Terms of Service

1. Definitions

1.1 Service: Refers to the CLINICORGANIZE clinic management platform and associated tools designed for healthcare providers to manage clinic operations, patient appointments, billing, and related healthcare administration needs.

1.2 User: Refers to individuals or entities using the Service, including healthcare practitioners, clinic administrators, staff members, and other authorized personnel.

1.3 Content: Includes text, images, clinical information, schedules, patient data, and other materials uploaded by Users to the CLINICORGANIZE platform.

1.4 Protected Health Information (PHI): Any individually identifiable health information that is transmitted or maintained by the Service, subject to applicable healthcare privacy laws.

2. Acceptance of Terms

By creating an account or using the Service, you agree to:

1. Be of legal age and have the authority to enter into these Terms.
2. Comply with all applicable laws and regulations.

3. User Responsibilities

3.1 Content Management:
You are solely responsible for:

1. The accuracy, legality, and relevance of all Content uploaded to CLINICORGANIZE.
2. Compliance with healthcare laws and regulations, including those regarding patient privacy, healthcare data security, medical records maintenance, and patient consent in your jurisdiction.
3. Ensuring you have obtained appropriate authorizations from patients for any data processing activities performed using the Service.
4. Maintaining appropriate clinical standards and professional responsibilities when using the Service to support patient care.

3.2 Prohibited Activities:
You agree not to:

1. Upload unlawful, obscene, or misleading Content.
2. Use the Service to engage in fraudulent, unethical, or harmful activities.
3. Attempt to disrupt, hack, or otherwise misuse the Service or related infrastructure.
4. Use the Service for any purpose that violates healthcare privacy laws or patient rights.
5. Share login credentials or allow unauthorized access to patient information.
6. Use the Service in any manner that could compromise patient care or safety.
7. Attempt to access patient data for which you do not have a legitimate clinical or operational need.

4. Account and Access

4.1 Account Security:
You are responsible for maintaining the confidentiality of your account credentials. Notify CLINICORGANIZE immediately if you suspect unauthorized access.
4.2 Access Restrictions:
We reserve the right to suspend or terminate accounts that violate these Terms or misuse the Service.

5. Fees and Payment

5.1 Subscription Fees:
Users agree to pay all fees as per their selected Subscription Plan. Fees are based on the number of practitioners, selected modules, and usage level. Fees are non-refundable unless otherwise stated.
5.2 Billing:
Payments are processed through Stripe and are subject to their terms. By providing payment details, you authorize CLINICORGANIZE to charge the subscription fee on a recurring basis.
5.3 Late or Failed Payments:
Failure to pay may result in restricted access or termination of your account. We provide a grace period for payment resolution to ensure continuity of service for active healthcare practices.
5.4 Service Tiers:
Different subscription tiers provide access to different features and levels of support. You may upgrade or downgrade your subscription tier according to our published policies.

6. Service Availability and Modifications

6.1 Availability:
We aim for high Service availability (99.9% uptime) but do not guarantee absolutely uninterrupted access. Scheduled maintenance, critical security updates, or unforeseen technical issues may temporarily disrupt the Service. We will provide advance notice of scheduled maintenance.
6.2 Modifications:
CLINICORGANIZE reserves the right to modify or enhance parts of the Service to improve functionality or compliance. For significant changes that may affect clinical workflows, we will provide prior notice and transition assistance where applicable.
6.3 Emergency Access:
In the event of service disruption, we provide emergency access protocols to critical patient data for continuity of care. Users should maintain appropriate backup procedures for essential clinical information.

7. Intellectual Property

7.1 CLINICORGANIZE Rights:
All intellectual property related to the Service, including software, branding, and design, belongs to CLINICORGANIZE.
7.2 User Content:
Users retain ownership of their uploaded Content. By using the Service, you grant CLINICORGANIZE a non-exclusive, royalty-free license to use your Content for Service delivery and promotional purposes.

8. Privacy and Data Protection

8.1 Data Collection and Processing:
We collect, process, and store data in accordance with our Privacy Policy and applicable healthcare privacy laws. For Users in the United States, we function as a Business Associate under HIPAA and will execute a Business Associate Agreement (BAA) when required.
8.2 Data Security:
CLINICORGANIZE implements healthcare-appropriate security measures including encryption, access controls, audit logging, and regular security assessments. While we maintain robust security protocols exceeding industry standards, no system can guarantee absolute protection against sophisticated breaches.
8.3 Regulatory Compliance:
Our Service is designed to help healthcare providers maintain compliance with applicable regulations, but ultimate compliance responsibility remains with the healthcare provider. We provide tools, documentation, and features to support your compliance efforts.
8.4 Data Ownership:
You retain all rights to the clinical data you input into the system. We act as a data processor (or Business Associate) for this information, processing it only according to your instructions and applicable laws.

