Terms of Service
Last Updated: November 25, 2024
1. Acceptance of Terms
Welcome to CareSummit. These Terms of Service ("Terms") govern your access to and use of the CareSummit platform, including our website, mobile applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
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 that you have the authority to bind that organization to these Terms.
2. Description of Services
CareSummit provides a comprehensive mobile care operations platform featuring:
- AI-powered scheduling and routing for mobile healthcare providers
- Patient appointment management and communication
- Real-time location tracking and navigation
- Value-based care analytics and reporting
- HIPAA-compliant secure messaging and data management
- Integration with electronic health record (EHR) systems
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.
3. User Accounts and Registration
3.1 Account Creation
To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update your information as necessary.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.
3.3 Eligibility
You must be at least 18 years old to create an account. Healthcare provider accounts must be associated with licensed professionals or authorized representatives of healthcare organizations.
4. Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not:
- Violate any applicable laws or regulations
- Infringe on the intellectual property rights of others
- Upload or transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to our systems or networks
- Use automated systems to access our Services without permission
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the operation of our Services
- Collect or harvest personal information from other users
- Use our Services for any commercial purpose without authorization
- Share your account credentials with unauthorized parties
5. Healthcare Provider Responsibilities
Healthcare providers using our Services agree to:
- Maintain all required professional licenses and credentials
- Comply with all applicable healthcare laws and regulations
- Provide accurate and timely patient care documentation
- Protect patient privacy and confidentiality in accordance with HIPAA
- Use the platform in a manner consistent with professional standards
- Verify patient identity before providing care or sharing information
6. Patient Responsibilities
Patients using our Services agree to:
- Provide accurate health information to healthcare providers
- Keep scheduled appointments or provide timely cancellation notice
- Follow prescribed treatment plans and medical advice
- Respect healthcare providers' time and professional boundaries
- Pay all applicable fees and charges in a timely manner
7. Intellectual Property Rights
7.1 Our Content
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are owned by CareSummit or its licensors and are protected by copyright, trademark, and other intellectual property laws.
7.2 User Content
You retain ownership of any content you submit or upload to our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving our Services.
7.3 Trademarks
CareSummit and related logos are trademarks of CareSummit. You may not use our trademarks without our prior written permission.
8. Fees and Payment
Certain features of our Services may require payment of fees. You agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable unless otherwise stated or required by law.
We reserve the right to change our fees at any time. If we change our fees for a service to which you have already subscribed, we will provide advance notice of such changes.
9. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information in connection with our Services is described in our Privacy Policy, which is incorporated into these Terms by reference.
We comply with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable healthcare privacy laws. Protected Health Information (PHI) will be handled in accordance with our HIPAA Business Associate Agreement and Privacy Policy.
10. Disclaimer of Warranties
OUR 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
CARESUMMIT DOES NOT WARRANT THAT:
- Our Services will be uninterrupted, secure, or error-free
- The results obtained from using our Services will be accurate or reliable
- Any errors in our Services will be corrected
- The Services will meet your specific requirements
IMPORTANT: CareSummit is a technology platform that facilitates healthcare services. We are not a healthcare provider and do not provide medical advice, diagnosis, or treatment. Healthcare services are provided by licensed healthcare professionals who use our platform.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARESUMMIT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use our Services
- Any unauthorized access to or use of your data
- Any interruption or cessation of our Services
- Any bugs, viruses, or other harmful code transmitted through our Services
- Any errors or omissions in any content
- The quality of healthcare services provided by healthcare providers using our platform
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
12. Indemnification
You agree to indemnify, defend, and hold harmless CareSummit and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use of our Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
- Healthcare services provided by you (for healthcare provider users)
13. Termination
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
You may terminate your account at any time by contacting us. Upon termination, your right to use our Services will immediately cease.
Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Dispute Resolution and Arbitration
14.1 Informal Resolution
Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by contacting info@caresummit.ai.
14.2 Binding Arbitration
Any dispute arising out of or relating to these Terms or our Services that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except as modified by these Terms. The arbitration shall be conducted in Delaware.
14.3 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.
17. Miscellaneous
17.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and CareSummit regarding our Services.
17.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
17.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
18. Contact Information
If you have any questions about these Terms, please contact us at:
CareSummit
Email: info@caresummit.ai