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Terms of Service

Effective Date: June 14, 2024

Version: 1.0

1. Agreement to Terms

By creating an account and using the WardControl application and its services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms are a legal agreement between you and the entity providing you with access to this service (typically your employer or affiliated healthcare institution, hereafter "the Institution").

2. Description of Service

WardControl is a hospital bed management and patient allocation platform designed to assist healthcare professionals in coordinating patient flow and managing hospital resources. The Service is provided to you for professional use within the scope of your duties at the Institution.

3. User Accounts and Responsibilities

  • Account Creation: Your account will be created and provisioned by an administrator at your Institution. You are responsible for maintaining the confidentiality of your login credentials.
  • Accurate Information: You agree to provide accurate and complete information when using the Service and to keep this information up to date.
  • Authorized Use: You agree to use the Service only for its intended professional purposes and in accordance with all applicable laws, regulations, and institutional policies, including those related to patient privacy (such as HIPAA).
  • Prohibited Conduct: You agree not to:
    • Share your login credentials with any other individual.
    • Attempt to access data or areas of the Service for which you are not authorized.
    • Use the Service for any unlawful or malicious purpose.
    • Introduce any viruses, malware, or other harmful code into the Service.
    • Attempt to disrupt, disable, or overburden the Service or its underlying infrastructure.

4. Protected Health Information (PHI)

You acknowledge that in using the Service, you will have access to confidential and sensitive Protected Health Information (PHI). You agree to access, use, and disclose PHI only as permitted by law (including HIPAA) and your Institution's policies. You are responsible for any breaches of confidentiality that result from your misuse of the Service or failure to protect your login credentials.

5. Intellectual Property

The Service, including its software, design, text, graphics, and underlying code, is the property of the Service provider and is protected by copyright and other intellectual property laws. The Institution is granted a limited, non-exclusive, non-transferable license to use the Service. This license does not grant you any ownership rights.

6. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE SERVICE IS A TOOL TO ASSIST QUALIFIED HEALTHCARE PROFESSIONALS. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT, DIAGNOSIS, OR TREATMENT. ALL CLINICAL DECISIONS REMAIN THE SOLE RESPONSIBILITY OF THE TREATING HEALTHCARE PROFESSIONALS.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

7. Termination

Your access to the Service is granted by your Institution. The Institution may terminate or suspend your access to the Service at any time, for any reason, including violation of these Terms or institutional policies. We reserve the right to suspend or terminate the Service to the Institution in accordance with our agreement with them.

8. Changes to Terms

We may modify these Terms at any time. We will provide notice of any material changes, and your continued use of the Service after such notice constitutes your acceptance of the new Terms. You may be required to re-accept the Terms to continue using the Service.

9. Governing Law

These Terms shall be governed by the laws of the jurisdiction specified in the agreement between the Service provider and the Institution, without regard to its conflict of law principles.

10. Contact

For any questions regarding these Terms of Service, please contact your designated institutional administrator.