Last updated April 11, 2023
Thanks for using Oystehr, a product of MassLight, Inc. These Terms of Service ("Terms") are a binding contract between you and MassLight, Inc. ("MassLight", "we", or "us") governing your use of the MassLight’s hosting, APIs, software, source code and applications offered on the Oystehr platform (“Service”). BY USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
Please note that the statements set forth immediately after the headings “In Plain English” are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.
In Plain English: This agreement is a legally binding contract. It may change as the Service changes, and you agree you will review it and any updates regularly.
ARBITRATION NOTICE. Except for certain kinds of disputes described in the "Dispute Resolution and Arbitration" section below, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MassLight ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See the "Dispute Resolution and Arbitration" section below.
In Plain English: We will use arbitration to resolve any problems.
The Service is an on-demand cloud-computing platform for health tech companies and clinical organizations to build, deploy, host, scale health tech software and EHRs. MassLight is not obligated to provide support to you for your use of the Service.
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.
In Plain English: You must be at least 18 years old to use our service.
To access most features of the Service, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].
In Plain English: If you create an account, you are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials on the Service.
Fees and Payments. You must pay fees to use certain portions of the Service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars. MassLight will charge the payment method you specify at the time of purchase. You authorize MassLight to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, MassLight may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Refunds. Fees for use of the Service are non-refundable. If you have questions about fees or a bill, send an email to [email protected], including the invoice number if relevant.
Changes to Fees. If MassLight changes the fees for the portion of the Service that you are using, including by adding additional fees or charges, MassLight will provide you advance notice of those changes. If you do not accept the changes by the effective date of those changes as stated in the notice, MassLight may discontinue providing the Service to you.
In Plain English: You must pay fees to use certain portions of the Service. Once you begin using the Service, your credit card will be automatically charged at the beginning of each billing period, unless you disable your account.
Recurring Payments and Cancellation. The Service may include functionality for activating, updating, or canceling recurring payments for periodic charges. Once you subscribe to a paid plan, your credit card will be automatically charged at the beginning of the next billing period, unless you cancel your subscription at least 3 days before the end of that subscription period by completing the cancel process in your account dashboard or by sending us email to [email protected]. Renewal of your subscription to a paid plan will be subject to the version of these Terms in effect at the time of your renewal. If you elect to cancel your paid subscription before the end of the subscription period, your subscription will remain active through the end of the billing period, but will not renew. If you activate or update recurring payments through the Service, you authorize MassLight to periodically charge, on a going-forward basis and until cancellation of your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 10 business days for the update or cancellation to take effect.
In Plain English: We have the right to downgrade or cancel your account at any time. This is a rare occurrence, and would likely only happen if you were violating the terms, breaking the law, or otherwise misusing the Service. We may also change or discontinue the Service at any time.
You may terminate your account at any time by by completing the cancel process in your account dashboard or contacting customer service at [email protected]. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, MassLight may in its sole discretion terminate your user account on the Service and this Agreement or suspend or terminate your access to the Service and at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your use of the Service.
License Grant to You. Subject to your complete and ongoing compliance with the terms and conditions of these Terms, MassLight hereby grants you a personal, limited, revocable, non-transferable, non-sub-licensable license to: access and use the Service solely for your own use or for the entity on whose behalf you are authorized to act.
Applicability to Updates. These Terms will govern any updates provided to you by MassLight that replace or supplement the Services, unless the upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
You agree not to:
In Plain English: Do not do bad things with the Service, try to break it, or steal our hard work.
Limited License Grant to MassLight. You retain copyright and any other proprietary rights that you hold in the data that you upload to the Service (“Data”). By uploading Data to the Service, you grant MassLight a non-exclusive, worldwide, royalty-free, fully-paid right and license to:
For clarity, the rights granted by you in this paragraph include the rights to reproduce, host, store, transfer, display, perform, and modify your Data.
Data Representations and Warranties. You are solely responsible for your Data, including the consequences of sharing Data. By uploading Data to the Service, you represent and warrant that you are the creator and owner of your Data, or have the necessary licenses, rights, consents, and permissions to authorize MassLight and users of the Service to use and make available your Data as necessary to exercise the licenses granted by you in this section, in the manner contemplated by MassLight, the Service, and these Terms.
In Plain English: You own all Data that you upload to the Service, but you grant us certain rights to Data so that we can provide you the Service, and also the right to use aggregate and non-personally identifiable Data for our business purposes. You are responsible for your Data and have the necessary rights to your Data.
We are under no obligation to edit or control comments that you or other users post or publish to our user forums or other public support channels, and will not be in any way responsible or liable for those comments. MassLight may, however, at any time and without prior notice, screen, remove, edit, or block any comments that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when reading the user forum you will be exposed to comments from a variety of sources and acknowledge that those comments may be inaccurate, offensive, indecent, or objectionable. We expressly disclaim any and all liability in connection with comments on the user forum or other public support channels. If notified by a user that comments allegedly do not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove those comments, which we reserve the right to do at any time and without notice.
