Terms and Conditions 

Effective Date: October 23, 2025 
Last Updated: October 23, 2025 

Agreement to Terms 

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and EHR360 (“we,” “us,” “our,” or “Company”) concerning your access to and use of the EHR360 electronic medical records platform, including our website, software, applications, and related services (collectively, the “Services”). 

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services. 

Definitions 

“Covered Entity” means a healthcare provider, health plan, or healthcare clearinghouse as defined under HIPAA. 

“Business Associate” means EHR360 when providing Services to a Covered Entity. 

“Protected Health Information” or “PHI” means individually identifiable health information as defined under HIPAA. 

“Authorized User” means an individual authorized by a healthcare provider to access and use the Services. 

“Patient” means an individual who receives healthcare services from a healthcare provider using our Services. 

Eligibility and Account Registration 

Eligibility 

To use our Services, you must: 

• Be at least 18 years of age 

• Be a licensed healthcare professional, authorized clinic staff member, or patient of a healthcare provider using our Services 

• Have the legal authority to enter into these Terms 

• Comply with all applicable laws and regulations 

Account Registration 

To access our Services, you must: 

• Provide accurate, current, and complete registration information 

• Maintain and promptly update your account information 

• Keep your login credentials confidential and secure 

• Notify us immediately of any unauthorized access to your account 

• Be responsible for all activities that occur under your account 

You may not: 

• Share your account credentials with others 

• Create multiple accounts 

• Use another person’s account without permission 

• Register for an account using false or misleading information 

User Responsibilities and Acceptable Use 

For Healthcare Providers 

As a healthcare provider using our Services, you agree to: 

• Maintain appropriate licenses and credentials to practice medicine 

• Comply with all applicable federal and state healthcare laws, including HIPAA 

• Ensure that only authorized individuals access patient information 

• Implement appropriate security measures at your practice 

• Provide accurate and complete patient information 

• Verify the identity of patients accessing the patient portal 

• Review and approve all clinical documentation generated through the Services 

• Make independent professional judgments regarding patient care 

• Maintain professional liability insurance as required by law 

For Patients 

As a patient using the patient portal, you agree to: 

• Provide accurate personal and health information 

• Keep your login credentials confidential 

• Notify your healthcare provider of any errors in your health records 

• Use the portal only to access your own health information 

• Not share your portal access with others 

Prohibited Activities 

You may not: 

• Use the Services for any unlawful purpose or in violation of these Terms 

• Attempt to gain unauthorized access to any portion of the Services 

• Interfere with or disrupt the Services or servers 

• Use automated systems (bots, scrapers) to access the Services 

• Reverse engineer, decompile, or disassemble any part of the Services 

• Remove or modify any copyright, trademark, or proprietary notices 

• Upload or transmit viruses, malware, or other malicious code 

• Impersonate another person or entity 

• Harass, threaten, or harm others 

• Submit false or misleading information 

• Use the Services to violate any applicable laws or regulations 

• Attempt to circumvent security measures or access controls 

Services Description 

EHR Platform Features 

Our Services include: 

• Electronic medical record management 

• Patient scheduling and appointment management 

• Clinical documentation and note-taking 

• E-prescribing capabilities 

• Laboratory and diagnostic test result integration 

• Billing and claims management 

• Patient portal access 

• Practice analytics and reporting 

• Secure messaging and communications 

• Interoperability and data exchange capabilities 

Service Availability 

We strive to provide reliable, uninterrupted access to our Services. However, we do not guarantee that the Services will be available at all times or free from errors, interruptions, or security vulnerabilities. 

We reserve the right to: 

• Modify, suspend, or discontinue any part of the Services 

• Perform scheduled and emergency maintenance 

• Update or change features and functionality 

• Implement new policies or procedures 

We will provide reasonable notice of significant changes when practicable. 

Intellectual Property Rights 

Our Ownership 

The Services, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks, are owned by EHR360 and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws. 

Limited License 

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purpose and in accordance with these Terms. This license does not include any right to: 

• Resell or make commercial use of the Services 

• Download or copy account information for the benefit of another party 

• Use data mining, robots, or similar data gathering tools 

• Create derivative works based on the Services 

Your Content 

You retain ownership of any content, data, or information you submit to the Services (“User Content”). By submitting User Content, you grant us a limited license to use, store, process, and transmit that content solely to provide the Services. 

