C L I N I C M A S T E R

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Terms of Use

Addatech invites you to access its websites and use its Platform and resources (collectively referred to as “Services”), subject to your agreement with the Terms of Use (hereafter, the “Terms”). This section describes in detail your rights (referred to as “You” or “Your”) and Addatech’s rights (referred to as “Addatech” or “We” or “Us”) relating to the provision of the Service Addatech provides.

Notice to Patients

These Terms do not apply to patient files. Patients need to communicate directly with their practitioner(s) for any information about or pertaining to a patient file. Refer to Addatech’s Privacy Policy to better understand how we collect and uses patient information.

Acceptance

By using Addatech’s website and products, the user agrees to the Terms in full. These Terms may be updated or amended from time to time. If a user disagrees with the Terms or a section of the Terms, the user must cease to use our website and products.

Intellectual Property

Ownership of the Services

Addatech is the sole proprietor of the Services. It owns and has obtained the rights to use all intellectual property rights in the Services. This includes the underlying software and technology that operates the Services, all materials and content posted or made available on our website or through the Services, as well as the trademarks Addatech and Clinicmaster.

Licensing

Addatech grants each Subscriber, and each user using the Services, a limited license to access and use the materials and content within the Services solely on a personal device for the Subscriber’s internal business purposes and for your own personal, non-commercial use, if:

  • You retain and keep intact all trademark, copyright, and other proprietary notices;
  • You do not circulate or distribute our materials or content publicly, unless expressly authorized to do so;
  • You do not sell or otherwise commercialize our materials or content for your own gain or for the gain of any other person; and
  • You accept our Acceptable Use Policy.

Feedback and Contributions

Addatech encourages you to provide feedback about its Services and aims to include such contributions in its resources where possible. To avoid legal disputes, all users grant Addatech a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right and license to use received feedback and contributions, including incorporating said contributions into the Services and sharing them with other users. Providing feedback and/or contributions does not make you an author, inventor or contributor of the Services and does not entitle you to any compensation or to any ownership rights in the Services.

Third-Party Services

Addatech offers integrations with third-party services that a user may choose to use with our Services, such as, but not limited to, email services, payment processing, patient assessment tools, online bookkeeping, electronic billing and insurance claims. Using such third-party services via our Services does not exonerate users from the legal terms of those third-party service providers. Addatech cannot be held responsible for those third-party service providers.

Acceptable Use Policy

Users of Addatech’s Services are expected to behave in a responsible manner and to show respect for our staff, intellectual property and the applicable law. The user agrees to communicate with our staff in a mutually respectful manner at all times.

In addition, you must not:

  • unlawfully copy and use any content from our Services on any other website or server;
  • post or communicate any material that is unlawful, harmful, defamatory, obscene, profane, discriminating, harassing, threatening, infringing of intellectual property, invasive of privacy rights, or otherwise objectionable;
  • gather, scrape or otherwise collect information about others from our Services, including names and email addresses;
  • probe, scan or test the vulnerability of the Services or any web site, or breach the security or authentication measures of the Services;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Services; or
  • pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Addatech reserves the right to unilaterally suspend or terminate a user’s use of any or all of the Services, or take other immediate appropriate remedial action, to address any inappropriate conduct, violation or suspected violation of the Acceptable Use Policy or these Terms.

Subscribing

Subscription

A Subscriber can subscribe to Addatech’s clinic management platform by signing up for one of its subscription plans and paying the applicable fees. Alternatively, a user is also considered a Subscriber if he uses a free Service on a monthly basis. Subscriptions run on a monthly basis. Fees are charged monthly in accordance with the billing information discussed at the time of subscription. The person signing up for a subscription on behalf of a Subscriber and who is authorized to administer the account for the Subscriber (the “Account Owner”) may update or cancel their respective Subscriber’s billing information at any time by contacting Addatech support. Subscriptions and fees may be increased to match increases in your platform usage over time.

Availability of the Services

Upon successfully subscribing and paying, Addatech will make the Services available to the Subscriber’s users according to the subscription plan selected. All Services will be made available in accordance with our Service Level Agreement.

Limitations

Addatech’s websites, documentation, training and other resources are provided for general information only. As such, they may not always be accurate or complete and are not intended to provide legal advice. Addatech strongly recommends that Subscribers expressly seek out their own guidance and advice with respect to regulatory and legal compliance.