In Plain English: Please use common sense and be respectful of others if you post comments to our user forum. Comments you view on the Service may be offensive or otherwise objectionable to you.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended) ("DMCA"). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
MassLight
ATTN: Legal Department (Copyright Notification)
1111B S Governors Ave #6392, Dover, DE 19904
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the information required by the DMCA.
Repeat Infringers. MassLight will promptly terminate without notice the accounts of users that are determined by MassLight to be repeat infringers. A "repeat infringer" is a user who has been notified of infringing activity or has had Data removed from the Service at least twice.
In Plain English: If you think a user has violated your intellectual property rights using the Service or if you think someone incorrectly reported that you violated his or her intellectual property rights, tell us.
Privacy Policy. Your use of the Service is subject to the Privacy Policy and the Privacy Policy is incorporated by reference into these Terms. By using the Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
Consent to Use of Data. You agree that MassLight may collect and use technical data and related information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes. Please see the Privacy Policy for more details regarding the information MassLight collects, and how it uses and discloses that information.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service, subject to Section 14. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
In Plain English: Please read our Privacy Policy for details on how we use your personally identifiable information. You agree that we can use certain usage data to improve the service and for analytics. You have permission to send text messages and you consent to receive text messages from us when you configure or use our "Alerting" features.
Access to Third Party Services. The Service may provide you with access to third party services, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (collectively, "Third Party Services").
No Control Over Third Party Services. MassLight does not have or maintain any control over Third Party Services, and is not and cannot be responsible for their content, operation, or use. By linking or otherwise displaying information from or providing access to any Third Party Services, MassLight does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third Party Services.
Terms of Third Party Services. Third Party Services may have their own terms of use and privacy policy, and may have different practices and requirements to those operated by MassLight with respect to the Service. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third Party Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third Party Services.
Disclaimer of Liability for Third Party Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services. MassLight disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against MassLight with respect to the content or operation of any Third Party Services.
In Plain English: We use third-party services and information to help us provide the Service, but this doesn't mean that we endorse them or are responsible or liable for them.
The software you download consists of a package of components, including certain third party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"). Your use of the Third Party Software in conjunction with the Services in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
In Plain English: The Service may contain components that are owned by third parties, which are provided under separate license terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
In Plain English: These terms may change as the Service changes, and you agree you will review it and any updates regularly.
MassLight or its third-party licensors own the elements of the Service, including all visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and trademarks. You may not make use of any portion of the Service except as expressly authorized in these Terms. MassLight reserves all rights to the Service not expressly granted in these Terms.
In Plain English: The MassLight logo, software, trademarks, graphics, products, and services belong to us. You agree not to copy or sell any of our intellectual property.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service, then you hereby grant MassLight an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose, including to improve the Service and create other products and services.
In Plain English: We appreciate your comments, but if you send us feedback, we can use that feedback for any purpose and without compensating you.
You are responsible for your use of the Service, and you will defend and indemnify MassLight and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "MassLight Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
In Plain English: We are not responsible for anything that happens as a result of you violating these terms, violating someone else's rights, or a third-party claim.
YOU USE THE SERVICE AT YOUR OWN RISK. WE MAKE NO WARRANTIES OR GUARANTEES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
In Plain English: You use the Service at your own risk. We make no warranties or guarantees about any matter whatsoever.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MASSLIGHT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MASSLIGHT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN THE PARAGRAPH TITLED "FEES" IN SECTION 21, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MASSLIGHT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MassLight FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and MassLight submit to the personal and exclusive jurisdiction of the state courts located within the state of Delaware and the federal courts located within the Third District for resolution of any lawsuit or court proceeding permitted under these Terms.
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. You may be responsible for our legal fees and costs arising out of your use of the Service.
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and MassLight submit to the personal and exclusive jurisdiction of the state courts located within the state of Delaware and the federal courts located within the Third District for resolution of any lawsuit or court proceeding permitted under these Terms.
In Plain English: We are located in Delaware, so all disputes must be resolved there.
Generally. In the interest of resolving disputes between you and MassLight in the most expedient and cost effective manner, and except as described in the paragraph below titled "Exceptions," you and MassLight agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MassLight ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the paragraph above titled "Generally," nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and MassLight will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you are using the Service as a consumer end user, and under its Commercial Arbitration Rules if you are using the Service on behalf of an entity ("AAA Rules"), as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting MassLight. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration provision.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). MassLight's address for Notice of Arbitration is: MassLight, Inc., 1111B S Governors Ave #6392, Dover, DE 19904. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or MassLight may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MassLight must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, MassLight will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by MassLight in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with these Terms, MassLight will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in El Dorado County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse MassLight for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND MASSLIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MassLight agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If MassLight makes any future change to this arbitration provision, other than a change to MassLight's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to MassLight's address for Notice of Arbitration, in which case your account with MassLight will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If the paragraph above titled "No Class Actions" is found to be unenforceable or if the entirety of this Section 21 is found to be unenforceable, then the entirety of this Section 21 will be null and void, the remaining provisions of these Terms will remain in effect in accordance with Section 24, and the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.