For PHI, our use is governed by HIPAA, the Business Associate Agreement with your covered entity, and these Terms. 

Feedback 

If you provide us with feedback, suggestions, or ideas about the Services, we may use that feedback without any obligation to you, including for improving or marketing our Services. 

HIPAA Compliance and Data Protection 

Business Associate Relationship 

When providing Services to healthcare providers (Covered Entities), EHR360 acts as a Business Associate under HIPAA. We enter into separate Business Associate Agreements (BAAs) with Covered Entities, which govern our handling of PHI. 

Our Obligations 

We agree to: 

• Use and disclose PHI only as permitted by the BAA and HIPAA 

• Implement appropriate administrative, physical, and technical safeguards 

• Report security incidents and breaches as required by law 

• Make PHI available to patients as required by HIPAA 

• Allow the Department of Health and Human Services to audit our compliance 

• Return or destroy PHI upon termination of services (subject to legal requirements) 

Provider Obligations 

Healthcare providers using our Services remain responsible for: 

• HIPAA compliance in their own practices 

• Obtaining patient consents and authorizations as required 

• Ensuring that only authorized individuals access the Services 

• Determining appropriate uses and disclosures of PHI 

• Responding to patient requests regarding their health information 

• Providing notice of privacy practices to patients 

Data Security 

We implement industry-standard security measures, including: 

• Encryption of data in transit and at rest 

• Multi-factor authentication 

• Role-based access controls 

• Regular security audits and assessments 

• Incident response procedures 

• Employee training on security and privacy 

However, no system is completely secure. You acknowledge that you use the Services at your own risk. 

Payment Terms and Billing 

Subscription Fees 

Access to our Services requires payment of subscription fees as outlined in your service plan. Fees are: 

• Billed in advance on a monthly or annual basis 

• Non-refundable except as required by law 

• Subject to change with 30 days’ prior notice 

• Exclusive of applicable taxes, which are your responsibility 

Payment Methods 

You must provide valid payment information and authorize us to charge your payment method for all fees. If payment fails, we may suspend or terminate your access to the Services. 

Transaction Fees 

If you use our Services to process patient payments, we may charge transaction fees for payment processing. These fees will be disclosed at the time of transaction. 

Late Payments 

Late payments may result in: 

• Suspension of access to the Services 

• Late fees or interest charges as permitted by law 

• Termination of your account 

• Collection efforts, with you responsible for collection costs 

Warranties and Disclaimers 

Limited Warranty 

We warrant that the Services will perform substantially in accordance with our documentation under normal use. This warranty is void if the failure results from: 

• Misuse, unauthorized modifications, or negligence 

• Use with incompatible systems or equipment 

• Failure to implement updates or patches 

DISCLAIMERS 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: 

• IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE 

• WARRANTIES OF TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT 

• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE 

• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE 

• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT 

WE DO NOT WARRANT THAT: 

• The Services will meet your specific requirements 

• The Services will be available at all times or in all locations 

• All errors or defects will be corrected 

• The Services are free from viruses or harmful components 

Professional Responsibility 

THE SERVICES ARE TOOLS TO ASSIST HEALTHCARE PROVIDERS AND DO NOT REPLACE PROFESSIONAL JUDGMENT. HEALTHCARE PROVIDERS REMAIN SOLELY RESPONSIBLE FOR: 

• All clinical decisions and patient care 

• Verifying information before making medical decisions 

• Obtaining and maintaining appropriate licenses and credentials 

• Complying with professional standards of care 

• Independent review of all AI-generated suggestions or recommendations 

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW: 

No Consequential Damages 

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: 

• Loss of profits, revenue, or business opportunities 

• Loss of data or information 

• Business interruption 

• Personal injury or property damage 

• Costs of substitute services 

• Loss of goodwill or reputation 

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Cap on Liability 

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. 

