Terms of Service

1. Acceptance of the Terms

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

Order forms / MSAs: If you (or your organization) sign an order form, master services agreement, subscription agreement, or similar written contract with us (a "Customer Agreement"), then the Customer Agreement will control to the extent it conflicts with these Terms.

2. Eligibility and Authority

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. The Services are intended for business and professional use by healthcare providers and related organizations.

3. Accounts and Security

• Account registration: You agree to provide accurate information and keep it up to date.
• Credentials: You are responsible for maintaining confidentiality of usernames, passwords, API keys, and tokens.
• Unauthorized use: You must promptly notify us at hello@healthcareanalytics.dev of suspected unauthorized access or security incidents.

4. Permitted Use and Restrictions

You may use the Services only in compliance with these Terms and applicable laws.

4.1 Restrictions

You will not (and will not allow anyone to):

• Use the Services for unlawful, harmful, or fraudulent purposes.
• Reverse engineer, decompile, or attempt to derive source code, except where prohibited by law.
• Interfere with or disrupt the Services, security, or integrity of our systems (including probing or scanning without permission).
• Access the Services to build or benchmark a competitive product, except as expressly permitted in a Customer Agreement.
• Upload malicious code, attempt to gain unauthorized access, or bypass rate limits or access controls.
• Use the Services to send spam or unsolicited messages.

5. Customer Data; Privacy

5.1 Customer Data

"Customer Data" means data, content, files, and information submitted to the Services by or on behalf of you or your organization. As between you and us, you retain all right, title, and interest in and to Customer Data, subject to the rights granted in these Terms and any Customer Agreement.

5.2 Our use of Customer Data

We will access and use Customer Data only to provide, secure, and maintain the Services, to support you, and as otherwise permitted by these Terms and applicable Customer Agreements. We may also generate de-identified or aggregated data as described in our Privacy Policy and/or Customer Agreement where permitted by law and contract.

5.3 Privacy Policy

Our collection and use of information related to the Services is described in our Privacy Policy. By using the Services, you consent to our data practices as described there.

6. HIPAA / PHI

If you are a healthcare provider or other covered entity (or acting on behalf of one) and you provide us with Protected Health Information ("PHI"), you agree that a Business Associate Agreement ("BAA") must be executed between us before you upload or otherwise make PHI available through the Services, unless otherwise permitted in writing by us.

Important: If a BAA is required for your use case and has not been executed, you must not transmit PHI via the Services. Contact us at hello@healthcareanalytics.dev to request a BAA.

7. Analytics Outputs; No Medical Advice

The Services provide data analytics, reporting, and related tools. Outputs, dashboards, and insights are provided for informational and operational purposes. The Services do not provide medical advice and are not intended to diagnose, treat, cure, or prevent any disease. You are solely responsible for (a) verifying results, (b) your professional judgment, and (c) compliance with applicable clinical, billing, and regulatory requirements.

Not for emergencies: Do not use the Services for emergency needs. If you believe someone is experiencing a medical emergency, call emergency services immediately.

8. Third-Party Services

The Services may integrate with or depend on third-party services (e.g., cloud hosting, identity providers, data sources, EHR connectors, analytics tools) ("Third-Party Services"). Third-Party Services are governed by their own terms and policies, and we are not responsible for them.

9. Intellectual Property; Feedback

9.1 Our IP

We and our licensors own the Services, including all software, designs, text, graphics, and other content (excluding Customer Data). We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term, solely for your internal business purposes and in accordance with these Terms and any Customer Agreement.

9.2 Feedback

If you provide suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without compensation or obligation to you.

10. Fees; Taxes; Payment

If you purchase paid Services, fees, billing terms, renewal terms, and usage limits will be described at checkout, in an order form, or in a Customer Agreement. You are responsible for applicable taxes (excluding our income taxes), unless you provide a valid tax exemption certificate.

If you are not offering self-serve paid plans yet, you can replace this section with a simple "Fees are set forth in an order form" statement.

11. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information (including Customer Data to the extent not public). Each party will protect the other's Confidential Information using reasonable care and will use it only to perform under these Terms.

Confidential Information does not include information that: (a) is or becomes public through no breach; (b) was lawfully known by the receiving party; (c) is received from a third party without breach; or (d) is independently developed without use of the Confidential Information.

12. Warranties; Disclaimers

To the maximum extent permitted by law, the Services are provided "AS IS" and "AS AVAILABLE." We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that outputs will be accurate or complete.

13. Limitation of Liability

To the maximum extent permitted by law:

• No consequential damages: Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business interruption, even if advised of the possibility.
• Liability cap: Our total liability for all claims relating to the Services will not exceed the amounts paid by you to us for the Services in the 12 months preceding the event giving rise to the claim (or, if no fees were paid, $100).

Many B2B healthcare deals modify this section (e.g., different caps for confidentiality, security incidents, or IP). If you have enterprise customers, align this with your Customer Agreement templates.

14. Indemnification

You will indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services in violation of these Terms or law; (b) your Customer Data; or (c) your violation of third-party rights.

15. Term; Suspension; Termination

15.1 Suspension

We may suspend access to the Services if we reasonably believe: (a) your use poses a security risk; (b) you are in material breach of these Terms; or (c) suspension is required by law. Where practicable, we will provide notice and an opportunity to remedy.

15.2 Termination

You may stop using the Services at any time. We may terminate or discontinue the Services (in whole or in part) with reasonable notice, except where termination is required immediately for legal or security reasons.

15.3 Effect of termination

Upon termination, your right to use the Services will cease. Sections that by their nature should survive (including IP, confidentiality, disclaimers, limitation of liability, indemnity, and dispute provisions) will survive.

16. Governing Law; Disputes

These Terms are governed by the laws of [State], without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in [County/State], and each party consents to personal jurisdiction and venue there.

Optional: If you want arbitration, class action waiver, or specific notice-and-cure steps, add them here (and have counsel review).

17. Changes to the Services or Terms

We may modify the Services and update these Terms from time to time. If we make material changes, we will provide notice as required by law (for example by posting an updated version and updating the "Last updated" date, and/or by emailing account admins). Continued use of the Services after the effective date of the updated Terms constitutes acceptance.

18. Contact

Questions about these Terms? Contact us at hello@healthcareanalytics.dev.