TERMS OF SERVICE
For use of ePRO Connect Software
AGILE PRACTICE INTEGRATIONS
TERMS OF SERVICE FOR USE OF EPRO CONNECT SOFTWARE
Effective Date: 2025-01-01
Agile Practice Integrations, LLC (“API LLC,” “we,” “our,” or “us”) provides you with the right to use ePRO Connect and its related services (collectively, “ePRO Connect,” “Software,” or “Service”). Please read these Terms of Service carefully. By accessing the service, you agree to be bound by the Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the service. By accessing or using the service, you acknowledge that you have read, understood, and agree to be bound by Terms of Service, including API LLC’s Privacy Policy (together, the “Terms”). If you are not eligible, or do not agree to the terms, then do not use the service.
1. Use of the Service: Use of the Service is voluntary and intended to help you record and report healthcare quality and outcomes, generate analyses and reports, share data with healthcare providers, schedule and manage appointments, receive alerts, and access educational content related to your care. You may only use the Service for approved purposes as defined by API LLC and in compliance with these Terms and any applicable guidelines or policies. Any use beyond these authorized purposes is prohibited.
2. You must be at least 13 years old, and a patient of a practice licensed to use ePRO Connect. By agreeing to these Terms, you confirm that:
- 2.1. You meet the minimum age requirement.
- 2.2. You are a patient of a practice authorized to use ePRO Connect.
- 2.3. You have not been suspended or removed from the Service.
- 2.4. Your use of the Service complies with all applicable laws and regulations.
- 2.5. If you are a minor, you are either emancipated or have parental/guardian consent.
- 2.6. If you are a parent or guardian, you may create an account on behalf of a minor.
3. Accounts and Registration: To use the Service, you must use an account linked to a licensed healthcare provider. Your account allows you to track healthcare quality and outcomes, generate reports, share data with providers, manage appointments, receive alerts, and access educational content. You are responsible for maintaining the accuracy of your account information and ensuring its secure use. Unauthorized access or use of the Service for any purpose beyond those defined by API LLC is strictly prohibited. Your continued use is subject to compliance with these Terms and any applicable guidelines.
4. License: API LLC owns and operates the Service, including all content, documents, and information within it (“Service Content”), which is protected by copyright and other intellectual property laws worldwide. You may not reproduce, modify, distribute, publicly display, or perform any Service Content without authorization. All copyright and proprietary notices must remain intact on any copies. API LLC and its suppliers reserve all rights not expressly granted under these Terms. Subject to these Terms, API LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Service on devices you own or control, solely for its intended purposes. By downloading or using the Service, you acknowledge that:
- 4.1. The Service is licensed, not sold to you.
- 4.2. Third-party terms and fees (such as carrier data or messaging charges) may apply, and you are solely responsible for any associated costs.
5. API LLC may send you emails, SMS messages, or suggested actions based on its analysis of your historical data and information provided by you or your healthcare provider. These notifications or recommendations do not indicate your health status and are not a substitute for medical advice. You are responsible for discussing symptoms and treatment options with your provider.
API LLC does not guarantee the accuracy, reliability, completeness, or timeliness of notifications, as some aspects of their delivery are beyond API LLC’s control. You acknowledge that reliance on these notifications is at your own risk, and API LLC disclaims all liability related to their use.
You also acknowledge that communications via external systems (e.g., email, phone, SMS) are outside API LLC’s ecosystem and may not be encrypted. API LLC may send SMS messages for service-related, educational, or information purposes, as permitted by its Privacy Policy.
You are responsible for ensuring that your contact details (email, phone number, etc.) are accurate and up to date. API LLC is not responsible for messages that are undelivered due to outdated contact details, carrier restrictions, or spam filtering.
6. By using the Service, you confirm that:
- 6.1. You are a resident of the United States or another country where API LLC explicitly offers the Service.
- 6.2. These Terms form a legally binding agreement enforceable against you.
- 6.3. You will use the Service only as permitted by these Terms and any API LLC-issued instructions, guidelines, or policies.
- 6.4. Your use of the Service will comply with all applicable laws.