Subscriber Accounts

Account Owner

Each Subscriber will have one or more Account Owners. All questions about a Subscriber’s subscription and its user account(s) should be first directed to the Account Owner(s). A Subscriber may change its Account Owner(s) by contacting Addatech support.

User Accounts

All Subscribers and users must provide accurate, current and complete information when creating their user accounts. Subscribers are responsible for all activities that occur under their user accounts and for any issues, claims or disputes arising out of the conduct of their users. Subscribers must take appropriate steps to protect their user accounts, including, but not limited to:

  • Require users to set strong passwords, and update them regularly;
  • Keep user ID’s and passwords confidential at all times;
  • Do not provide any false identity information to access the Services.

Addatech exonerates itself and will not be held liable for any losses or damages caused by a Subscriber’s failure to maintain the confidentiality of its user accounts and its account credentials. Any breach of data needs to be immediately reported to Addatech’s support team.

Subscriber Data

Ownership and Control

Subscribers retain ownership and control of patient data which includes, but is not limited to, all information collected, entered, created or otherwise provided by the Subscriber and its users in the course of using the Services (“Subscriber Data”). Subscribers are responsible for ensuring that their collection and use of Subscriber Data complies with applicable laws and regulatory requirements.

Each individual Subscriber independently determines the following:

  • What Subscriber Data to collect;
  • How the Subscriber will use the Subscriber Data;
  • Which practitioners and staff have access to Subscriber Data;
  • How long the Subscriber will store Subscriber Data;
  • When and why Subscriber Data will be deleted.

Storage and Access

Addatech is a service provider to Subscribers and will keep Subscriber Data stored securely, as per the section Security. Addatech will only access Subscriber Data at the request of a Subscriber or its users, when and if needed in order to prevent or address technical issues affecting the Services, or if required by law, regulation or court order. As we otherwise do not have control over Subscriber Data, we will not be held responsible for incorrect, incomplete, lost or damaged Subscriber Data, except to the extent it is caused by our failure to meet our obligations under these Terms.

HIPAA / GDPR / PEPIDA / PHIPA / PIPA Compliance

Any Subscriber who is subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) can expressly request that Addatech enters into a Business Associate Agreement (“BAA”) with the Subscriber. If a Subscriber is subject to the General Data Protection Regulation (“GDPR”), the terms of our Data Processing Addendum will apply and are incorporated into these Terms.

Questions About Subscriber Data

If you have any questions about your Subscriber Data, please first contact your Account Owner(s). Account Owners who have questions about Subscriber Data can then contact Addatech support.

Anonymized/Aggregated Data

Addatech may use software algorithms to gather and process anonymous and aggregated information from Subscriber Data. The scope is to assist in our continued development and improvement of the Services, as well as for research, data analysis, benchmarking, statistics and/or trend analysis. We pledge that none of the gathered information will identify, or could be used to identify, any user or patient. Furthermore, we may share such anonymized information with Subscribers, users and other third-party entities.

Security

Safeguards

Addatech pledges to maintain industry-standard administrative, physical and technical safeguards to prevent any unauthorized access, use or disclosure of Subscriber Data processed through or stored in the Services. These safeguards include, but are not limited to, security policies and training for our personnel, access controls, minimum security certifications and practices for our data centers, PCI-compliant payment processors and encryption. The Services also contain features which allow you to further enhance the security of your Subscriber Data. Refer to Addatech’s training materials for details.

Security Breach

Addatech will notify affected Subscribers if Addatech determines that the security of the Services has been breached and this results in Subscriber Data being accessed by or disclosed to an individual or entity who is not authorized to access or receive such information. Addatech will communicate directly with the affected Subscriber(s) and explain the corrective action(s) being taken in response to the security breach, while reasonably cooperating with said Subscriber(s) in mitigating the effects of any lost or compromised Subscriber Data.

Your Responsibility

Subscribers and users must notify Addatech immediately if they become aware of any unauthorized use of their account(s), Subscriber Data, or any other known or suspected breach of security.

