Please take a moment to read these Terms carefully before subscribing to or using any of the Services. These Terms are a legal contract between Hypermobility and Chiropractic Clinic and each person who uses the Services and are accepted by subscribing to our clinic management platform or by otherwise using our websites and resources. These Terms may be updated or amended from time to time.
In these Terms, we use the word “Subscriber” to refer to anyone (for example, a health clinic or health practitioner) who subscribes to and pays for our clinic management platform. We use the word “you” to refer to any individual user of our Services, such as a practitioner or staff member at a Subscriber’s clinic, or an individual browsing or using our websites and resources.
License to You. Hypermobility and Chiropractic Clinic grants each Subscriber, and each individual using the Services, a limited license to access and use (i.e., display, print, download) the materials and content within the Services solely on a personal computer or device for the Subscriber’s internal business purposes and for your own personal, non-commercial use, provided that:
Your Feedback and Contributions.We love to receive your feedback about our Services and to include your contributions in our resources where possible, such as adding your shared chart templates to our chart template library. To ensure we have the proper rights to do this, you grant Jane a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right and license to use your feedback and contributions, including incorporating them into the Services and sharing them with other users. Please note that providing feedback or contributions does not make you an author, inventor or contributor of the Services and does not entitle you to any compensation or to any ownership rights in the Services.
Users of our Services are expected to behave responsibly and to show respect for our people, our intellectual property and the law. You agree to communicate with Jane team members in a mutually respectful manner at all times.
In addition, you must not:
Hypermobility and Chiropractic Clinic. reserves the right to suspend or terminate your use of any or all of the Services, or take other appropriate remedial action, to address any inappropriate conduct or any violation or suspected violation of our Acceptable Use Policy or these Terms.
Subscription. You can subscribe to our clinic management platform by signing up for one of our subscription plans and paying the applicable fees. Subscriptions run on a monthly basis. Fees are charged monthly in advance in accordance with the billing information provided by you at the time of subscription. Account Owners (defined below) may update their Subscriber’s billing information or cancel their Subscriber’s subscription at any time through their account settings or by contacting us: Contact Us. Except as set forth below under Termination, all fees are non-refundable. Subscriptions and fees may be increased to match increases in your platform usage over time.
Availability of the Services. Once a Subscriber has subscribed and paid, Jane will make the Services available to the Subscriber’s users (i.e, practitioners, staff, patients) for the subscription plan purchased. Hypermobility and Chiropractic Clinic will make the Services available in accordance with our Service Level Agreement; however, please note that Hypermobility and Chiropractic Clinic cannot be responsible for any unavailability of the Services caused by circumstances beyond our reasonable control, such as internet outages or issues with your computer systems or devices.
Limitations. Our websites and resources are provided for general information about Hypermobility and Chiropractic Clinic products and services. They may not always be accurate or complete and are not intended to provide legal advice. We recommend that Subscribers obtain their own guidance and advice with respect to regulatory and legal compliance. Content and resources on our websites may be varied or discontinued from time to time.
Account Owner. The person signing up for a subscription on behalf of a Subscriber is the “Account Owner” and will be authorized to administer the account for the Subscriber. This includes authorizing additional user accounts for practitioners and staff, and granting and revoking user access rights and permissions. Each Subscriber will have only 1 Account Owner. All questions about a Subscriber’s subscription and its user account(s) should be directed to the Account Owner. A Subscriber may change its Account Owner through its account settings.
User Accounts. Subscribers and their users must provide accurate, current and complete information when creating their user accounts. Subscribers are responsible for all activities that occur under their user accounts and for any issues, claims or disputes arising out of the conduct of their users. Subscribers must take appropriate steps to protect their user accounts, including:
Hypermobility and Chiropractic Clinic. will not be liable for any losses or damages caused by a Subscriber’s failure to maintain the confidentiality of its user accounts and its account credentials. If you discover or suspect any unauthorized access to or use of your Subscriber or user account, please reset your password immediately and notify us at hypermobilityaustin.com
Ownership and Control. Each Subscriber retains ownership and control of its patient data and all information collected, entered, created or otherwise provided by the Subscriber and its users in the course of using the Services (“Subscriber Data”). Subscribers may be referred to as a “health information custodian”, a “covered entity” or a “controller” depending on their location and the privacy laws applicable to them. Subscribers are responsible for ensuring that their collection and use of Subscriber Data complies with applicable laws and regulatory requirements.
