Terms and Conditions
Version 0.9.0 (DRAFT)
Last Updated: January 2025
⚠️ DRAFT VERSION - Pending Legal Review
1. Acceptance of Terms
By accessing or using Nurse Charting Pro ("the App", "our Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.
2. Description of Service
Nurse Charting Pro is a mobile application designed for healthcare professionals to streamline patient rounding documentation and clinical narratives. The Service includes:
- Patient room assignment management
- Behavioral health assessment tools
- AI-assisted narrative generation
- Chart documentation features
- Data export capabilities
3. User Eligibility
You must be:
- A licensed healthcare professional or authorized staff member
- At least 18 years of age
- Authorized by your healthcare facility to document patient information
- Compliant with all applicable healthcare regulations
4. User Account and Responsibilities
Account Security
You are responsible for:
- Maintaining the security of your device and access credentials
- All activities that occur under your access
- Notifying us immediately of any unauthorized access
- Logging out when leaving your device unattended
Professional Responsibility
You agree to:
- Use the App only for legitimate healthcare documentation purposes
- Ensure accuracy of all information entered
- Comply with your facility's policies and procedures
- Maintain patient confidentiality at all times
- Follow all HIPAA and applicable healthcare regulations
5. Prohibited Uses
You may not:
- Use the App for any unlawful purpose
- Share access with unauthorized individuals
- Attempt to circumvent security measures
- Reverse engineer, decompile, or disassemble the App
- Use the App to transmit malware or harmful code
- Interfere with or disrupt the Service
- Copy, modify, or create derivative works
- Use automated tools to access the Service
6. Intellectual Property
Our Rights
The App and all its contents, features, and functionality are owned by Nurse Charting Pro and are protected by copyright, trademark, and other intellectual property laws.
Your Rights
You retain all rights to the patient data and documentation you create using the App, subject to your facility's policies and applicable laws.
License
We grant you a limited, non-exclusive, non-transferable license to use the App for its intended purpose. This license does not include any resale or commercial use of the Service.
7. HIPAA and Healthcare Compliance
Business Associate Relationship
By using Nurse Charting Pro to process Protected Health Information (PHI), we act as a Business Associate as defined under HIPAA. We commit to:
- Implementing appropriate safeguards for PHI
- Reporting security incidents and breaches as required
- Ensuring our subcontractors comply with HIPAA
- Making PHI available to individuals as required
Your HIPAA Obligations
As a Covered Entity or workforce member, you must:
- Ensure you have authority to access and document patient information
- Use minimum necessary PHI for your documentation purposes
- Report any suspected breaches or security incidents
- Comply with your organization's HIPAA policies
8. Data Management
Data Backup
While we implement security measures, you are responsible for maintaining appropriate backups of critical information per your facility's policies.
Data Deletion
You may delete data from your device at any time. Deleted data may be retained in backups for a limited period as required by law or regulation.
Data Portability
You may export your documentation in standard formats. Exported data remains subject to all applicable privacy and security requirements.
9. Service Availability
We strive to provide reliable service but do not guarantee:
- Uninterrupted access to the App
- Error-free operation
- Compatibility with all devices
- Availability during maintenance periods
We reserve the right to modify, suspend, or discontinue any aspect of the Service with or without notice.
10. Updates and Changes
We may update the App to improve functionality, security, or compliance. You are responsible for installing updates in a timely manner. Continued use after updates constitutes acceptance of changes.
11. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of content
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NURSE CHARTING PRO SHALL NOT BE LIABLE FOR:
- Indirect, incidental, or consequential damages
- Loss of data or patient records
- Clinical decisions based on App usage
- Damages arising from unauthorized access
- Service interruptions or errors
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold harmless Nurse Charting Pro, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any laws or regulations
- Your violation of patient privacy rights
14. Medical Disclaimer
IMPORTANT: NURSE CHARTING PRO IS A DOCUMENTATION TOOL, NOT A MEDICAL DEVICE.
The App:
- Does not provide medical advice, diagnosis, or treatment
- Should not replace professional clinical judgment
- Is not a substitute for direct patient assessment
- Does not guarantee accuracy of AI-generated content
Always verify AI-generated narratives and use professional judgment in all clinical documentation and decision-making.
15. Third-Party Services
The App may integrate with third-party services (e.g., AI providers, cloud storage). We are not responsible for third-party services and their use is subject to separate terms.
16. Termination
By You
You may stop using the App at any time. Uninstalling the App terminates your access but does not necessarily delete all stored data.
By Us
We may suspend or terminate your access if you:
- Violate these Terms
- Engage in fraudulent or illegal activities
- Compromise security or patient privacy
- Fail to maintain required professional credentials
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [State], without regard to conflict of law principles.
18. Dispute Resolution
Informal Resolution
Before filing a claim, you agree to attempt to resolve disputes informally by contacting us.
Arbitration
If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except where prohibited by law.
Class Action Waiver
You agree to resolve disputes on an individual basis and waive any right to participate in class actions.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
20. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated through:
- In-app notifications
- Updated version number
- Email notifications (if provided)
Your continued use of the App after changes constitutes acceptance of the modified Terms.
21. Contact Information
For questions about these Terms, please contact:
- Website: https://nursechartingpro.com
- Email: support@nursechartingpro.com
- Legal Department: Available upon request
22. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nurse Charting Pro regarding the use of the App.
By using Nurse Charting Pro, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.