Terms of Service
Last updated: December 2024
1. Introduction
These Terms of Service ("Terms") govern your use of ContextCare's healthcare management platform and related services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.
2. Service Terms
These terms govern your use of ContextCare services and platform.
Service Description ContextCare provides digital tools and services for addiction therapy professionals, including AI-assisted session note creation, patient management and scheduling, digital biomarker tracking, and calendar integration and reminders.
User Obligations As a user of our services, you have certain responsibilities and obligations, including providing accurate and complete information, maintaining the security of your account, complying with applicable laws and regulations, and using the service for its intended purpose.
3. Prohibited Uses
The following activities are strictly prohibited when using our services.
Illegal Activities Any use of our services for illegal purposes or activities is strictly prohibited.
Unauthorized Access Attempting to access systems or data without proper authorization is prohibited.
Service Misuse Using our services in ways that could harm or disrupt the platform is not allowed.
Terms Violation Any violation of these terms or applicable laws and regulations is prohibited.
4. Healthcare-Specific Terms
Additional terms specific to healthcare services and data processing.
Professional Licensing You represent and warrant that you are a licensed healthcare professional authorized to provide therapy services in your jurisdiction, and that your use of our platform complies with all applicable professional standards and regulations.
Professional Standards You agree to maintain professional standards of care, maintain appropriate professional boundaries, and comply with all applicable healthcare regulations, including but not limited to patient confidentiality, informed consent, and documentation requirements.
Emergency Situations Our platform is not designed for emergency situations. In case of medical emergencies, immediately contact emergency services. We are not responsible for any delays in emergency care or any consequences arising from reliance on our platform in emergency situations.
Healthcare Liability Limitations While we provide tools to support your practice, you remain solely responsible for all clinical decisions, patient care, and professional judgment. We do not provide medical advice and are not liable for any clinical outcomes or patient care decisions.
Healthcare Data Processing You acknowledge that our platform processes sensitive healthcare data and agree to use it only for authorized healthcare purposes. You are responsible for obtaining appropriate patient consent and ensuring compliance with healthcare data protection laws.
Patient Consent You are responsible for obtaining and maintaining appropriate informed consent from patients for the use of our platform and the processing of their health data. You must ensure patients understand how their data will be used and their rights under applicable privacy laws.
Data Breach Reporting In the event of a data breach involving patient information, you agree to notify us immediately and cooperate with any investigation. You are also responsible for complying with any applicable breach notification requirements in your jurisdiction.
Audit and Compliance You agree to maintain appropriate records and documentation as required by healthcare regulations. We may conduct audits to ensure compliance with these terms and applicable healthcare laws, with reasonable notice.
Healthcare Service Termination Upon termination of your account, you are responsible for ensuring continuity of patient care and proper transfer of patient records as required by healthcare regulations. We will assist with data export as required by law.
5. Data Processing Terms
Terms governing the processing of personal and health data.
Data Ownership You retain ownership of all patient data and clinical content you create using our platform. We process this data only as necessary to provide our services and as authorized by you and applicable law.
Data Security We implement industry-standard security measures to protect your data. However, you are responsible for maintaining the security of your account credentials and ensuring appropriate access controls within your organization.
Data Backup We maintain regular backups of your data for disaster recovery purposes. However, you are responsible for maintaining your own backups of critical clinical data as required by your professional obligations.
Data Retention We retain your data in accordance with our privacy policy and applicable healthcare regulations. Upon account termination, we will delete or return your data as required by law, subject to our legal obligations to retain certain records.
Data Export You may export your data at any time using our platform tools. We will provide data in standard formats suitable for import into other systems, subject to reasonable technical limitations.
6. Intellectual Property
Understanding our intellectual property rights and your usage rights.
Ownership We retain ownership of our platform, technology, and intellectual property, including platform software and technology, brand names, logos, and trademarks, and documentation and content.
License Grant We grant you a limited license to use our services for authorized purposes, which is non-exclusive, non-transferable, limited to authorized use only, and subject to these terms and conditions.
7. Limitation of Liability
Understanding our liability limitations and your responsibilities.
Service Disclaimer Our services are provided 'as is' without warranties of any kind, either express or implied.
Liability Limitation Our liability is limited to the amount you paid for our services in the twelve months preceding the claim.
Indemnification You agree to indemnify us against certain claims and damages arising from your use of our services.
Excluded Damages We are not liable for indirect, incidental, or consequential damages, including lost profits, data, or business opportunities.
8. Service Levels
Service availability and support commitments.
Service Uptime We strive to maintain 99.9% uptime for our core services. We will provide advance notice of scheduled maintenance and make reasonable efforts to minimize service interruptions.
Technical Support We provide technical support during business hours. For critical issues affecting patient care, we will respond within 4 hours. For non-critical issues, we will respond within 24 hours.
Service Updates We may update our services from time to time to improve functionality, security, or compliance. We will provide reasonable notice of significant changes that may affect your use of the platform.
Scheduled Downtime We will schedule maintenance during low-usage hours and provide at least 48 hours notice for planned maintenance that may result in service interruption.
9. Compliance and Regulatory
Compliance with healthcare and data protection regulations.
GDPR Compliance We process personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Our data processing activities are governed by our privacy policy and data processing agreements.
Healthcare Privacy Compliance While we are not a HIPAA-covered entity, we implement security measures that align with HIPAA requirements and other healthcare privacy standards. You remain responsible for your own HIPAA compliance.
Regulatory Changes We will update our platform to comply with changes in healthcare and data protection regulations. You are responsible for ensuring your use of our platform complies with applicable regulations in your jurisdiction.
Audit Rights You have the right to audit our data processing activities related to your account, subject to reasonable notice and confidentiality requirements. We will cooperate with regulatory audits as required by law.
10. Termination
How and when your account or service may be terminated.
User Termination You may terminate your account at any time for any reason by canceling your subscription, exporting your data before termination, and contacting support for assistance.
Company Termination We may terminate accounts for violations of these terms, non-payment or fraud, or service discontinuation.
11. Dispute Resolution
How disputes will be resolved.
Mediation Before pursuing legal action, we agree to attempt to resolve disputes through good faith negotiation and, if necessary, mediation conducted by a neutral third party.
Governing Law and Jurisdiction These terms are governed by the laws of Ireland. Any disputes will be subject to the exclusive jurisdiction of the Irish courts, except where mandatory consumer protection laws provide otherwise.
Class Action Waiver You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.
12. Miscellaneous
Additional legal terms and conditions.
Entire Agreement These terms, together with our privacy policy and any other agreements referenced herein, constitute the entire agreement between you and ContextCare regarding the use of our services.
Severability If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver Our failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision.
Assignment You may not assign or transfer your rights under these terms without our written consent. We may assign these terms in connection with a merger, acquisition, or sale of assets.
Force Majeure We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, or other unforeseeable events.
13. Contact Us
Have questions about these terms? Get in touch with our legal team.
Legal Team
For questions about these terms and legal matters.
Email: legal@contextcare.eu