In line with the different way in which we, AmazingCharts.com, LLC (hereinafter “Amazing Charts”), provide our software and services, AmazingCharts is providing to you (the medical practice, clinician(s) or other entities licensing or using our software or services hereinafter sometimes referred to as “user(s)” an easy-to-understand End User License Agreement (EULA).We’ve summarized below in this Section A the key points you must understand if you wish to use our products or services.
1. Who can use AmazingCharts Products and Services? We provide software products and services for medical professionals who understand the risks, benefits, and limitations of our products as described in this EULA and on our websites. If you are not planning on using the software to generate clinical records in a professional health-care setting, or have otherwise received our prior express written permission, you may NOT download, try, or use our software.2. In certain circumstances, with the prior written consent of Amazing Charts, medical schools or universities granting degrees in fields related to the provision of healthcare services may use Amazing Charts products and services in their instruction programs even if they are not generating clinical records in a professional health-care setting with actual patients. Please contact us at ___________________ if you have an interest is such usage or send us an e.mail request to email@example.com.
3. You use AmazingCharts programs and services at your own risk! We will take all commercially reasonable efforts to avoid and/or correct any programming or design errors that could adversely impact your use of our software and services, but ultimately by executing this EULA you are agreeing that the software and its associated services are provided “as is.” As such, we are not liable for any problems that may arise as a result of using our software or services, including but not limited to: lost or erroneous data; computer or network problems; or other issues which may interrupt or impact your ability to get your work done correctly or get paid. It is possible that from time to time that programming errors will happen and so YOU USE OUR PRODUCTS AND SERVICES AT YOUR OWN RISK!
4. Expected Behavior. AmazingCharts encourages open discussion of issues and concerns regarding our software (and our company behavior) on our website at www.amazingcharts.com/board. In fact, we consider constructive criticism an invaluable means of improving our software and services. That said, users who act in a manner that is detrimental to our ability to provide software and services to clients equally, or those whose actions are at odds with the well-being of our company will not be allowed to continue to use our software or services. Examples of such unacceptable behavior include users who don’t pay the licensing or service fees, users who behave in a manner that our staff finds to be inappropriate or threatening, users who post comments about AmazingCharts or its services that are false, and users using our products in a manner other than that in which they are intended to be used. Treat us as you would like to be treated, and we’ll do the same.
5. Cost. The current pricing for our software and services is clearly published on our website and we do not charge “hidden fees.” Users who purchase services that have a recurring charge (e.g., our guardian angel support & maintenance service, Offsite Backup service, etc.) have the opportunity to have their credit card automatically rebilled for these charges as a convenience to them. If there is a pricing increase for users we will provide prior notice before charging a higher price to users with automatic rebilling.
6. What if you don’t abide by this EULA? If we discover that you are using the software or services in a manner that is not consistent with the scope of your granted rights, or if you are otherwise in breach of this EULA, we have the right to terminate your license and the right to use our software and services after sending you written notice of your breach. If the nature of your breach is such that it can be cured within 20 days we will give you a chance to cure prior to terminating. We will also try to amicably resolve any disputes before we revoke the right to use our software and services, but we retain the right to immediately revoke your rights if that is appropriate in a particular instance. Even if your license is revoked, you maintain the right to export patient demographics and notes through the Administration section of the program. The clinical data in Amazing Charts is your data and we will take all commercially reasonable steps to ensure that you retain access to it for the benefit of your patients.
7. What if we don’t abide by this EULA? You have the right to stop using our products and to stop paying us any recurring charges at any time. If you wish to pursue a more formalized complaint you must bring that action in the state courts of Rhode Island where our company has its principal office.
Okay, now the information below is written in a manner which allows lawyers to deal with the details of the above… To the extent that the Core Concepts located above are deemed inconsistent with the more formal articulation of Terms and Conditions which follows, the more formal language controls.
The Programs and Services are intended for practicing Healthcare Practitioners and their staff only. Persons not intending to evaluate the Programs for use in their own medical practice (e.g., patients, laymen, attorneys, insurance companies, or any of their agents) who wish to download the Programs must first receive written permission from AmazingCharts. FOR THESE PERSONS, NO TRIAL PERIOD IS PERMITTED AND LICENSING IS ONLY PROVIDED AFTER RECEIPT OF WRITTEN PERMISSION. Non-healthcare persons who download any of the Programs or use it before receiving a written license and authority from AmazingCharts AND paying any required license fee as dictated by Amazing Charts in its sole discretion will be subject to legal liability, and will be prosecuted to the full extent of the law.
