Last Updated: 8/20/2024

These Terms and Conditions (“Agreement”) govern your use of the medical office time tracking and staff flow management software (“Service”) provided by Maple Grove Eyecare, PC (DBA Smart Clinical Screens) (“Company,” “we,” or “us”). By accessing or using our Service, you (“Customer” or “you”) agree to be bound by this Agreement.

1.Definitions

1.1. Service The software application provided by Maple Grove Eyecare, PC for time tracking and staff flow management in medical offices.

1.2. Clinical Screens Screens that track timing and control the flow of a single exam room.

1.3. Overview Screens Screens located in common areas such as the front desk, break room, doctor’s personal office, and tech stations, providing an overview of operations.

1.4. Authorized Users Individuals authorized by the Customer to access and use the Service.

2. Account Terms

2.1. Account Responsibility You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.2. Eligibility You represent that you are at least 18 years old and have the legal capacity to enter into this Agreement.

3. Acceptable Use

3.1. Compliance You agree to use the Service in compliance with all applicable laws, regulations, and this Agreement.

3.2. Restrictions You shall not:

• Use the Service for any unlawful purposes.
• Modify, adapt, or hack the Service.
• Attempt to gain unauthorized access to the Service or related systems or networks.
• Transmit any viruses or malicious code through the Service.

4. Service Period and Payment

4.1. Service Period This Agreement commences on the date you subscribe to the Service (“Subscription Date”) and continues on a month-to-month basis until terminated in accordance with Section 7.

4.2. Pricing

• Clinical Screens: $30 per month for each Clinical Screen.
• Overview Screens: Unlimited Overview Screens are provided at no additional charge.

4.3. Early Adopter Discount An early adopter discount reducing the monthly fee for Clinical Screens will be applied for the first year of service from the Subscription Date.

4.4. Billing and Payment Payments are due monthly on the anniversary of your Subscription Date. All fees are non-refundable. You authorize us to charge your provided payment method for all amounts due under this Agreement.

4.5. Price Changes We reserve the right to change our pricing upon 30 days’ notice. Continued use of the Service after price changes constitutes your acceptance of the new pricing.

5.Data Ownership and Use

5.1. Ownership You retain all rights and ownership to the data you input into the Service (“Customer Data”).

5.2. License to Company You grant us a non-exclusive, worldwide license to use, reproduce, and process Customer Data solely as necessary to provide and improve the Service.

5.3. Data Security We implement appropriate security measures to protect Customer Data. However, you acknowledge that no method of transmission over the internet or electronic storage is completely secure.

6.Confidentiality

6.1. Definition “Confidential Information” includes any non-public information disclosed by either party under this Agreement, either directly or indirectly, in writing, orally, or by inspection of tangible objects.

6.2. Obligations Each party agrees to:

• Use the Confidential Information only for purposes related to this Agreement.
• Protect the Confidential Information with the same degree of care as it uses to protect its own confidential information.
• Not disclose Confidential Information to any third parties without prior written consent from the disclosing party.
  
  
  

7.Termination

7.1. Termination by Customer You may terminate this Agreement at any time by providing written notice to us and discontinuing use of the Service.

7.2. Termination by Company We may terminate this Agreement or suspend your access to the Service immediately if you breach any terms of this Agreement or for any other reasonable cause.

7.3. Effects of Termination Upon termination, all licenses granted under this Agreement will immediately cease. Sections 5, 6, 8, and 9 will survive termination.

8.Limitation of Liability

To the maximum extent permitted by law, in no event shall Maple Grove Eyecare, PC be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Service. Our total liability for all claims under this Agreement shall not exceed the amounts paid by you to us in the three (3) months preceding the event giving rise to the claim.

9.Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Idaho.

10.Miscellaneous

10.1. Entire Agreement This Agreement constitutes the entire agreement between you and Maple Grove Eyecare, PC regarding the Service and supersedes all prior agreements and understandings.

10.2. Severability If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

10.3. Assignment You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

10.4. Notices All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service.

10.5. Waiver No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right under this Agreement shall not constitute a waiver of such right.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.