By clicking “I Agree,” registering an account, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you are prohibited from accessing or using the Platform.
2. Eligibility and Account Registration
• The Platform is intended for use by healthcare professionals and affiliated personnel. Eligibility is contingent upon your organization’s agreement with Carecierge.
• You represent and warrant that you are at least 18 years old and have the authority to enter into this Agreement.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Notify Carecierge immediately at info@carecierge.io of any unauthorized use or security breach.
3. License Grant and Usage Restrictions
• Carecierge grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for authorized purposes.
• You shall not resell, sublicense, distribute, rent, lease, or white-label the Platform without prior written consent from Carecierge. White-labeling or resale is available only under a signed agreement.
• You shall not reverse engineer, decrypt, or attempt to access non-public areas of the Platform or its source code.
• You shall not use the Platform in any manner that violates any federal, state, or international law or regulation, including HIPAA.
4. Disclaimers and Limitations of Liability
• The Platform is provided “as is” and “as available,” with no warranties of any kind, express or implied.
• Carecierge shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including loss of profits, data, or goodwill.
• Carecierge’s aggregate liability shall not exceed the total amount paid by you or your organization to Carecierge during the twelve (12) months preceding the claim.
5. Termination of Access
Carecierge may suspend or terminate your access to the Platform immediately upon notice if you breach this Agreement, fail to make timely payments, or engage in misuse, including unauthorized data access or violation of HIPAA. Upon termination, your right to use the Platform shall cease, and you must discontinue all use and destroy any copies of Platform materials, except as required by law.
6. Payment Terms
Unless otherwise specified in a Master Services Agreement (“MSA”) or Statement of Work(“SOW”), fees for Platform access are invoiced manually by Carecierge and are due within thirty (30) days of invoice receipt. Late payments may incur interest at 1.5% per month.
7. Dispute Resolution and Governing Law
• Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, conducted in New York, New York, with proceedings in English. Injunctive relief for misuse of IP or PHI is carved out from arbitration.
• Prior to arbitration, the parties agree to attempt good-faith mediation for thirty (30)days.
• This Agreement shall be governed by the laws of the State of New York, without regard to its conflict of law principles.
8. Consulting Services by Carevolution LLC
Certain consulting services may be provided by Carevolution LLC, an affiliate of Carecierge, subject to separate terms and conditions that do not modify your obligations under this Agreement.
9. General Provisions
• This Agreement, together with any MSA or SOW, constitutes the entire agreement between you and Carecierge.
• Carecierge may amend these Terms by posting the updated version on the Platform or notifying you via email, effective upon posting or fifteen (15) days after notice.
• If any provision is found unenforceable, it shall be severed, and the remaining provisions shall remain in full force and effect.
10. Contact Information
For any questions or notices regarding this Agreement, contact:
Carecierge, Inc.
190 72nd Street, Brooklyn, NY 11209
Email: info@carecierge.io
Phone: (718) 300-4783
Hours: Monday–Friday, 9:00 AM–5:00 PM EDT