ("Service"), you ("Client" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service. These Terms constitute a binding legal agreement between you and CareTracker Inc. ("Company").
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Subject to your compliance with these Terms, CareTracker grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for your internal business operations.
You shall not: (a) reverse engineer, decompile, or disassemble the Service; (b) use the Service to build a competitive product; (c) misuse the Service in any way that violates applicable laws or regulations.
4.1 Ownership: You retain all rights, title, and interest in and to your Client Data.
4.2 HIPAA Compliance: To the extent that Client Data includes Protected Health Information (PHI) subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Use of the Service is also governed by the Business Associate Agreement (BAA) entered into between the parties.
4.3 Data Security: CareTracker maintains administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Client Data.
Fees for the Service are set forth in the applicable Order Form or pricing page. All fees are non-refundable unless otherwise expressly stated. Late payments may be subject to interest charges.
Each party agrees to protect the confidentiality of the other party's Confidential Information with the same degree of care that it uses to protect its own confidential information of like kind, but in no event less than reasonable care.
CareTracker retains all rights, title, and interest in and to the Service, including all related intellectual property rights. No rights are granted to you other than as expressly set forth herein.
8.1 Warranty: CareTracker warrants that the Service will perform materially in accordance with the user documentation.
8.2 DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". CARETRACKER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. CARETRACKER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.
This Agreement commences on the date you first accept it and continues until all subscriptions hereunder have expired or have been terminated. Either party may terminate this Agreement for material breach if such breach remains uncured for 30 days.
If you have any questions about these Terms, please contact our legal team at:
legal@caretracker.com