These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "Practitioner") and My Practice Labs LLC ("My Practice Labs," "we," "us," or "our") governing your access to and use of the My Practice Labs application and website (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
My Practice Labs is a software tool that allows independent health practitioners to record and organize client laboratory results, compare those results against customizable reference ranges, and generate reports.
My Practice Labs is a data organization tool only. It is critical that you understand the following:
You are solely responsible for any interpretation, advice, recommendation, or decision you make using information organized by the Service.
The Service is intended for use by health practitioners in the course of their professional practice. You represent that you are using the Service for professional purposes and that you are legally permitted to handle the client information you enter.
The Service is currently offered as a beta. By participating, you acknowledge that:
Account registration is currently by invitation, and we may approve, decline, suspend, or terminate accounts at our discretion.
You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account or any other breach of security.
You retain ownership of the client data you enter into the Service ("Client Data"). With respect to Client Data, you agree that:
Where you are a HIPAA-covered entity and we act as your business associate, the terms of a separate Business Associate Agreement between us govern our respective obligations with respect to Protected Health Information, and those terms control in the event of any conflict with these Terms as to that subject matter.
You agree not to:
The Service, including its software, design, text, graphics, and all related intellectual property, is owned by us or our licensors and is protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your professional purposes during the term of your account.
We do not claim ownership of your Client Data. You grant us a limited license to host, process, transmit, and display Client Data solely to provide the Service to you and as described in our Privacy Policy and any applicable Business Associate Agreement.
The Service is currently provided free of charge during the beta. We may introduce paid plans in the future. If we do, we will provide notice and the applicable pricing terms before any charges apply to you, and your continued use after that point will be subject to those terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA EXTRACTED FROM UPLOADED FILES OR ANY REFERENCE RANGE OR CALCULATION PRESENTED BY THE SERVICE WILL BE ACCURATE OR COMPLETE. YOU ARE RESPONSIBLE FOR VERIFYING ALL DATA AND FOR ALL PROFESSIONAL JUDGMENTS YOU MAKE.
THE SERVICE IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
You agree to indemnify, defend, and hold harmless My Practice Labs and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use of the Service; (b) Client Data you enter or upload; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party, including your clients; or (e) any clinical interpretation, advice, recommendation, or decision you make.
These Terms apply for as long as you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access at any time, including for violation of these Terms or for any reason during the beta, with or without notice.
On termination, your right to use the Service ends. Provisions that by their nature should survive termination will survive, including Sections 5, 7, 9, 10, 11, and 13. Handling of Client Data on termination is described in our Privacy Policy and, where applicable, in a Business Associate Agreement.
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in York County, Pennsylvania, and you consent to the jurisdiction of those courts.
We may modify these Terms from time to time. When we make material changes, we will update the "Last Updated" date and, where appropriate, notify you through the Service or by email. Your continued use of the Service after an update constitutes acceptance of the revised Terms.
These Terms, together with the Privacy Policy and any applicable Business Associate Agreement, constitute the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms may be sent to:
My Practice Labs LLC