Terms of Service for WisePractice.io
Effective Date: 22/05/2025
WisePractice.io ("Company," "we," "us," or "our") provides its services to you ("User," "you," or "your") subject to the following Terms of Service ("Terms"). By accessing or using our platform and services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
1. Acceptance of Terms
By creating an account or using our services, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement. If you are using the services on behalf of an organization, you represent that you have the authority to bind that entity to these Terms.
2. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of the services after such changes constitutes your acceptance of the new Terms. It is your responsibility to review the Terms periodically.
3. Services Description
WisePractice.io offers a Customer Relationship Management (CRM) platform designed to assist users in managing client relationships and data. While we implement industry-standard security measures, it is your responsibility to ensure that your use of our services complies with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA), if applicable.
4. User Responsibilities
Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Compliance: You agree to use the services in compliance with all applicable laws, regulations, and industry standards, including but not limited to HIPAA, if you handle Protected Health Information (PHI).
Prohibited Activities:
You agree not to:
Use the services for any unlawful purpose.
Upload or transmit any harmful code or content.
Interfere with or disrupt the integrity or performance of the services.
Attempt to gain unauthorized access to the services or related systems.
5. HIPAA Compliance
If you are a covered entity or business associate under HIPAA and intend to use WisePractice.io to store or process PHI, you must enter into a Business Associate Agreement (BAA) with us. Without a BAA, you are prohibited from using the services to store or process PHI.
6. Data Privacy and Security
Data Ownership: You retain all rights to the data you input into the platform. We do not claim ownership of your data.
Data Use: You grant us a non-exclusive, worldwide, royalty-free license to use, process, and transmit your data as necessary to provide the services.
Data Security: We implement administrative, physical, and technical safeguards to protect your data. However, you are responsible for ensuring that your use of the services complies with applicable data protection laws.
7. Payment Terms
Fees: You agree to pay all applicable fees for the services as described on our website or in your service agreement.
Billing: Fees are billed in advance on a monthly or annual basis, as per your subscription plan.
Refunds: Except as required by law, all fees are non-refundable.
Late Payments: Late payments may result in suspension or termination of your account.
8. Term and Termination
Term: These Terms commence on the date you first use the services and continue until terminated.
Termination by You: You may terminate your account at any time by following the account termination procedures on our platform.
Termination by Us: We may suspend or terminate your account for any violation of these Terms or applicable laws.
Effect of Termination: Upon termination, your right to access the services will cease, but certain provisions of these Terms will survive, including those relating to data ownership, confidentiality, and liability.
9. Intellectual Property
Ownership: We retain all rights, title, and interest in and to the services, including all related intellectual property.
License: We grant you a limited, non-exclusive, non-transferable license to use the services in accordance with these Terms.
Restrictions: You may not modify, distribute, or create derivative works based on the services without our prior written consent.
10. Confidentiality
Definition: "Confidential Information" includes all non-public information disclosed by one party to the other, whether orally or in writing.Obligations: Both parties agree to protect the confidentiality of the other party's Confidential Information and not to disclose it to third parties without consent.Exceptions: Confidential Information does not include information that is publicly available, independently developed, or lawfully obtained from a third party.
11. Warranties and Disclaimers
Warranties: We warrant that we will provide the services in a professional manner consistent with industry standards.Disclaimers: Except as expressly provided, the services are provided "as is" without warranties of any kind. We disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose.
12. Limitation of Liability
Indirect Damages: We are not liable for any indirect, incidental, special, or consequential damages arising out of or related to the use of the services.
Direct Damages: Our total liability for direct damages is limited to the amount you paid for the services in the twelve months preceding the claim.
13. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your use of the services, violation of these Terms, or infringement of any rights of a third party.
14. Governing Law and Dispute Resolution
Governing Law: These Terms are governed by the laws of the State of CO, without regard to its conflict of laws principles.
Dispute Resolution: Any disputes arising under these Terms shall be resolved through binding arbitration in Boulder, CO, in accordance with the rules of the American Arbitration Association.
15. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between the parties and supersede all prior agreements.
Severability: If any provision is found to be unenforceable, the remaining provisions will remain in effect.
Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
Contact Information
For questions or concerns regarding these Terms, please contact us at:
WisePractice.io Support Team
Email: [email protected]
Phone: [email protected]