Please read this End-User License Agreement ("Agreement") carefully. By using the PACScribe software platform ("Application"), you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual healthcare provider, a healthcare facility, a hospital system, or other medical entity) ("User" or "You") and Folio3 Software Inc ("Company," "we," or "us"), and it governs your use of the solution made available to you by Folio3 Software Inc.
If you do not agree to the terms of this Agreement, do not download, install, access, or use the Application. If you are using this solution on behalf of a healthcare organization, you represent and warrant that you have the legal authority to bind that organization to the terms of this Agreement.
The solution is licensed, not sold, to you by Folio3 Software Inc for use strictly in accordance with the terms of this Agreement.
Folio3 Software Inc grants you a revocable, non-exclusive, non-transferable, limited license to download, install, access, and use the solution strictly in accordance with the terms and conditions of this Agreement. This license is restricted to the authorized users and medical professionals designated by your organization and permitted to access your account.
The license granted herein is limited to the number of users and installations specified in your subscription agreement, if any. Any use beyond these limits constitutes a material breach of this Agreement.
You agree not to, and you will not permit others to:
The Application, including without limitation all copyrights, patents, trademarks, trade secrets, source code, algorithms, technical specifications, user interface design, graphics, documentation, and all other intellectual property rights embedded therein, are and shall remain the sole and exclusive property of Folio3 Software Inc or its licensors. This license does not grant you any ownership interest in the Application.
Folio3 Software Inc retains all right, title, and interest in the Application, including all derivatives, improvements, and modifications thereto, made by Folio3 Software Inc or any third party.
You retain all rights to your medical imaging data, patient information, and any other content you upload to or store within the solution ("Your Data"). Folio3 Software Inc does not claim ownership of Your Data. However, by using the Application, you grant Folio3 Software Inc a limited license to access, process, store, backup, and transmit Your Data solely as necessary to provide the solution and services to you, in strict compliance with this Agreement and applicable healthcare privacy laws.
If Your Data includes Protected Health Information (PHI) under HIPAA, you must ensure that your organization has executed a Business Associate Agreement (BAA) with Folio3 Software Inc prior to storing or processing such information in the Application. You are responsible for ensuring compliance with HIPAA, HITECH Act, state privacy laws, and all other applicable healthcare regulations.
Upon termination of this Agreement or your account, Folio3 Software Inc will securely delete Your Data in accordance with the Data Retention policy set forth in the Privacy Policy, unless otherwise required by law to retain records.
Any feedback, comments, suggestions, ideas, improvements, feature requests, or other communications provided by you to Folio3 Software Inc with respect to the solution ("Suggestions") shall be owned by and remain the sole and exclusive property of Folio3 Software Inc.
Folio3 Software Inc shall be free to use, copy, modify, publish, distribute, translate, and create derivative works of the Suggestions for any purpose and in any manner, without any obligation to provide credit, compensation, or notification to you. You hereby waive any moral rights or other rights you may have in such Suggestions.
Folio3 Software Inc reserves the right to modify, suspend, discontinue, or update the solution or any features, functionality, or services associated with it, temporarily or permanently, with or without notice to you and without liability or obligation to you. Such modifications may include changes to the user interface, features, functionality, or service capabilities.
Folio3 Software Inc further reserves the right to implement maintenance windows, upgrades, or service interruptions as necessary to maintain, improve, or support the Application. We will endeavor to provide advance notice of planned maintenance, but emergency maintenance or critical security updates may be implemented without prior notice.
Folio3 Software Inc may from time to time provide enhancements, improvements, patches, security updates, bug fixes, upgrades, and other modifications to the features and functionality of the solution ("Updates"). Updates may be automatic or may require manual installation, depending on the type of update and the solution deployment method.
Updates may modify, delete, or restrict certain features and/or functionalities of the Application. You agree that Folio3 Software Inc has no obligation to (i) provide any Updates, (ii) continue to provide or enable any particular features and/or functionalities you currently use, or (iii) notify you in advance of changes to features or functionality, except for critical security updates or material changes affecting your data access.
You agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement. Your continued use of the solution following the availability of Updates constitutes your acceptance of such Updates.
The solution may display, include, integrate with, or make available third-party content (including data, information, applications, software, and other products or services) or may provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Folio3 Software Inc shall not be responsible for, nor assume any liability or responsibility for, any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, quality, performance, or any other aspect thereof. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
If the solution integrates with third-party EHR systems, RIS/LIS systems, HL7/DICOM services, or other healthcare IT systems, Folio3 Software Inc is not responsible for the accuracy, security, or compliance of those third-party systems. You are responsible for ensuring that your use of such integrations complies with all applicable healthcare regulations and your agreements with those third-party vendors.
Folio3 Software Inc collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, available at https://pacscribe.com/privacy-policy. By accepting this Agreement, you acknowledge that you have read and agree to the terms and conditions of the Privacy Policy, including our data collection, processing, and sharing practices.
If you are a HIPAA Covered Entity or Business Associate, your use of the solution is also governed by a separate Business Associate Agreement (BAA) if your organization has executed one with Folio3 Software Inc. In the event of any conflict between this EULA and the BAA, the BAA shall control with respect to the handling of Protected Health Information (PHI).
This Agreement shall remain in effect until terminated by you or Folio3 Software Inc in accordance with the provisions of this Section 10.
Folio3 Software Inc may, in its sole discretion, at any time and for any reason or no reason, suspend or terminate this Agreement and your access to the solution with or without prior notice. Such termination may be immediate if you violate this Agreement, applicable laws, or engage in conduct that endangers patient safety or data security.
You may terminate this Agreement at any time by (i) providing written notice to Folio3 Software Inc, (ii) canceling your subscription through your account settings, or (iii) deleting the solution and all copies thereof from your devices.
Upon termination of this Agreement, you shall immediately cease all use of the solution and delete all copies of the solution from your devices. Folio3 Software Inc will retain the right to delete Your Data in accordance with its data retention policies unless otherwise required by law.
Termination of this Agreement will not limit any of Folio3 Software Inc's rights or remedies at law or in equity in case of breach by you (during or after the term of this Agreement) of any of your obligations herein. Sections that by their nature should survive termination, including Sections 3 (Intellectual Property), 4 (Your Data), 11 (Indemnification), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), and 17 (Governing Law), shall survive termination of this Agreement.
You agree to defend, indemnify, and hold harmless Folio3 Software Inc and its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors from any and all third-party claims, demands, actions, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOLIO3 SOFTWARE INC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING BUT NOT LIMITED TO:
FOLIO3 SOFTWARE INC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING (I) THE OPERATION OR AVAILABILITY OF THE solution OR ANY SERVICES RELATED THERETO; (II) THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APPLICATION; OR (III) THAT THE solution WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
IMPORTANT: The solution is not intended to be a substitute for professional medical judgment or clinical decision-making. You are solely responsible for all medical and clinical decisions made using the Application. Folio3 Software Inc does not provide medical advice, diagnosis, or treatment recommendations. Always consult with appropriate medical professionals and follow your organization's clinical protocols and policies.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
PACScribe may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will notify you of material changes by posting the updated policy on our website and updating the "Last Updated" date at the top of this document. Your continued use of PACScribe following any modifications constitutes your acceptance of the updated Privacy Policy.