9. Termination and Suspension

9.1 Termination by User:
Users may terminate their account at any time by providing written notice.
9.2 Termination by CLINICORGANIZE:
CLINICORGANIZE may terminate or suspend accounts for:

1. Non-payment of fees.
2. Violations of these Terms.

9.3 Data Retention:
Upon termination for any reason:

• We provide an export facility for you to retrieve your data prior to account closure
• We will retain your data for a period compliant with applicable healthcare record retention laws (typically a minimum of 7 years) unless you specifically request earlier deletion and confirm you have made appropriate alternative arrangements for records retention as required by law
• We can provide extended retention services for an additional fee if required by your local regulations

10. Disclaimer of Warranties

CLINICORGANIZE provides the Service "as is" without any warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose, except as prohibited by applicable law.

While our Service is designed to support healthcare operations, it is not intended to replace professional clinical judgment. Healthcare providers must exercise their independent professional judgment when using information or features provided by the Service. The Service is a tool to support clinical and administrative operations, not a substitute for professional healthcare expertise.

11. Limitation of Liability

To the maximum extent permitted by law, CLINICORGANIZE is not liable for:

1. Indirect, incidental, or consequential damages.
2. Loss of data, revenue, or profits arising from Service use or disruptions.
3. Any damages arising from errors in data entry by Users.
4. Clinical decisions or outcomes resulting from the use of the Service.

Our total liability for any claims related to the Service shall not exceed the amount paid by you for the Service in the 12 months preceding the claim, except where prohibited by applicable law.

This limitation of liability does not apply to liabilities that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or liability caused by our fraud or fraudulent misrepresentation.

12. Indemnification

Users agree to indemnify and hold CLINICORGANIZE harmless from claims, liabilities, or damages arising from:

1. Their use of the Service.
2. Violations of these Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law:
These terms and conditions shall be governed by English law and any disputes will be decided only by the English courts.

13.2 Alternative Dispute Resolution:
Before commencing formal legal proceedings, we encourage Users to contact us directly to resolve disputes informally. If informal resolution is not possible, the parties agree to attempt resolution through mediation before pursuing litigation.

13.3 Healthcare Data Disputes:
For disputes involving protected health information or healthcare regulatory compliance, we will cooperate with appropriate regulatory authorities and follow applicable legal frameworks for resolution.

14. Updates to Terms

CLINICORGANIZE may update these Terms periodically. We will notify you of material changes by posting the updated Terms on our website and, where appropriate, by email notification. Continued use of the Service after such changes constitutes acceptance of the updated Terms.

For changes that materially affect your rights or obligations, we will provide at least 30 days' notice before the changes take effect, except where immediate changes are required by law or to protect the security of the Service.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to:

• Acts of God, natural disasters, or extreme weather events
• War, terrorism, civil unrest, or armed conflict
• Government actions, laws, regulations, or embargoes
• Epidemics, pandemics, or public health emergencies
• Strikes, labor disputes, or industrial action
• Failure of third-party telecommunications or power supply
• Cyberattacks or security incidents beyond reasonable prevention measures

The affected party shall promptly notify the other party of such circumstances and shall use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect.

The parties agree that any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely achieves the original intent and economic effect of the invalid provision.

17. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any applicable Business Associate Agreement or Data Processing Agreement, constitute the entire agreement between you and CLINICORGANIZE regarding the use of the Service.

These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. CLINICORGANIZE may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.

19. Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.

20. Contact Information

For inquiries or issues, contact us at:
Email: [email protected]
Phone: +44 7493 759798
Address: Old Sorting House, 46 Essex Rd, London, N1 8LN, UK

21. Healthcare Specific Provisions

21.1 No Medical Advice:
The Service is an administrative and management tool and does not provide medical advice, diagnosis, or treatment. All clinical decisions remain the responsibility of qualified healthcare professionals.

21.2 Professional Obligations:
Users who are healthcare professionals acknowledge that using the Service does not alter or diminish their professional obligations to patients, regulatory bodies, or applicable laws.

21.3 Clinical Validation:
While the Service includes features that may assist with clinical workflows, Users are responsible for validating all information and confirming its accuracy before making clinical decisions.

21.4 Emergency Situations:
The Service is not designed for emergency medical situations. In case of a medical emergency, users should contact emergency services immediately. The Service should not be relied upon for time-critical medical decisions.

By using the Service, you confirm that you have read and agree to these Terms. If you are using the Service on behalf of a healthcare organization, you represent that you have the authority to bind that organization to these Terms.