Terms of Service

1. Definitions

• “Customer” means the organization subscribing to the Service.
• “Authorized Users” means Customer’s employees/contractors permitted to use the Service.
• “Customer Data” means data submitted to or processed by the Service on Customer’s behalf.
• “PHI” means protected health information as defined under applicable law.

2. Service Scope

PCC QAPI provides operational reporting and workflow tools that connect to third-party systems (including PointClickCare) at Customer’s direction. The Service is intended for business use by organizations and their Authorized Users.

3. Accounts and Authorized Use

Customer is responsible for (a) maintaining the confidentiality of account credentials, (b) ensuring Authorized Users comply with these Terms, and (c) all activity occurring under Customer accounts. Customer will promptly notify PCC QAPI of any suspected unauthorized access.

Customer and Authorized Users must not:

• attempt to gain unauthorized access to the Service, other accounts, or underlying systems
• use the Service to violate applicable law, regulations, or third-party rights
• reverse engineer, decompile, or attempt to extract source code except as permitted by law
• interfere with or disrupt the integrity or performance of the Service

4. Customer Data and Data Ownership

As between the parties, Customer retains all rights in Customer Data. PCC QAPI does not sell Customer Data. Customer is responsible for ensuring it has all necessary rights and permissions to provide Customer Data to PCC QAPI and to authorize PCC QAPI to process it on Customer’s behalf.

PCC QAPI may process Customer Data only to provide, secure, maintain, and improve the Service, provide support, and comply with applicable law. PCC QAPI may generate and use aggregated and de-identified data derived from use of the Service for analytics and service improvement, provided it cannot reasonably be used to identify Customer, individuals, or patient records.

5. PHI, HIPAA, and Compliance

If Customer processes PHI using the Service, Customer represents it is a covered entity or business associate and will use the Service in compliance with applicable healthcare privacy and security laws. Where required, the parties will enter into a Business Associate Agreement (“BAA”) before Customer uploads or processes PHI through the Service.

6. Security

PCC QAPI maintains administrative, technical, and organizational measures designed to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. No method of transmission or storage is 100% secure; Customer is responsible for implementing appropriate safeguards and access controls for its users and environments.

7. Third-Party Services (Including PointClickCare)

The Service may interoperate with third-party services, APIs, or platforms. Customer’s use of third-party services is governed by the third party’s terms, and PCC QAPI is not responsible for third-party services, availability, accuracy, outages, changes, or data practices. Customer authorizes PCC QAPI to access third-party systems only as configured by Customer and only to provide the Service.

8. Fees, Billing, and Taxes

Fees, billing intervals, and payment terms are as set forth in the applicable order form, statement of work, or subscription plan. Except as required by law, fees are non-refundable. Customer is responsible for all applicable taxes, excluding taxes based on PCC QAPI’s net income.

9. Intellectual Property

PCC QAPI and its licensors retain all rights, title, and interest in the Service, including all software, design, and documentation. Customer receives a limited, non-exclusive, non-transferable right to access and use the Service during the subscription term, solely for Customer’s internal business operations.

10. Confidentiality

Each party may receive the other’s confidential information. Each party will use the other’s confidential information only to perform under these Terms and will protect it using reasonable care. Confidential information does not include information that is publicly available through no fault of the receiving party.

11. Term and Termination

These Terms remain in effect while Customer has an active account or subscription. Either party may terminate for material breach if the breach is not cured within a reasonable period after written notice.

Upon termination, Customer’s right to access the Service will cease. Upon request, PCC QAPI will provide a reasonable export of Customer Data if available and if requested within a reasonable time, subject to applicable law and the parties’ agreements.

12. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, PCC QAPI disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PCC QAPI does not warrant that the Service will be uninterrupted or error-free.

13. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, data, or goodwill. To the maximum extent permitted by law, PCC QAPI’s total liability arising out of or related to the Service will not exceed the amounts paid by Customer to PCC QAPI for the Service in the 12 months preceding the event giving rise to the claim.

14. Changes to Terms

PCC QAPI may update these Terms from time to time. Material changes will be posted on this page and/or communicated through the Service. Continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms can be directed to PCC QAPI support or your account administrator.