By agreeing to the terms of this EULA, users who are evaluating the Program for their medically-related healthcare practice, may download and use the Program for an initial trial period of approximately 80 days. The downloaded Program includes a time limit mechanism to prevent it from operating after a period of approximately 80 days from when it is installed on a computer. The Program MAY NOT provide reminders that operation will imminently cease. If you wish to use the Program beyond the initial trial period, you agree to pay the currently stated license and support fees. All Fees are non-refundable. Upon payment, you will receive a registration code (“Registration Code”) that must be entered into the Program to allow it to continue to operate.
At regular intervals, the downloaded Program will connect to the Amazing Charts servers via an Internet connection and automatically verify current services and verify that you are in Good Standing (see description below). Without this intermittent verification, the Programs may cease to operate. Use of the Programs without an Internet connection will limit the ability of the Programs to automatically verify itself and may require additional user intervention (i.e., calling into AmazingCharts to obtain a validation code required to continue to use the Programs).
The Program includes information that must be regularly updated to reflect the current standards-of-care of medicine and addresses identified programming errors in earlier versions of our Program or Services. Thus users are strongly advised to subscribe to our Update & Support services which provide the means to ensure the Programs and Services are up-to-date. Although users are not required to subscribe to this service, failing to do so means that the AmazingCharts software, services, third-party interfaces, and databases will contain outdated and/or erroneous information which may put the user at increased risk of errors and potential loss or corruption of their data from programming errors fixed in subsequent updates. Users who do not subscribe to our Update & Support service do so at their own risk and agree to hold AmazingCharts harmless for any claims arising from such use of outdated Programs, Services, third-party interfaces, medication, codes, and other databases.
AmazingCharts provides software and services for medical professionals wishing to use our products and who understand the risks, benefits, and limitations of our products as described herein and on our websites.
In addition, AmazingCharts encourages open discussion of issues and concerns regarding our software (or company behavior) at www.amazingcharts.com/board. In fact, constructive criticism is considered a critical means for improving our software and services and is not considered to be inappropriate.
That said, users who act in a manner that is deemed by AmazingCharts to be detrimental to the ability of AmazingCharts to provide Programs and Services to all clients equally, or those whose actions are detrimental to the continuing well-being of the company will be considered to NOT be in Good Standing, and may have their license to use the Programs and Services revoked.
Examples of such unacceptable behavior include users who don’t pay the required licensing fees, users who behave in a manner that our staff finds to be inappropriate or threatening, users who post comments about AmazingCharts or related services that are false, and users who use our software or services in a manner other than that in which they are intended to be used.
Users acting in a way deemed to be inappropriate will be notified in writing that their behavior or action is considered disruptive and an attempt to correct such behavior shall be encouraged. If such disruptive behavior persists, AmazingCharts may terminate this EULA and the license granted to the user as described in the Termination section 16 below.
Through the use of the Programs, patient demographics and clinical encounter notes are generated and stored in the Programs. Much of this data is retrievable by you WITHOUT HAVING TO NOTIFY OR PAY ADDITIONAL FEES TO AmazingCharts. To retrieve this data, you may log into the Administration window of the Program and select the Import/Export tab, and then export the data in a number of different formats.
In addition to the Programs, AmazingCharts is also offering certain maintenance and support, data backup, electronic prescribing, billing and other services to its licensees. These Services are described, and may be purchased on the AmazingCharts.com LLC Web site. The terms of this Agreement will apply to the Services, in addition to any specific terms and conditions set forth on the Web site and/or agreements made regarding such Services. Some of these Services may be provided by third parties as specified on the AmazingCharts Web site, and while we try to choose these Service providers carefully, we are not responsible for the Services they provide.
You agree to pay AmazingCharts’s current service charges for any Services you choose to use. These service fees, which are subject to change, are posted on the Web site at www.AmazingCharts.com. Changes in service fees will be notified to you by posting on the Amazing Charts website. You agree that AmazingCharts may bill you for the Service fees as posted on the Web site. Should AmazingCharts raise the charge for these Services, you agree to be billed at the new rate, and that some of these fees will be recurring in nature and charged to you unless you notify AmazingCharts that you want to terminate a Service at least two weeks prior to billing for that Service. Service fees are non-refundable.
Support for the Programs is NOT included with the Programs. Any support provided, whether purchased or not, is done at the sole discretion of AmazingCharts and is covered by this EULA, including the No Warranty and Limitation of Liability sections below.
