Terms of Use

1. ELIGIBILITY AND SCOPE OF SERVICE

1.1. User Eligibility

You must be at least 18 years old or the age of legal majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

1.2. Scope of Services

ApexEHR provides a platform for electronic health records, clinical documentation, and related administrative tools for healthcare providers. Specific features and services provided are subject to variation at our discretion.

2. RIGHTS FOR USE, ACCOUNTS, AND RESTRICTIONS

2.1. Right to Use

Subject to these Terms, ApexEHR grants you a limited, non-exclusive, non-transferable, and revocable right to use the Services for your internal business operations. All rights not expressly granted are reserved by ApexEHR.

2.2. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3. Acceptable Use and Restrictions

You agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
• Reverse engineer, decompile, or otherwise attempt to derive source code from the Services.
• Use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.
• Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
• Attempt to gain unauthorized access to the Services or its related systems or networks.

3. COMPLIANCE, AUDIT, AND SUSPENSION

3.1. HIPAA Compliance

If you are a "covered entity" or "business associate" as defined by HIPAA, you agree to enter into a Business Associate Agreement (BAA) with ApexEHR. You are solely responsible for compliance with HIPAA and other healthcare-related laws.

3.2. Compliance Audits

ApexEHR reserves the right to audit your use of the Services to ensure compliance with these Terms. You agree to cooperate with any such audit.

3.3. Anti-Money Laundering

You represent and warrant that you are not on any list of sanctioned persons or entities and that you will not use the Services for any money laundering or other illegal financial activities.

3.4. Audit

ApexEHR reserves the right to audit your use of the Services to ensure compliance with this Agreement. You agree to provide reasonable documentation and assistance during such AUDITS.

3.5. Suspension and Termination

We may suspend or terminate your access to the Services if we believe you have breached these Terms or if your use of the Services poses a security risk or other threat.

4. INTELLECTUAL PROPERTY AND DATA

4.1. Proprietary Rights

ApexEHR and its licensors own all right, title, and interest in and to the Services, including all related intellectual property rights. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.

4.2. Feedback

If you provide any suggestions or feedback regarding the Services, you grant ApexEHR a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback for any purpose.

4.3. Customer Data

As between you and ApexEHR, you own all data and information you provide to the Services. You grant ApexEHR a non-exclusive, worldwide, royalty-free license to use, copy, and display your data as necessary to provide the Services.

4.4. Aggregated Data

ApexEHR may create and use aggregated, de-identified data derived from your use of the Services for analytics, research, and improving the Services. This data does not identify you or any individual.

5. AI-GENERATED CONTENT

Our Services may include AI-powered features that generate content or provide insights. You acknowledge that AI-generated content is for informational purposes only and is not a substitute for professional medical judgment. You are solely responsible for verifying any AI-generated content before use in patient care.

6. PAYMENT AND TAXES

6.1. Fees

You agree to pay all fees for the Services as set forth in your subscription plan. Fees are non-refundable except as provided in this Agreement.

6.2. Payment Processing

Payment processing for the Services may be handled by third-party payment processors. Your use of these processors is subject to their terms of service.

6.3. Taxes

You are responsible for all taxes, duties, and assessments related to your use of the Services, excluding taxes based on ApexEHR's net income.

7. LIMITATION OF LIABILITY AND WARRANTIES

7.1. Warranties Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." APEXEHR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEXEHR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE FEES PAID BY YOU IN THE LAST TWELVE MONTHS.

8. INDEMNIFICATION

You agree to indemnify and hold ApexEHR and its affiliates harmless from any claims, damages, or losses arising out of your use of the Services or your breach of this Agreement.

9. GENERAL PROVISIONS

9.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

9.2. Dispute Resolution

Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in Austin, Texas.

9.3. Entire Agreement

This Agreement constitutes the entire agreement between you and ApexEHR regarding the Services and supersedes all prior agreements.

9.4. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9.5. Contact

Questions may be sent to:

ApexEHR LLC
1401 Lavaca Street, Austin, TX 78701
legal@apexehr.com