- 6.5. The information you provide during account registration is accurate and truthful.
- 6.6. API LLC does not verify or validate medical information entered into ePRO Connect. Any incorrect or outdated medical or appointment information is the responsibility of the healthcare provider or the patient. API LLC is not liable for any consequences arising from inaccurate data input or interpretation.
7. User Content:
- 7.1. General User Content: The Service may allow you to upload, store, and share content, including notes, data, text, and images (“User Content”). You retain ownership of any copyrights or proprietary rights in your User Content. However, if you:
- 7.1.1. Share data with your healthcare provider, it may become part of your medical record and subject to applicable laws.
- 7.1.2. Post content on third-party platforms, their terms will govern its use.
- 7.2. License to API LLC: By posting User Content on the Service, you grant API LLC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, store, modify, create derivative works of, and distribute your User Content in accordance with our Privacy Policy. API LLC may also generate de-identified reports from your data, which will no longer be considered your User Content. You waive any rights to object to modifications of your User Content. API LLC reserves the right to refuse, remove, or block User Content at its discretion.
- API LLC may use de-identified, aggregated patient data for analytics, product improvements, research, and quality monitoring in compliance with the Privacy Policy.
- 7.3. License to Other Users: If you share User Content with other users or your healthcare provider, you grant them a non-exclusive license to access and use that content as permitted by these Terms and the Service’s functionality.
- 7.4. User Content Responsibilities: You are solely responsible for any User Content you post. By submitting content, you confirm that:
- 7.4.1. You own or have the necessary rights to share your User Content.
- 7.4.2. Your content does not infringe on any third-party rights, including copyrights, trademarks, privacy, or other proprietary rights.
- 7.4.3. Your content does not defame, violate privacy rights, or cause API LLC to violate any laws.
- 7.4.4. You are responsible for any royalties, fees, or obligations tied to your User Content.
- 7.5. User Content Disclaimer: API LLC is not responsible for monitoring, editing, or controlling User Content. We may, however, remove or block content that violates these Terms. You acknowledge that User Content from others may be inaccurate, offensive, or objectionable, and you waive any claims against API LLC regarding such content. API LLC expressly disclaims liability for User Content to the fullest extent permitted by law.
- 7.6. Reporting Unlawful Content: If you believe User Content violates these Terms, you may notify us as outlined in Section 27.
8. Prohibited Conduct: By using the Service, you agree not to:
- 8.1. Unlawful or Unauthorized Use:
- 8.1.1. Access or use the Service from a jurisdiction where it is not authorized.
- 8.1.2. Use the Service for illegal purposes or in violation of any applicable law or regulation.
- 8.2. Harmful or Disruptive Activities:
- 8.2.1. Engage in activities that may harm others or damage API LLC’s reputation.
- 8.2.2. Violate third-party rights, including intellectual property or privacy rights.
- 8.2.3. Disclose personal information about others without consent.
- 8.2.4. Post, upload, or distribute unlawful, defamatory, inaccurate, obscene, harassing, or otherwise inappropriate content.
- 8.2.5. Upload or disseminate viruses, spyware, or other malicious code.
- 8.2.6. Interfere with the operation, security, or enjoyment of the Service for other users
- 8.3. Unauthorized Data Use and Manipulation:
- 8.3.1. Use scrapers, bots, or automated tools to collect data from the Service.
- 8.3.2. Frame, repackage, or provide the Service to third parties without API LLC’s permission.
- 8.3.3. Reverse engineer, decompile, or attempt to access the source code of the Service, unless expressly permitted by law.
- 8.4. Fraudulent or Misleading Activity:
- 8.4.1. Impersonate any person or entity or misrepresent your identity or affiliations.
- 8.4.2. Access another user’s account or data without authorization.
- 8.4.3. Provide false or misleading information during account registration.
- 8.5. Unauthorized Modifications and Transfers:
- 8.5.1. Modify, translate, or create derivative works based on the Service.
- 8.5.2. Copy, reproduce, assign, sublicense, lease, sell, or transfer your access to the Service.