In Plain English: We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
In Plain English: We may communicate with you by email or posting notice via the Service.
If you are using our mobile applications on an iOS device, the terms of this Section 23 apply. You acknowledge that these Terms is between you and MassLight only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple's subsidiaries are third party beneficiaries of Section 23 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 23 of these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
In Plain English: This is relevant for you if you are using our mobile applications on an iOS device.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and MassLight regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
The Service is offered by MassLight. MassLight’s mailing address is 1111B S Governors Ave #6392, Dover, DE 19904. You may contact us by sending correspondence to that address or by emailing us at [email protected].
Medical Advice. MassLight does not give medical advice. The Service may include certain third-party software and services. Your use of such software or services may require that you enter into separate subscription or licensing agreements with third-party vendors and suppliers. You agree to comply with and, upon request, execute such agreements as may be required for the use of such software or services. You may allow employees to use the Service on your behalf. You may allow patients to use the Service. You are responsible for the use and misuse of the Service by the employees and patients you allow to access the Service using your account. No Third-Party Access. Except as required by law and described below, you will not permit any third party to have access to the Service using your account. You may allow your employees to use the Service on your behalf in compliance with these Terms. You may also allow patients to make payment for your services through the Service in compliance with these Terms. You are solely responsible for the use of the Service by your employees and patients. We have no liability for the consequences to you or your employees or patients from your or their use of the Service. Responsibility for Misuse by Other Users. You acknowledge that by allowing employees and patients to access the Service with your account, you are responsible for ensuring such employees and patients use the Service for the purposes for which they are accessing it. While the Service has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Service by any employee or patient to whom you gave access or log-in credentials. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law. You represent and warrant that you received any necessary consents from individuals before posting their information in the Service. Individuals' Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the Service. Exporting Information from the Service. You are solely responsible for any health-related information exported from the Service by you or the employees and patients that you allow access from your account. Training and Compliance. You agree to train all employees on the use of the Service, HIPAA or health privacy obligations, and the requirements of these Terms and ensure that they comply with such requirements. Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the Service. You will cooperate fully with us in connection with any such demand.
MassLight's Health-Related Information Practices
MassLight voluntarily complies with the requirements of the "Privacy Rule" and "Security Rule" as defined by Health Insurance Portability and Accountability Act ("HIPAA") of 1996 and the Health Information Technology for Economic and Clinical Health Act ("HITECH Act"). We may use and disclose health-related information to provide our services. We may use de-identified health-related information as permitted by law. Use and Disclosure. We may use and process the health-related information posted to the Service for the proper management, provision, and administration of the Service and our business, and as required by law. We may also disclose health-related information if required by law or we obtain reasonable assurances from the recipient that such information will be held confidentially and used or further disclosed only as required by law or for the purpose for which we disclosed it. You agree that MassLight may use and share de- identified health-related information to the fullest extent permitted by law. Data Transfers at Your Request. We do not transfer health-related information to third parties, other than our vendors, suppliers and as required to process patient billing. We may transfer health-related information to third parties, including health plans, health-care clearinghouse, and others. You authorize us to make such transfers upon the request of you and the users who are acting under your account. You acknowledge that when you consent to transferring the information to third parties, we have no control over how those third parties will use and disclose the information. We will use appropriate administrative, physical, and technical safeguards to prevent use or disclosure of health-related information other than as provided for by these Terms. Appropriate Safeguards. We will use appropriate safeguards to prevent the use or disclosure of health-related information other than as provided for by these Terms, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information. Security Incident. We will report to you any discovered use or disclosure of health- related information not provided for by these Terms, or when we determine that unauthorized access to health-related information has occurred. Our Agents. We will ensure that any of our agents, suppliers, and vendors to whom we provide health-related information for purposes of assisting us in providing the Service, agrees to the same restrictions and conditions that apply to us with respect to such information, including the obligation to implement reasonable and appropriate safeguards. Access, Amendment, and Accountings. We will facilitate your requirements under the Privacy Rule to give patients access and the ability to amend health-related information you posted to the Service. We may also facilitate an accounting of disclosures as required by the Privacy Rule. Department of Health and Human Services ("HHS") Audits. We will give HHS access to our internal practices, books, and records related to the use and disclosure of health- related information for the purposes of determining your compliance with the Privacy Rule. The Service retains the information you post to it for compliance and regulatory purposes and will cooperate with you regarding requests to delete information. We will provide you copies of health-related information in electronic form if you decide to terminate your use of the Service. Termination of these Terms. At the termination of these Terms we will provide you with a copy of health-related information in an electronic form that is accessible through commercially available hardware and software. If feasible, we will also return or destroy all health-related information you or your employees or patients post to the Service. If such return or destruction is not feasible, we will continue to abide by these Terms with respect to such information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. You acknowledge that segregating health-related information for removal from the Service may be infeasible. Security Rule. We will comply with the provisions of the HIPAA Security Rule that are made applicable to business associates. We will notify you of the discovery of any breach of health-related information that we store and we will cooperate reasonably with you to investigate and mitigate any such breach. We will provide you with the necessary information to make any legally required notification to individuals.
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