MedSafely LLC Terms of Se

Last Updated: 4/1/2025

Introduction

This Terms of Service Agreement ("Agreement") is a legal contract between MedSafely LLC, a Delaware limited liability company ("MedSafely," "we," or "us") and you, the user ("you" or "User"). MedSafely provides a healthcare technology platform (the "Platform") designed for [specific purpose]. This Agreement governs your access to and use of the Platform. In this Terms of Service, the term “Platform” will refer to using or obtaining any information from MedSafely, LLC.

By clicking "Accept" or by otherwise accessing or using the Platform, you:

  • Affirm that you have read, understood, and agree to be bound by these terms.
  • Represent that you are at least 18 years old and legally competent to enter into contracts.

If you do not accept these terms, you are not permitted to use the Platform. Please click "Cancel" and refrain from accessing or using the Platform.


1. License

MedSafely grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform for personal use. This license is for individual healthcare providers only. If you require an enterprise license, please contact MedSafely directly at licensing@medsafely.com.

You may not:

  • Copy, modify, or create derivative works based on the Platform.
  • Decompile, disassemble, or reverse engineer any aspect of the Platform.
  • Circumvent security mechanisms.
  • Sell, sublicense, lease, rent, distribute, or transfer access to third parties.
  • Share credentials that would allow unauthorized access.
  • Use the Platform for life support systems or any critical application where failure could result in loss of life.
  • Export or use the Platform in violation of applicable laws or regulations.

2. HIPAA Compliance and Protected Health Information

MedSafely complies with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act). All Protected Health Information ("PHI") processed through the Platform is handled in accordance with our Business Associate Agreement and applicable privacy laws.

Users must:

  • Comply with HIPAA requirements.
  • Provide only the minimum necessary PHI for permitted purposes.
  • Report unauthorized disclosures or security incidents within 24 hours.
  • Maintain appropriate safeguards for PHI.
  • Use the Platform in compliance with all privacy laws.

3. Intellectual Property

The Platform, including all content, features, and functionality, is owned by MedSafely and protected by copyright, trademark, and other intellectual property laws. This Agreement does not transfer ownership rights to you.

All trademarks, service marks, and trade names are proprietary to MedSafely. You may not use these marks without prior written permission.

You retain ownership of any content you submit to the Platform but grant MedSafely a worldwide, non-exclusive license to use, store, and process such content for Platform operations.


4. Disclaimer of Warranties

The Platform is provided "as is" and "as available," with no warranties of any kind. MedSafely expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

MedSafely does not guarantee that:

  • The Platform will meet your requirements.
  • The Platform will be uninterrupted or error-free.
  • Defects will be corrected.
  • The Platform is free from harmful components.
  • Data will be secure or not lost.

5. Limitation of Liability

To the maximum extent permitted by law, MedSafely shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, or use.
  • Business interruption.
  • Cost of substitute goods or services.
  • Any other damages arising out of or related to the Platform.

In no event shall MedSafely's total liability exceed the amount you paid for the Platform in the twelve months preceding the claim.


6. Payment Terms

6.1 Subscription Fees & Payment

Some services on the Platform require payment, including but not limited to premium memberships. By purchasing a subscription or service also known as the platform, you agree to pay all applicable fees.

Payments are processed through third-party payment providers. We do not store your payment information. All fees are charged in $USD (UNITED STATES DOLLARS) and may be subject to applicable taxes.

6.2 Billing & Auto-Renewal

If you subscribe to a recurring plan, you authorize us to charge your payment method on a recurring basis until you cancel. Subscription renewals will be billed at the then-current rate unless canceled before the renewal date. You may cancel your subscription anytime through your account settings.

6.3 Free Trials & Promotional Offers

We may offer free trials or promotional discounts, subject to change. If a free trial converts into a paid subscription, you will be billed automatically unless canceled before the trial ends.

6.4 Refund Policy

Payments are non-refundable, except where required by law. If you experience technical issues, contact support within 30 (THIRTY) days for assistance. Refunds for consultations or third-party services are subject to their respective policies.

6.5 Chargebacks & Disputes

If we receive a chargeback or payment dispute, we may suspend or terminate your account. Contact our support team to resolve disputes before initiating a chargeback.

6.6 Price Changes

We may update our pricing at any time. Any price changes will be communicated at least 30 (THIRTY) days in advance.


7. Termination

MedSafely may suspend or terminate your access to the Platform for:

  • Breach of this Agreement.
  • Discontinuation of the Platform.
  • Activities that could create liability for MedSafely.

Upon termination:

  • All licenses granted will terminate.
  • You must cease using the Platform and destroy all copies of Platform content.
  • Fees paid are non-refundable, except where required by law

8. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising from this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association, conducted in Wilmington, Delaware. The arbitration will be on an individual basis, with no class actions, and claims must be brought within one year. The prevailing party is entitled to reasonable attorney's fees. Both parties waive the right to a jury trial.


9. Modifications to Terms

MedSafely reserves the right to modify this Agreement at any time. Material changes will be communicated by:

  • Posting notice on the Platform.
  • Sending email to your registered address.

Continued use of the Platform constitutes acceptance of the modified terms.


10. General Provisions

  • Entire Agreement: This Agreement constitutes the entire agreement between you and MedSafely regarding the Platform.
  • Severability: If any provision is found invalid, the remaining provisions remain in effect.
  • No Waiver: Failure to enforce any right does not constitute waiver.
  • Assignment: You may not assign your rights without MedSafely's written consent.
  • Force Majeure: MedSafely is not liable for failures due to circumstances beyond reasonable control.

11. Contact Information

For questions about these Terms, contact:

MedSafely LLC
PO Box 1284
Crozet, VA, 22932

Email: legal@medsafely.com