Terms of use.

01Who May Use the Website and Accounts

1.1 Website users

You must be at least 18 years old and legally capable of agreeing to these Terms to create a website account or submit a demo or business request. If you act for an organization, you represent that you are authorized to act for that organization.

1.2 Practice accounts

Access to Platinum practice-account functions is intended for licensed healthcare providers, authorized workforce members, and authorized representatives of healthcare practices. The Platinum platform is intended for practices in the United States unless Platinum expressly agrees otherwise in writing.

1.3 Patients

These Terms do not govern the Patient App or patient portal. Patient use is governed by the separate Patient Terms of Use and Patient Privacy Policy presented in-app.

02Accounts and Security

2.1 Registration information

You must provide accurate information, keep it current, and use your account only for authorized purposes.

2.2 Credentials

Keep usernames, passwords, authentication factors and other credentials confidential. Do not share credentials except as expressly permitted by the applicable practice agreement. Notify Platinum promptly if you know or reasonably suspect that credentials have been compromised or that unauthorized access has occurred.

2.3 Account activity

You are responsible for activity performed through your account to the extent permitted by law. Platinum may suspend website-account access where reasonably necessary to address suspected unauthorized access, security threats, inaccurate registration information, or violations of these Terms.

03Acceptable Use

3.1 Permitted use

Use the website and any website-accessible features only for their intended business purposes and in compliance with applicable law.

3.2 Prohibited conduct

You may not, directly or indirectly:

• attempt to gain unauthorized access to an account, system, network, data or feature;
• reverse engineer, decompile, disassemble, copy or create derivative works from the Services except where applicable law expressly prohibits that restriction;
• introduce malware, malicious code or material designed to disrupt or compromise the website or Services;
• interfere with the integrity, availability, security or performance of the website or Services;
• infringe or misappropriate intellectual-property, privacy or other rights;
• share credentials in violation of applicable access rules; or
• use the website, Services or non-public information obtained from Platinum to build, train or materially assist a competing product or service without Platinum’s written consent.

3.3 No PHI through public website forms

The public website is not intended for the submission of PHI, patient records, patient names linked to health information, diagnoses, symptoms, treatment details or other patient health information. Do not submit that information through public contact, demo, marketing or other website forms. Authorized platform channels are governed by the applicable MSA and BAA.

04Subscriptions, Pricing and Promotions

4.1 Subscriptions

Paid subscriptions to the Platinum platform are offered only under an MSA and applicable Order Form. Those documents state the subscribed plan, fees, term, renewal mechanics, cancellation rights and other commercial terms.

4.2 Website pricing

Pricing displayed on the website is informational and may change. Pricing for an existing subscriber is governed by its signed MSA and Order Form, including any applicable notice requirements for changes.

4.3 Promotions; no free-trial program

Platinum may offer promotional pricing or complimentary months at its discretion. Any promotion applicable to a practice will be stated on the applicable Order Form and does not amend the MSA except as expressly stated there. Platinum does not offer a free-trial program.

05Data and Intellectual Property

5.1 Clinic and platform data

For subscribed practices, ownership, permitted use, export, return and deletion of clinic data, including patient records, are governed by the MSA and BAA. Platinum does not claim ownership of clinic patient records.

5.2 Website submissions

Information submitted through public website forms is handled under the Website Privacy Policy. Do not use public forms to transmit PHI or other patient health information.

5.3 Platinum intellectual property

The website, platform, software, interfaces, designs, documentation, logos, trademarks and other proprietary materials are owned by Platinum or its licensors and are protected by applicable intellectual-property laws. Except for rights expressly granted in a signed agreement, no license or ownership interest is transferred to you.

06HIPAA

6.1 Business Associate role

For subscribed practices, PSCRC acts as a Business Associate under HIPAA to the extent described in the applicable BAA. A BAA must be in effect before a practice enters PHI into the Platinum platform.

6.2 Practice responsibilities

The practice remains responsible for its obligations as a Covered Entity, including workforce authorization and training, patient-facing notices and consents, and determining the lawful use and disclosure of PHI.

07Website Availability and Support

7.1 Website availability

The public website may be interrupted for maintenance, security, technical or operational reasons and is not subject to an uptime commitment.

7.2 Subscribed services

Service levels, uptime commitments, support tiers and response times for subscribed practices are governed exclusively by the applicable MSA and Service Level Agreement, including Schedule D where applicable.

08Disclaimers and Limitation of Liability

8.1 Website disclaimer

THE PUBLIC WEBSITE AND WEBSITE-ONLY FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. This Section does not replace or modify warranties applicable to a paid subscription under a signed MSA.

8.2 Website-only liability limitation

To the maximum extent permitted by law, for claims arising solely from website use and not from a paid subscription governed by an MSA, Platinum will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, loss of profits, loss of data or business interruption. Platinum’s aggregate liability for website-only claims will not exceed US$100.

8.3 Legal carve-out

Nothing in these Terms excludes or limits liability to the extent a limitation is prohibited by applicable law. For subscribed practices, the liability allocation in the MSA controls.

09Suspension and Termination

9.1 Website accounts

You may stop using the public website or close a website account at any time. Platinum may suspend or terminate website-account access for a violation of these Terms, suspected unauthorized use, or a material security risk.

9.2 Paid subscriptions

Termination, suspension rights, cure periods and data-export or return rights for paid subscriptions are governed by the MSA, BAA and applicable Order Form, not by this Section.

10Dispute Resolution and Governing Law

10.1 Informal resolution

Before commencing formal proceedings concerning these Terms, the parties will attempt in good faith to resolve the dispute informally for 30 days after written notice of the dispute, unless immediate relief is reasonably necessary to protect security, confidentiality or intellectual-property rights.

10.2 Mediation and arbitration

If the dispute is not resolved informally, it will first be submitted to non-binding mediation and, if still unresolved, to binding arbitration administered by the American Arbitration Association under the AAA rules applicable to the dispute. Unless the parties agree otherwise or applicable law requires otherwise, the arbitration will be seated in Wilmington, Delaware.

10.3 Court proceedings

Either party may bring an eligible claim in small-claims court. Either party may also seek temporary or preliminary injunctive relief from a court of competent jurisdiction where necessary to preserve the status quo or prevent imminent misuse of confidential information, systems or intellectual property pending arbitration.

10.4 Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except to the extent federal law applies or applicable law requires otherwise. A signed MSA may contain separate dispute-resolution terms that control the subscription relationship.

11Changes to These Terms

11.1 Updates

Platinum may update these Terms from time to time. Material changes will be posted with a revised effective date and, where reasonably practicable and legally required, communicated by email, in-account or in-app notice at least 30 days before they take effect.

11.2 Prospective effect

Changes apply prospectively and will not alter the contractual terms applicable to a dispute that arose before the effective date of the change, except where the parties expressly agree otherwise or applicable law permits. Changes to these Terms do not amend a signed MSA, BAA, Order Form or Schedule.

12General

12.1 Relationship to signed agreements

These Terms constitute the agreement governing the website matters within their scope. They do not replace or amend a signed MSA, BAA, Order Form, Module Addendum or Schedule.

12.2 Severability

If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

12.3 No waiver

A failure to enforce a provision is not a waiver of that provision or any other right.

13Contact