THE PROGRAMS AND SERVICES ARE PROVIDED "AS IS." AMAZINGCHARTS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROGRAMS OR SERVICES. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE PROGRAMS OR SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES, OR THAT THEY WILL NOT ADVERSELY AFFECT YOUR COMPUTER OR OTHER PROGRAMS ON YOUR COMPUTER. AMAZINGCHARTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAMS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAMS OR SERVICES WILL BE UNINTERRUPTED.
AMAZINGCHARTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED OR ARISING OUT OF THE USE OR THE INABILITY TO USE THE PROGRAMS OR SERVICES, OR OUT OF DATA PRODUCED BY THE PROGRAMS, ANY LOSS OF DATA, OR ARISING FROM ANY BREACH OF A REPRESENTATION OR WARRANTY, OR FOR ANY CLAIM BY ANY THIRD PARTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF AMAZINGCHARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. AMAZINGCHARTS MAXIMUM LIABILITY FOR ANY REASON WILL BE TO REFUND THE AMOUNT YOU PAID TO IT IN THE TWELVE MONTH PERIOD PRECEDING THE DATE OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM CONCERNED. THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK THAT IS REFLECTED IN THE FEES FOR WHICH THE PROGRAMS, SERVICES, SITE AND/OR CONTENT IS MADE AVAILABLE BY AMAZINGCHARTS WITHOUT WHICH THE AVAILABILITY AND/OR PRICE OF WHICH WOULD NECESSARILY DIFFER FROM THOSE OFFERED BY AMAZINGCHARTS.
“Confidential Information” means any non-public information (without regard to the medium on which such information may be recorded, whether written, visual, audio, graphic, computerized or otherwise) concerning or relating to your property, business affairs and patients and specifically includes data transmitted from your computer(s) to AmazingCharts’s servers. Confidential Information shall be held in confidence by AmazingCharts and shall be used only for the purposes provided for in this Agreement. AmazingCharts shall use the same degree of care to safeguard your Confidential Information as it utilizes to safeguard its own Confidential Information. The terms of this provision shall apply to AmazingCharts’s confidential information which comes into your possession.
AMAZINGCHARTS WILL KEEP YOUR CLINICAL DATA CONFIDENTIAL (including, but not limited to, medical care, prescribing habits, and other patient-care data in your medical records), in accordance with HIPAA regulations. AmazingCharts will not sell, trade, transmit, or provide any clinical information which has not been de-identified to insurers, pharmaceutical companies, attorneys, governmental agencies, or any other third-party except with your expressed permission, or as permitted by law. AmazingCharts requires all its employees to review, understand, agree with, and comply with HIPAA regulations (described below). The confidentiality of any and all clinical records is mandated at all times.
AmazingCharts may comply with any subpoena or similar order related to data on its server, provided that AmazingCharts notifies you promptly upon receipt thereof, unless such notice is prohibited by law.
AmazingCharts WILL NOT USE AD-WARE, SPY-WARE, or other mechanisms that may compromise confidentiality of records or intentionally damage the integrity of the medical records or content on your computers.
To the extent applicable in light of the Services you ultimately pay us to provide, AmazingCharts. will use its reasonable commercial efforts to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. 1320d (“HIPAA”) and any current and future regulations promulgated there under, including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Security Regulations”), the federal security standards contained in 45 C.F.R. Part 142 (“Federal Security Regulations”), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA requirements”. AmazingCharts agrees not to use or further disclose any Protected Health Information (as defined in 45 C.F.R. Section 164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. Section 1320d), other than as permitted by HIPAA Requirements and the terms of this EULA. AmazingCharts will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations.
Attached to this EULA is a form of Business Associate Agreement (“BAA”) which AmazingCharts.com, LLC enters into with you upon your accepting the terms of this EULA. An executed copy of the BAA may be down loaded for your files at _____________________ after you accept this EULA.
The Programs and all related materials are the copyrighted property of AmazingCharts, or the parties which own the Programs concerned and except as noted below, the Programs and all intellectual property rights therein are owned by the holders of the copyrights for the Programs concerned. You are authorized to use the Programs for your own internal use. You are prohibited from selling, leasing, or licensing the Programs or any portion thereof to any unauthorized party, or using it to process the work of any other party. You are prohibited from creating derivative works based on the Programs without written permission from AmazingCharts. You are prohibited from disassembling or reverse engineering the Programs, or removing any copyright notice from them. You may only make copies of the Programs for backup or archival purposes. It is your responsibility to ensure that anyone who has authorized access to the Programs complies with the provisions of this EULA.