Each Subscriber determines:
Storage and Access. Hypermobility and Chiropractic Clinic is a service provider to Subscribers and may be referred to as an “agent”, “business associate” or “processor” of the Subscriber. Jane will keep Subscriber Data stored securely as described below under Security. Hypermobility and Chiropractic Clinic will only access Subscriber Data at the request of a Subscriber or its users, or where needed in order to prevent or address technical problems affecting the Services or if required by law, regulation or court order. As we otherwise have no control over Subscriber Data, we are not responsible for incorrect, incomplete, lost or damaged Subscriber Data, except to the extent it is caused by our failure to meet our obligations under these Terms.
HIPAA / GDPR Compliance. If a Subscriber is subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), we will, upon request, enter into our Business Associate Agreement (“BAA”) with the Subscriber. Please Contact Us to request a copy of our BAA. If a Subscriber is subject to the General Data Protection Regulation (“GDPR”), the terms of our Data Processing Addendum will apply and are incorporated into these Terms.
Questions About Subscriber Data. If you have any questions about your Subscriber Data, please contact your Account Owner. If an Account Owner has any questions about the management of Subscriber Data in the Services, the Account Owner may contact us at hypermobilityaustin.com
Anonymized/Aggregated Data. Hypermobility and Chiropractic Clinic may use computer-generated algorithms to gather anonymous and aggregated information from Subscriber Data in order to assist in our continued development and improvement of the Services, and for research, data analysis, benchmarking, statistics or trend analysis. We will ensure that none of the information we gather identifies, or could be used to identify, any user or patient. Hypermobility and Chiropractic Clinic may share such anonymized information with Subscribers and others, for example, by providing insights into most common conditions, most popular treatments or benchmarking fees against industry or regional norms.
Safeguards. Hypermobility and Chiropractic Clinic will maintain industry-standard administrative, physical and technical safeguards to prevent the unauthorized access, use or disclosure of Subscriber Data processed through or stored in the Services. These safeguards include, but are not limited to, security policies and training for our personnel, access controls, minimum security certifications and practices for our data centers, PCI-compliant payment processors and encryption.
Security Features. The Services also contain features which allow you to further enhance the security of your Subscriber Data. For example, by establishing account access controls for each user; blurring part of your screen so it cannot be read by others around you; and the ability to sign and lock charts to prevent charts from being accidentally overwritten. See our online Guide for further details or Contact Us for assistance.
Security Breach. Hypermobility and Chiropractic Clinic will notify affected Subscribers if Hypermobility and Chiropractic Clinic determines that the security of the Services has been breached and this results in Subscriber Data being accessed by or disclosed to an individual or entity who is not authorized to access or receive such information. Hypermobility and Chiropractic Clinic will report to the affected Subscriber(s) on the corrective action being taken in response to such security breach and will reasonably cooperate with such Subscriber(s) in mitigating the effects of any lost or compromised Subscriber Data.
Your Responsibility. Subscribers and their users will notify Hypermobility and Chiropractic Clinic immediately if they become aware of any unauthorized use of their account(s), of any user ID and password, or any other known or suspected breach of security.
During Your Subscription Term. Our clinic management platform is designed to retain, protect and preserve the integrity of Subscriber Data in order to assist our Subscribers with their regulatory and compliance obligations around patient records. As a result, we will not delete Subscriber Data during your subscription term, unless there is a regulatory or legal requirement to do so. If you have such a requirement, please have your Account Owner Contact Us.
Data Export. Subscribers may export their Subscriber Data at any time and should do so prior to ceasing or terminating their use of our clinic management platform. Practitioners who change practices may also arrange with their Account Owner for export of their patient data. Details on how to export your Subscriber Data can be found in our online Guide, or Contact Us for assistance.
After Termination. When a subscription expires or is terminated, the account is deactivated. This means the account and any Subscriber Data associated with the account is no longer available for use and cannot be accessed through the internet. The account and its Subscriber Data will be retained in the event the Subscriber wishes to re-activate the account. We will store Subscriber Data securely and isolate it from any further processing while it is deactivated.
Account Owners may Contact Us with questions about their Subscriber Data. Please note that, in order to maintain strict security of Subscriber Data, we cannot take instructions from anyone other than the Account Owner.