- 8.6. Assisting or Attempting Violations:
- 8.6.1. Attempt or assist others in violating any of the prohibited activities outlined in this Section 8.
9. Termination of Use: Service Modifications: Use of the Service is voluntary, and you may terminate your account at any time.
- 9.1. Termination By API LLC: Your access to the Service will automatically terminate if you violate these Terms. Additionally, API LLC may suspend or terminate your account or access to the Service at any time, with or without notice, if:
- 9.1.1. You violate any provision of these Terms.
- 9.1.2. Your healthcare provider’s practice no longer has an active license to use ePRO Connect.
- 9.1.3. API LLC discontinues any part of the Service.
- 9.1.4. API LLC determines termination is necessary for any other reason at its sole discretion.
- 9.2. Service Modification & Discontinuation:
- 9.2.1. API LLC reserves the right to modify, limit, suspend, or discontinue the Service or any of its features, temporarily or permanently, at any time and without notice. To the fullest extent permitted by law, API LLC is not liable for any changes, suspensions, or terminations.
- 9.3. Data Deletion: Upon account termination, API LLC may, at its discretion and subject to applicable law or contractual obligations, delete any associated data.
10. Intellectual Property Rights: ePRO Connect, including but not limited to its source code, algorithms, user interfaces, designs, databases, Application Programming Interfaces (APIs), and any associated documentation, is the sole and exclusive property of API LLC. All rights, title, and interest in and to ePRO Connect, including any enhancements, modifications, or derivative works, shall remain with API LLC. API LLC reserves all rights not expressly granted in this Agreement. No rights or licenses are granted by implication, estoppel, or otherwise except as expressly set forth in this Agreement. You agree and acknowledge that:
- 10.1. Ownership and Rights: All rights, title, and interest in and to the Software, including but not limited to all underlying source code, object code, algorithms, methodologies, designs (including graphical user interfaces), documentation, business strategies, pricing strategies, trade secrets, trademarks, service marks, patents, copyrights, and any custom programs developed for implementation, whether or not expressly listed herein, are and shall remain the exclusive property of API LLC. No rights or ownership are transferred under this Agreement.
- 10.2. Derivative Works: You agree that any modifications, derivative works, or improvements to the Software, whether created by API LLC, you, and/or jointly, shall be the sole property of API LLC, unless explicitly agreed otherwise in writing. All trademarks, service marks, logos, trade names, and branding associated with ePRO Connect and its APIs are the sole property of API LLC and may not be used without API LLC’s prior written consent.
- 10.3. Third Party Components: The Software may include third-party components subject to separate license terms. You agree to comply with all applicable terms and conditions for such third-party software. API LLC disclaims liability for any restrictions or obligations imposed by third-party licenses.
- 10.4. Confidentiality: You acknowledge that the Software and its associated intellectual property embody API LLC’s proprietary and confidential information. You agree to protect the Software and its related intellectual property from unauthorized access, use, disclosure, or distribution.
- 10.5. Feedback: Any suggestions, enhancements, ideas, or other feedback you provide regarding the Software shall be considered non-confidential and shall become the sole property of API LLC. API LLC may use and incorporate such feedback into the Software or its other offerings without obligation or compensation to you.
- 10.6. IP Indemnification: API LLC represents and warrants that it has all necessary rights to grant the license provided herein and that the Software does not infringe any third-party intellectual property rights. API LLC agrees to indemnify and hold you harmless against claims of IP infringement arising from the use of the Software, provided such use is in accordance with this Agreement.
- 10.7. Data: You acknowledge that data ownership ultimately resides with the patient, in accordance with the Privacy Policy. API LLC and its partners may use data collected through ePRO Connect to conduct their respective business operations. Under no circumstance will API LLC or any third party disclose or distribute data in any manner that violates the Terms of Service, Privacy Policy, or applicable agreements.
- 10.8. Suspension of Access: API LLC reserves the right to suspend access immediately upon detection of unauthorized use or material breach, pending resolution.