The CPT five-digit codes and descriptions are the copyrighted property of the American Medical Association (“AMA”) and are subject to the restrictions set forth in the previous paragraph. The CPT codes are licensed to AmazingCharts by the AMA and continued use and updating within the Programs is dependent upon continuing contractual relations with the AMA.
You may not use the Programs, or any of the Medications, ICD, or CPT information contained therein in any public electronic bulletin board, or public computer based information system (including the Internet and World Wide Web).
You acknowledge that the Programs contain 128-bit, and higher, encryption algorithms and may be subject to restrictions and controls imposed under the export control laws and regulations of the United States and Canada and may not be exported, acquired, shipped, transferred or re-exported, directly or indirectly, to (i) any country or region prohibited under such laws and regulations or (ii) any end user who has been prohibited from participating in the export transaction under such laws or regulations.
This license will be terminated if you fail to cure any breach of any term of this EULA within 20 days after we notify you of the breach, and you must cease to use the Program after the 20 day period. In the event the breach is not curable, then this license will terminate immediately upon your receipt of such notice of termination. We also retain the right to immediately terminate your license if that is appropriate in a particular instance.
In addition to termination for your breach of this EULA, Amazing Charts may terminate your license and ability to use the Programs and services if you are found NOT to be in Good Standing (as described in section 4 above).
You may terminate this EULA at any time by sending notice of termination to AmazingCharts Be sure to export your patient-related data as described in the Patient-Related Data section 5 above before terminating your license.
All notices required or permitted under this EULA shall be sent in writing, by a recognized courier service such as FedEx or UPS, and addressed to the other party as follows: Notices sent by you to AmazingCharts, shall be addressed to Kathleen Repoli, Senior Vice President_, at 650 Ten Rod Road, Suite 12, North Kingstown, RI 02852_, Notices sent by AmazingCharts to you shall be addressed to the address you provided to AmazingCharts when you first purchased the Program and entered into the EULA. Either party may change the address to which notices shall be sent by sending a written notice by ordinary mail.
Fees already paid are not refundable in the event of termination by AmazingCharts because of your breach of the Agreement or your termination for convenience.
AmazingCharts has the ability to terminate access to most of the features of the Programs and Services. Even if this access is turned off, however, you will still maintain the ability to export your patient demographics and clinical encounters (see Patient-Related Data section 5 above). Other than terminating access to parts of the AmazingCharts software or services, after notice to you that AmazingCharts is terminating this EULA, AmazingCharts.com, LLC WILL NOT DELIBERATELY DISABLE, TAMPER WITH, or CRIPPLE YOUR COMPUTER or otherwise hamper your ability to use non-AmazingCharts software or services.
Upon termination of the EULA for any reason, you agree that you will immediately delete all copies of the Programs from your computers and cease using AmazingCharts Programs or any Services. You agree that by terminating your license, you are authorizing AmazingCharts to immediately delete any and all backup files, billing information, and any other data you have provided us.
This EULA is nontransferable by the user, is nonexclusive, and applies to all usage of the Programs, as well as to the Services.
The Programs may be licensed for use only in the United States, its territories and Canada (the “Territory”). If you want to use the Programs outside of the Territory, you must contact Amazing Charts.com, LLC via e-mail at firstname.lastname@example.org, and request permission to do so. Such permission may only be granted in writing, and no attempt to download or use the Programs outside of the Territory shall be made until you have received such permission in writing. By downloading the Programs without such written permission you represent and agree that they will be used only in the Territory. If there is any use or attempted use of the Programs outside of the Territory without your having received such written permission, your right to continued use of the Programs will cease, and Amazing Charts will have the right to immediately terminate your license.
This EULA shall be governed in accordance with the laws of the State of Rhode Island, excluding its conflicts of laws principles. The state courts of Rhode Island have exclusive jurisdiction with regard to all actions relating to this EULA, and you agree that you will be subject to the jurisdiction of such courts.
EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATING TO THIS EULA OR THE TRANSACTIONS CONTEMPLATED HEREIN, IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR PARTIES, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS EULA OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS EULA.
In the event that a provision of this EULA is determined to violate any law or is unenforceable, the remainder of this EULA shall remain in full force and effect.
No failure or delay on the part of AmazingCharts in exercising any right hereunder will operate as a waiver of, or impair, any such right, or any other right of AmazingCharts.
This EULA is updated from time to time and the most up-to-date version is posted at www.amazingcharts.com/EULA.pdf. Providing you agree to abide by the latest version of this EULA as posted at the link above, the End Users License Agreement will be considered to automatically renew on the first day of the year (January 1) in perpetuity until terminated by you or AmazingCharts.com, LLC in accordance with the Termination provisions of this EULA.