These Terms of Service (“Terms”) govern Customer's access to and use of TheraPrac's Services. By accessing or using the Services, Customer agrees to be bound by these Terms.
Throughout these Terms:
TheraPrac provides a platform for practices/providers and clients/patients to manage healthcare-related services, including scheduling, billing, health records management, and insurance claims processing.
By using TheraPrac, you represent that you are at least 18 years old and legally capable of entering into a contract. If you are under 18, you may use our services only with the consent of a parent or legal guardian.
TheraPrac values privacy and is committed to protecting Customer Personal Information. Please refer to our Privacy Policy for detailed information about how we collect, store, and protect Customer Personal Information. Handling of Client/Patient Data (including PHI) is governed primarily by the BAA.
Limitation of Liability. To the maximum extent permitted by applicable law, and except as set forth below, neither party's total cumulative liability arising out of or relating to these Terms or the Services, regardless of the form of action, shall exceed the greater of (a) one thousand U.S. dollars ($1,000) or (b) the fees paid by Customer to TheraPrac in the twelve (12) months preceding the event giving rise to liability. In no event shall either party be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or use, even if advised of the possibility of such damages.
The foregoing limitations do not apply to: (a) Customer's obligation to pay fees that are due; (b) either party's indemnification obligations under these Terms; (c) either party's gross negligence, willful misconduct, or fraud; or (d) any liability that cannot be excluded or limited under applicable law.
Sole and Exclusive Remedy. The remedies expressly provided to Customer in these Terms — including, where applicable, suspension of the Services, termination, and the limited liability described in this Section — are Customer's sole and exclusive remedies for any breach of these Terms by TheraPrac, any failure or unavailability of the Services, or any other claim arising out of or relating to these Terms or the Services. To the maximum extent permitted by applicable law, Customer waives all other rights, remedies, claims, and causes of action available at law or in equity.
The foregoing limitations apply regardless of the legal theory on which the claim is based and survive termination of these Terms.
Customer will indemnify, defend, and hold harmless TheraPrac from and against any third-party claims, damages, and costs (including reasonable attorneys' fees) arising from (a) Customer's or any Authorized User's use of the Services in violation of these Terms or applicable law; (b) Customer Data or Customer's acts or omissions; or (c) Customer's breach of these Terms.
TheraPrac will indemnify, defend, and hold harmless Customer from and against any third-party claim alleging that the Services, as provided by TheraPrac and used by Customer in accordance with these Terms, infringe a valid U.S. intellectual property right of the claimant. The foregoing obligation does not apply to claims arising from (i) Customer Data; (ii) Customer's modification or combination of the Services with materials not provided by TheraPrac; or (iii) use of the Services in violation of these Terms.
Termination by Customer. Customer may terminate these Terms by closing Customer's account through in-product settings or by contacting TheraPrac at terms@theraprac.com. Termination is effective at the end of the then-current billing period unless otherwise required by applicable law.
Termination by TheraPrac. TheraPrac may terminate these Terms or Customer's access to the Services for convenience on thirty (30) days' written notice. TheraPrac may suspend or terminate the Services or Customer's account immediately and without prior notice if: (a) Customer breaches these Terms; (b) Customer fails to pay fees when due and remains delinquent after the notice period described in Section 5; (c) Customer's use of the Services creates a security, legal, or operational risk; or (d) suspension or termination is required by applicable law, regulation, or order of a court or governmental authority.
Effect of Termination. Upon termination, Customer's right to access the Services ends. Customer is responsible for retaining any Customer Personal Information Customer wishes to keep before termination takes effect. Customer Personal Information may be deleted following termination as described in the Privacy Policy. The handling of Client/Patient Data (including PHI) following termination is governed by the BAA. The provisions of these Terms that by their nature should survive termination (including, without limitation, intellectual property rights, payment obligations, limitations of liability, sole and exclusive remedy, indemnification, and dispute resolution) shall survive.
These Terms shall be governed by the laws of the State of Utah, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Utah.
We may update these Terms from time to time to reflect changes to our services or for other operational, legal, or regulatory reasons. If we make material changes, we will notify you by updating the 'Effective Date' at the top of these Terms and, where appropriate, by sending an email notification. Your continued use of TheraPrac following the changes constitutes your acceptance of the updated Terms.
If you have any questions about these Terms, please contact us at:
TheraPrac Email: terms@theraprac.com