11. Information We Collect: We collect both personal and non-personal information in the course of providing our Service. This may include:
- 11.1. Personal Information: This includes identifiers such as names, addresses, email addresses, phone numbers, patient health data, and other sensitive personal information that you provide directly through our platform or services.
- 11.2. Health Information: We may collect health-related information such as medical records, patient-reported outcomes, and appointment details, which is governed by the Health Insurance Portability and Accountability Act (HIPAA) in the United States.
- 11.3. Non-Personal Information: This includes data collected automatically when you use our platform, such as device information, usage patterns, IP addresses, and cookies.
- 11.4. Financial Information: If the Practice uses ePRO Connect to process credit card transactions, certain financial information such as payment details may be collected by third-party payment processors. API LLC does not handle or store any financial information related to these transactions. All credit card processing is managed by the third-party providers integrated into the ePRO Connect platform.
12. How We Use Information: We use your information for the following purposes:
- 12.1. Patient Data: We use patient data to provide and enhance the functionality of the ePRO Connect service. This includes sending appointment reminders, care instructions, educational content, survey prompts, and other relevant communications as directed by the Practice.
- 12.2. Practice Data: We use Practice data to facilitate the operation of ePRO Connect, ensuring that the platform meets the Practice’s needs and that authorized users can access the required functionalities.
- 12.3. Usage Data: We collect and analyze usage data to improve the performance and functionality of ePRO Connect, troubleshoot issues, and optimize the service based on usage patterns.
- 12.4. Financial Information:
- 12.4.1. Credit Card Processing: When processing credit card transactions via third-party payment processors, we may use patient demographic data to facilitate the transaction process. API LLC does not process or store financial data; this is handled by the third-party payment processors.
- 12.4.2. Patient Financing Applications: ePRO Connect may connect patients to financing options through third-party partners. In such cases, patient demographic data may be used to send prequalification application links via non-encrypted SMS. API LLC does not handle or store financing application data; it only facilitates the connection to third-party financing providers.
- 12.4.3. API LLC does not process or store credit card transactions. Any disputes regarding payments, refunds, or chargebacks must be addressed directly with the third-party payment processor or your medical practice. API LLC is not liable for failed payments, transaction errors, or unauthorized charges.
13. Information We Do Not Collect and Practices We Do Not Engage In:
- 13.1. Run Ads on Our Platform: We do not display third-party advertisements on our platform or use your data for advertising purposes.
- 13.2. Sell Patient or Practice Data to Third Parties: We do not sell any personal, health-related, or practice data to third parties. Your data is kept confidential and is only shared as necessary to provide the Service, as outlined in this Privacy Policy.
- 13.3. Use Cookies to Follow Patients on Other Sites: We do not use cookies or other tracking mechanisms to follow patients on external websites or across different platforms for marketing or advertising purposes.
14. Sharing of Information: We do not sell your personal information to third parties. However, we may share your information in the following cases:
- 14.1. Service Providers: We may share your information with third-party service providers who help us operate and improve our Service (e.g., cloud hosting providers, analytics services, etc.).
- 14.2. Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.
- 14.3. Legal Compliance: We may disclose your information when required to do so by law or to protect our rights, safety, or property, or that of others.
15. Data Retention: We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, including complying with applicable legal obligations and resolving disputes. Specifically:
- 15.1. We retain practice data for the duration of their subscription to ePRO Connect and for a period of up to 6 years thereafter, unless a longer retention period is required by applicable law or contractual obligations.
- 15.2. We retain practice data in accordance with applicable legal, regulatory, and contractual obligations. Practices may contact us for more details regarding data retention and deletion policies.
- 15.3. After the retention period ends, all personal and practice data will be securely deleted or anonymized using industry-standard secure deletion protocols to ensure it cannot be recovered.
16. How We Protect Your Information:
- 16.1. All web traffic is encrypted via SSL.
- 16.2. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems.
- 16.3. When we send emails regarding appointments, we include your name, email, and practice name, but we do not include your date of birth or medical information.
- 16.4. Your date of birth and reason for visit will only be transferred to the medical practice over encrypted channels.
17. How We Use Cookies: We use cookies for the following purposes:
- 17.1. Session management: To store login information that persists across your session.
