These Terms of Use ("Terms") govern access to and use of the Dr Practice OS platform ("Service") provided by Kintah LLC ("we", "us"). By creating an account or using the Service, the practice and its authorized users ("you") agree to these Terms.
You must provide accurate registration information and are responsible for all activity under your accounts. You must be legally able to enter into these Terms on behalf of your practice. Each user must keep credentials confidential; you must enable available security controls (including multi-factor authentication where offered).
You agree not to: (a) access data you are not authorized to access; (b) attempt to breach or circumvent security or tenant isolation; (c) upload malware or unlawful content; (d) use the Service to violate any law or third-party right; or (e) resell or provide the Service to third parties except as permitted in writing.
Your use of the Service to process protected health information ("PHI") is additionally governed by the Business Associate Agreement between you and Kintah LLC. You are the covered entity (or its business associate) and remain responsible for the lawfulness of the data you input and for obtaining necessary patient authorizations.
Paid plans are billed in advance on a recurring basis through our payment processor. Fees are non-refundable except as required by law. We may change pricing on prospective notice.
We may modify or discontinue features. We aim for high availability but do not warrant uninterrupted service. Scheduled maintenance and emergency downtime may occur.
We retain all rights in the Service. You retain all rights in your data. You grant us a limited license to process your data solely to provide and support the Service, and as permitted by the Business Associate Agreement.
The Service is provided "as is". It is a practice-management tool and does not provide medical advice; clinical decisions remain the responsibility of licensed providers. To the maximum extent permitted by law, we disclaim all implied warranties.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential damages. Our aggregate liability is limited to the fees you paid in the twelve months preceding the claim, except where such limitation is prohibited (including certain HIPAA-related obligations addressed in the Business Associate Agreement).
Either party may terminate for material breach not cured within 30 days. On termination we will make your data available for export for a limited period and then delete it in accordance with the Privacy Policy and the Business Associate Agreement.
These Terms are governed by the laws of the jurisdiction of Kintah LLC's principal place of business, without regard to conflict-of-laws rules. We may update these Terms and will require re-acceptance of material changes.