AcuNotes Terms of Service

Effective: August 10, 2022

Thanks for using AcuNotes! Our mission is to create a more enlightened way of working by providing an intuitive, unified platform to keep your medical documentation safe and accessible while helping you and those you work with stay coordinated and in sync. These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). Our Privacy Policy explains how we collect and use your information.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your files, content, contacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like billing report and customization of documentation to help reduce rudimentary tasks. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

HIPPA

As per the Health Insurance Portability and Accountability Act of 1996 (“HIPPA”), The Company uses SSL encryption to protect the information of patients on this site. It is expected that all our clients and everyone who uses this site also abides by the information HIPPA is trying to protect. However, should a user of this website, this application, or this service not incorporate measures to protect the information of their patients or clients, then AcuNotes Inc. shall not be held liable.

Links

This website contains links to other related World Wide Web Internet site and resources. Since AcuNotes Inc. is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such sites.

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, AcuNotes trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Paid Accounts

Billing. You can add paid features to your account (turning your account into a Professional or Advanced plan “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
Cancellation. You may cancel your AcuNotes Paid Account at any time. Refunds are only issued if required by law.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.

AcuNotes Business Teams

Email address. If you sign up for a AcuNotes account with an email address provisioned by your organization, your organization may be able to block your use of AcuNotes.
Using AcuNotes Business Teams. If you join a AcuNotes Business Team, you must use it in compliance with your organization’s terms and policies. Please note that AcuNotes Business Team accounts are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your AcuNotes Business Team account. They may also be able to restrict or terminate your access to a AcuNotes Business Team account.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
  • you’re in breach of these Terms,
  • your use of the Services would cause a real risk of harm or loss to us or other users, or
  • you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the.

Services

We won’t provide notice or an opportunity to export Your Stuff before termination or suspension of access to the Services where:
  • you’re in material breach of these Terms,
  • doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
  • we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond AcuNotes’s control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ACUNOTES AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR ACUNOTES’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ACUNOTES OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THE SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSE, ACUNOTES, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ACUNOTES AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH ACUNOTES.

Resolving Disputes

Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against AcuNotes, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at support@acunotes.com that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or AcuNotes may bring a formal proceeding.
Judicial Forum for Disputes. You and AcuNotes agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Trenton, New Jersey, subject to the mandatory arbitration provisions below. Both you and AcuNotes consent to venue and personal jurisdiction in such courts.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and AcuNotes agree to resolve any claims relating to these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the United States county where you live or work, Trenton (NJ), or any other location we agree to.
Arbitration Fees and Incentives. AcuNotes will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.
Exceptions to Agreement to Arbitrate. Either you or AcuNotes may assert claims, if they qualify, in small claims court in Trenton (NJ) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Trenton, New Jersey to resolve your claim.
NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Severability. If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

Controlling Law

These Terms will be governed by New Jersey law except for its conflicts of laws principles.

Entire Agreement

These Terms constitute the entire agreement between you and AcuNotes with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties. Waiver, Severability & Assignment. AcuNotes’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. AcuNotes may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:
  • changes to the law,
  • new regulatory requirements, or
  • improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. If you don’t agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

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