- 17.2. Website traffic analysis: To generate website traffic reports via Google Analytics (GA). GA uses its own cookies to provide this information.
- 17.3. UTM Tracking: We may use UTM (Urchin Tracking Module) parameters in URLs to track the effectiveness of marketing campaigns conducted by the practices using ePRO Connect. These cookies allow us to track where visitors are coming from (e.g., from email campaigns, social media, or ads) to help the practice understand traffic sources and improve the overall patient experience.
- 17.4. Cookie Preferences: You can adjust your cookie settings through your browser or any cookie management tools available on our platform. Please note that disabling cookies may affect certain functionalities of the platform.
18. Third-Party Disclosures: We will not sell, trade, or transfer your personally identifiable information unless we provide you with advance notice. This does not include:
- 18.1. Medical practices we are contacting on your behalf.
- 18.2. Website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
- 18.3. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
19. Not a Medical Device: You acknowledge that ePRO Connect is a communication tool and is not classified as a medical device by the FDA. ePRO Connect is not intended for use as part of medical diagnosis or treatment. Any incorporation of ePRO Connect in patient management is informational only and is not to be considered part of the medical treatment. API LLC is not responsible for medical complications, incorrect self-reported data, or provider recommendations based on ePRO Connect data.
20. HIPAA Compliance: ePRO Connect is designed to assist the Practice in complying with the Health Insurance Portability and Accountability Act (HIPAA) when managing patient data. However, the Practice is ultimately responsible for ensuring that it handles Protected Health Information (PHI) in accordance with HIPAA regulations.
- 20.1. Role of API LLC: API LLC provides the ePRO Connect platform and related services, but does not directly manage PHI beyond necessary processing for the platform’s functionality. The Practice remains responsible for managing PHI in compliance with HIPAA.
- 20.2. Security Measures: API LLC implements industry-standard security measures, including encryption and access controls, to protect PHI processed through the platform. The Practice must also ensure that it complies with HIPAA when using ePRO Connect to safeguard PHI.
- 20.3. Data Breaches: If a data breach involving PHI occurs within our systems, API LLC will promptly notify the affected Practice and provide details to support their compliance with HIPAA breach notification requirements. The Practice is responsible for managing breach notifications to affected patients, as well as complying with all relevant HIPAA breach notification requirements.
21. California Data Privacy Compliance: This section applies to Practices located in California or handling data from California residents. API LLC acknowledges its obligations under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). API LLC processes personal information solely on behalf of the Practice and will not sell or share personal information unless required by law.
- 21.1. Under the CCPA/CPRA, California residents have the following rights:
- 21.1.1. Right to Know: You have the right to request information about the categories and specific pieces of personal data we have collected about you in the past 12 months.
- 21.1.2. Right to Delete: You may request the deletion of your personal information, subject to certain exceptions.
- 21.1.3. Right to Opt-Out of Sale: API LLC does not sell your personal information to third parties.
- 21.1.4. Right to Non-Discrimination: We will not discriminate against you for exercising your rights under the CCPA.
- 21.2. The Practice is responsible for responding to requests from California residents exercising their rights under the CCPA/CPRA, such as requests to access, delete, or correct their personal information.
- 21.3. Exercising Your Rights: California residents can submit requests under the CCPA/CPRA by contacting us as outlined in Section 19.
22. Children’s Online Privacy Protection Act (COPPA) Compliance:
- 22.1. We are committed to protecting the privacy of children and complying with the Children’s Online Privacy Protection Act (COPPA). Our Service is not intended for individuals under the age of 13, and we do not knowingly collect, use, or disclose personal information from children without verifiable parental consent as required by COPPA. If we become aware that personal information from a child under 13 has been collected without proper parental consent, we will take immediate steps to delete such information from our systems.
23. Patient Consent:
- 23.1. The Practice is solely responsible for obtaining all necessary consents from patients whose information is entered into ePRO Connect. This applies to all methods of data entry, including but not limited to patients entered via API integration with the Practice’s EHR or PM system or patients manually entered into ePRO Connect by the Practice. Consent must include, but is not limited to, the following information:
- 23.1.1. Data Use and Storage: Patients must be informed that their data will be entered into a database and stored in an encrypted, de-identified format.