Exceptions 

The above limitations do not apply to: 

• Our obligations under the Business Associate Agreement regarding PHI 

• Our gross negligence or willful misconduct 

• Violations of applicable laws that cannot be contractually limited 

• Our indemnification obligations under these Terms 

Indemnification 

Your Indemnification 

You agree to indemnify, defend, and hold harmless EHR360, its affiliates, and their respective officers, directors, employees, agents, and contractors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to: 

• Your use or misuse of the Services 

• Your violation of these Terms 

• Your violation of any laws or regulations 

• Your violation of any third-party rights 

• User Content you submit to the Services 

• Your professional practice or patient care decisions 

• Claims by your patients or other third parties 

Our Indemnification 

We agree to indemnify you against third-party claims that the Services infringe valid U.S. patents, copyrights, or trademarks, provided that you: 

• Promptly notify us of the claim 

• Give us sole control of the defense and settlement 

• Provide reasonable assistance at our expense 

This indemnification does not apply if the infringement results from: 

• Modifications you made to the Services 

• Your combination of the Services with other products 

• Your continued use after we provided a non-infringing alternative 

Third-Party Services and Integrations 

Our Services may integrate with or link to third-party services, applications, or websites. We do not control and are not responsible for: 

• The content, accuracy, or practices of third-party services 

• The availability or security of third-party services 

• Your interactions with third parties 

Your use of third-party services is governed by their own terms and policies. We recommend reviewing those terms before using third-party integrations. 

Termination 

Termination by You 

You may terminate your account at any time by: 

• Providing written notice to us 

• Following the account cancellation process in the Services 

• Paying all outstanding fees through the end of your billing period 

Termination by Us 

We may suspend or terminate your access to the Services immediately if: 

• You violate these Terms or our policies 

• You fail to pay fees when due 

• Your use poses a security risk or legal liability 

• We are required to do so by law 

• We cease offering the Services 

Effect of Termination 

Upon termination: 

• Your right to access and use the Services immediately ceases 

• You remain responsible for all fees incurred through the termination date 

• You must cease all use of our intellectual property 

• We may delete your account and data after a reasonable retention period 

• You may request a copy of your data within 30 days of termination (fees may apply) 

• Provisions that by their nature should survive termination will continue (including indemnification, liability limitations, and dispute resolution) 

Data Retrieval 

Healthcare providers have 30 days after termination to retrieve patient data in a standard format. After this period, we may permanently delete all data, subject to our legal retention obligations. 

Dispute Resolution 

Informal Resolution 

Before filing any formal claim, you agree to contact us at legal@ehr360.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least 30 days. 

Binding Arbitration 

If informal resolution fails, any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. 

The arbitration shall: 

• Be conducted by a single arbitrator 

• Take place in [Your State/Location] 

• Be governed by the Federal Arbitration Act 

• Result in a written decision with findings of fact and conclusions of law 

• Be kept confidential 

Exceptions to Arbitration 

Either party may seek injunctive relief in court for: 

• Intellectual property disputes 

• Violations of confidentiality obligations 

• Claims that can be brought in small claims court 

Class Action Waiver 

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. 

Governing Law 

These Terms shall be governed by and construed in accordance with the laws of [Your State], without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

General Provisions 

Entire Agreement 

These Terms, together with our Privacy Policy and any Business Associate Agreement, constitute the entire agreement between you and EHR360 regarding the Services and supersede all prior agreements and understandings. 

Amendments 

We may modify these Terms at any time by: 

• Posting the revised Terms on our website 

• Sending email notice to registered users 

• Displaying a notice within the Services 

Material changes will be effective 30 days after notice. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. 

Severability 

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. 

Waiver 

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative. 

Assignment 

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction. These Terms bind and inure to the benefit of the parties and their successors and permitted assigns. 

Force Majeure 

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet/telecommunications failures. 

Notice 

Notices to you may be provided by email, postal mail, or posting on the Services. Notices to us must be sent to: 

EHR360 
Legal Department 
Email: legal@ehr360.com 
Address: Healthcare Innovation Center

Export Compliance 

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or on any U.S. government list of prohibited or restricted parties. 

U.S. Government Rights 

If you are a U.S. government entity, the Services are “commercial computer software” and “commercial computer software documentation” as defined in Federal Acquisition Regulation (FAR) 12.212 and are provided with only those rights as set forth in these Terms. 

Relationship of Parties 

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and EHR360. You have no authority to bind us or make commitments on our behalf. 

Headings 

Section headings are for convenience only and do not affect the interpretation of these Terms. 

Contact Information 

If you have questions about these Terms, please contact us: 

EHR360 
Email: support@ehr360.com 
Legal Inquiries: legal@ehr360.com 
Phone: 865-474-7559 
Address: Healthcare Innovation Center

Acknowledgment: By clicking “I Accept,” creating an account, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.