Data Retention Policy

During the Subscription Term

Addatech’s clinic management platform is designed and certified to retain, protect and preserve the integrity of Subscriber Data in order to adhere to regulatory and compliance obligations in respect to patient records. Subscriber Data will not be deleted during the subscription term, unless otherwise provided by law or regulation.

Data Export

Subscribers may export their Subscriber Data at any time.

After Termination

Upon a subscription expiring or being terminated, the account is automatically deactivated. The account and any Subscriber Data associated with the account will no longer be available for use and will cease to be accessible to the Subscriber. Addatech preserves the right to retain the account and its Subscriber Data for the sole purpose of offering it back to the same Subscriber in the event the Subscriber wishes to re-activate the account. We will store Subscriber Data securely and isolate it from any further processing while it is deactivated.

Termination

Overdue Fees

If any fees are more than 30 days overdue, Addatech may, without limiting its other rights and remedies, suspend or terminate access to the Services until the overdue amounts are paid in full. We will provide reasonable notice that fees are overdue before suspending or terminating an account. We will not exercise this right if the Subscriber is disputing the applicable fees reasonably and in good faith and is cooperating diligently to resolve the dispute.

Termination by Addatech

Addatech may terminate or suspend access to the Services, or suspend or deactivate a Subscriber’s or a user’s account, if the Subscriber or user breaches any obligations under these Terms. We may also terminate a Subscriber’s subscription if we discontinue the Services. Addatech will deploy reasonable efforts to notify its users in advance of any suspension or termination and help Subscribers retrieve their Subscriber Data.

Refunds

If a Subscriber terminates its subscription due to a breach by Addatech or Addatech discontinues the Services, we will refund any pre-paid fees for the remaining unused portion of the subscription term. If we terminate a Subscriber’s subscription due to a breach by the Subscriber, the Subscriber will not be entitled to any refund and must pay any unpaid fees for the remaining unused portion of the subscription term.

Fees Prior to Termination

Termination does not relieve a Subscriber of its obligation to pay fees for any period prior to the effective date of termination.

Legal Limits

Disclaimer

Addatech’s aim is to provide the best Services in the industry; however, we cannot promise, and does not represent or warrant that:

  • The Services offered will meet your specific needs or requirements, or will do so perfectly;
  • The Services will be uninterrupted, timely, 100% secure or free from errors, viruses or other defects; or
  • Information provided through the Services will be accurate, timely, complete or reliable.

Agreement

AS AN ADDATECH SUBSCRIBER AND/OR USER, YOU UNDERSTAND AND AGREE TO THE FOLLOWING:

(A) EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY AND THAT USE OF THE SERVICES IS AT YOUR SOLE RISK;

AND

(B) ADDATECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY OR NON-INFRINGEMENT.

Limitation of Liability

THE TOTAL LIABILITY OF EITHER OF US under these terms WILL BE LIMITED TO THE AMOUNT YOU PAID TO ADDATECH FOR USE OF THE SERVICES IN THE three (3) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.

No Indirect or Consequential Damages

Notwithstanding the above, neither Addatech or the Subscriber will be liable, under any circumstances, for any indirect, special or consequential damages arising out of or in connection with the services, such as lost revenue or business interruption.

Notices, Governing Law and Disputes

Notices

Addatech will provide Subscribers with notices, alerts and communications regarding the Services and these Terms electronically to the email address on file. All notices can be provided to Addatech.

Governing Law

The Services are provided by Addatech from its offices in Montreal, Canada. All matters relating to access to and use of the Services will be governed by the laws of the Province of Quebec, Canada.

Disputes

In the event of a dispute, the first step is to try to settle the dispute through consultation and negotiation in good faith and a spirit of mutual cooperation. Parties may also agree to use some form of non-binding alternative dispute resolution, such as mediation. If unable to resolve the dispute within 60 days after it first arose, the next step is to resolve the dispute by binding arbitration before a single arbitrator with relevant experience. The arbitration will be held in Montreal, Quebec and will be administered by ICDR Canada ( www.icdr.org/icdrcanada ) in accordance with its Canadian Expedited Procedures.

Contact Us

Questions regarding the Services or these Terms can be forwarded to support@Addatech.com. Addatech will make every effort to answer your questions.

Updated on September 20th, 2020. These Terms of Use are subject to changes and updates from time to time.