- 23.1.2. Communications:
- 23.1.2.1. By using the Service, you consent to receiving communications via non-encrypted SMS service, including but not limited to appointment reminders, care reminders, educational content, survey prompts, online review prompts, and financing prequalification application links.
- 23.1.2.2. You can opt out of SMS communications at any time by replying with “STOP” to the number sending the messages. To resume receiving SMS messages, patients can reply with “START.”
- 23.1.3. Third-Party Access: Patients must be informed that their de-identified clinical data may be accessed by the Practice, API LLC, and other third parties for non-clinical purposes such as research, clinical symposiums, peer consultations, and marketing efforts.
- 23.1.4. Data Protection: Patients must understand that their identity and/or personal contact information will not be disclosed to third parties without their express consent.
- 23.2. Patient Consent by Using ePRO Connect: By using ePRO Connect, patients also consent to the collection and use of their data as outlined in this policy. API LLC is not liable for any failure by the Practice to obtain the necessary consents as required by HIPAA, CCPA, CPRA, or other applicable privacy regulations. The Practice agrees to indemnify API LLC against any claims or regulatory actions arising from the withdrawal of consent by patients or the Practice’s failure to properly document or obtain such consent.
24. Data Security and Compliance:
- 24.1. Security Measures: API LLC takes all necessary precautions to safeguard patient data, including encryption, firewalls, and secure access controls. However, no system is 100% secure, and API LLC cannot guarantee the absolute security of any data.
- 24.2. Compliance with Regulations: API LLC complies with applicable laws and regulations, including HIPAA, CCPA, and any other data privacy laws applicable to the data collected.
- 24.3. Acknowledgement of Risk: While API LLC employs robust security measures, no system is entirely immune to cyber threats. Patients and Practices are encouraged to report any suspected vulnerabilities or concerns to us immediately.
25. Data Protection and Security:
- 25.1. Encryption: We use industry-standard encryption protocols, including SSL/TLS encryption for data in transit and strong encryption for data at rest, to protect patient data.
- 25.2. Access Controls: Access to sensitive data is restricted to authorized personnel only, based on their role within the Practice. We implement role-based access controls to ensure data is accessed only by those who need it.
- 25.3. Security Audits: We conduct regular security audits and monitor the ePRO Connect platform for abnormal activity to detect potential threats before they can cause harm.
26. Data Sharing and Disclosure:
- 26.1. Internal Use: API LLC may access personal information for the purpose of providing and improving ePRO Connect, as well as fulfilling the terms of this Privacy Policy.
- 26.2. Third-Party Service Providers: We may share data with third-party service providers, such as payment processors, email marketing platforms, and other vendors that help us provide ePRO Connect services. These third parties are contractually obligated to protect your data and use it only for the services they are contracted to perform.
- 26.3. Legal Obligations: We may disclose personal information to comply with applicable laws, regulations, or legal processes, such as responding to subpoenas or government inquiries.
27. Data Rights of Patients: Patients have the right to request access, correction, and deletion of their personal information. These rights are subject to the limitations of applicable laws. Requests can be directed to the Practice, who will work with API LLC to facilitate any necessary actions.
- 27.1. Request Process: Requests for access, correction, or deletion of personal information should be directed to the relevant Practice. API LLC will work with the Practice to facilitate timely and accurate responses to these requests.
28. Third-Party Integrations: ePRO Connect may integrate with third-party platforms, including but not limited to Electronic Health Record (EHR) systems, Customer Relationship Management (CRM) platforms, Payment Processors, and Messaging Services to facilitate appointment scheduling, patient engagement, and provider communications.
- 28.1. Limited Responsibility for Third-Party Platforms: While we strive to provide seamless integrations, API LLC is not responsible for the data security, privacy policies, or operational reliability of any third-party platform. These platforms have their own privacy policies, and we strongly encourage you to review them before sharing any personal information.
- 28.2. Data Shared with Third Parties: Depending on the integration, ePRO Connect may share limited patient information (e.g., appointment details, survey responses, or payment transaction IDs) only as necessary to enable these services.
- 28.3. Your Acknowledgment of Third-Party Use: By using ePRO Connect, you acknowledge and agree that:
- 28.3.1. Third-party platforms may process your data independently, subject to their own privacy policies.
- 28.3.2. API LLC does not control how third-party services handle your information once transferred.
- 28.3.3. You should contact your healthcare provider or the third-party service directly for questions about how they handle your data.
29. Service Interruptions:
- 29.1. Acknowledgement of Interruptions: The Service relies on external technologies, including but not limited to internet connectivity, mobile networks, healthcare provider systems, and third-party integrations (such as electronic health records, practice management software, and payment gateways). These systems may experience downtime, require maintenance, or face unexpected failures, leading to service interruptions.
- 29.2. No Breach for Interruptions: Service interruptions do not constitute a failure by API LLC to fulfill its obligations under these Terms and do not provide grounds for claims against API LLC. While API LLC will make reasonable efforts to minimize disruptions and provide notice of scheduled maintenance, there may be instances where the Service is temporarily unavailable without prior warning.
- 29.2.1. API LLC does not guarantee uninterrupted access to the Service and is not responsible for temporary outages, maintenance periods, or feature limitations resulting from external system dependencies.
- 29.3. Patient Responsibility for Access: You are responsible for ensuring that you have a compatible device, reliable internet access, and updated software required to use the Service. API LLC is not responsible for service interruptions caused by:
- 29.3.1. Your healthcare provider’s system failures or configuration issues.
- 29.3.2. Loss of internet or mobile network connectivity.
- 29.3.3. Device compatibility issues or outdated software on your end.
- 29.3.4. Third-party services (e.g., payment processors, EHR systems, SMS providers) experiencing outages.
- 29.4. Limitation of Liability: API LLC is not responsible for any costs, damages, or disruptions caused by service interruptions, including but not limited to missed appointments, delayed notifications, or failure to access educational content. You acknowledge that reliance on the Service is at your own risk.
- 29.5. Restoration Efforts: If a service interruption occurs due to API LLC’s systems, we will make reasonable efforts to restore access as quickly as possible. However, API LLC does not guarantee immediate resolution and is not liable for any resulting inconvenience.
30. Dispute Resolution:
- 30.1. Governing Law: These Terms are governed by the laws of the State of Arizona, without regard to conflict of laws principles.
- 30.2. Mandatory Arbitration: Except for disputes related to intellectual property rights or data privacy, any dispute, claim, or controversy arising out of or relating to these Terms or your use of ePRO Connect will be resolved exclusively through binding arbitration.
- 30.3. Informal Dispute Resolution: Before initiating arbitration, you agree to contact API LLC first, as outlined in Section 33, to try to resolve the dispute informally. If we are unable to resolve the dispute within 30 days, either party may then proceed with arbitration.
- 30.4. Arbitration Rules and Location: Arbitration will be conducted in Phoenix, Arizona, following the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will be handled by a single arbitrator, and the decision will be final and binding.
- 30.5. No Class Action or Jury Trial: By agreeing to these Terms, you waive your right to a trial by jury and agree not to participate in any class action lawsuits or class-wide arbitration against API LLC.
- 30.6. Arbitration Costs: Each party is responsible for their own legal fees and costs, but the arbitrator may award costs to the prevailing party.
31. Changes to This Privacy Policy: API LLC reserves the right to update or modify this Privacy Policy at any time. Any changes will be posted on our website with the updated effective date. Patients and Practices are encouraged to review this Privacy Policy periodically.
32. Accessibility Statement: API LLC is committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you require this Privacy Policy in an alternative format, please contact us as outlined in Section 33.
33. Contact Us: If you have any questions or concerns about this Privacy Policy, please contact us:
- Agile Practice Integrations, LLC
- 28071 North 90th Way
- Scottsdale, AZ, USA
- Email: jpublicover@eproconnect.com
