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Terms & Conditions

1. Introduction

These "Terms of Service" (referred to as "Terms") apply to your usage of the Services (as defined below) that Edvak,("Edvak," "we," or "us") offers to our customers, including healthcare providers or their organizations ("Providers"), or on behalf of our customers to their patients. The term "Services" pertains to Edvak’s range of products and services, encompassing our websites ("Sites"), cloud-based electronic health records systems, along with associated systems like practice management systems, mobile applications, and other associated products. These Services might have interactions with one another and may also integrate with other products and services operated by Edvak or its affiliated company,(collectively referred to as "Affiliated Services"), as well as external services operated by third parties ("Third Party Services"). It's important to clarify that, as mentioned in Section 6, Edvak does not offer healthcare services. Some Services might present you with specific terms of use called "Service Specific Terms," which will take precedence over these Terms in case of any conflicts. If you are a Provider or accessing the Services on behalf of a Provider, you or the Provider might have executed a service agreement, business associate agreement, or other documents containing terms and conditions for the Services ("Customer Documents"). In situations where these Terms contradict the Customer Documents, the Customer Documents will prevail.

2. General Terms and Conditions

By downloading, registering for access, accessing, or using any of the Services where these Terms are posted, or by affirming your acceptance of these Terms, you acknowledge that you have read, comprehended, and consented to be bound by these Terms and our Privacy Policy. If you disagree with these terms, please refrain from using the Services or any of their components. It's important to note that:

  • Section 13.1 includes a disclaimer.
  • Section 13.2 outlines liability limits.
  • Section 17 covers the choice of law.
  • Section 16 explains how these Terms can be amended.
  • Section 18 describes the agreement to arbitration.
  • Section 19 addresses the waiver of class action.
  • Section 21.6 specifies a time limit for filing claims.

These Terms constitute a legally binding agreement between you and Edvak, regardless of whether you are using or accessing the Services for yourself, on behalf of a minor, as a caregiver, or on behalf of a Provider. They govern your use of the Services, and it is crucial to read them carefully. These Terms will remain in effect until you discontinue using the Services, delete all associated applications, or until terminated as outlined in Section 16 below.

Edvak retains the discretion to modify portions or all of these Terms and the Privacy Policy at its sole discretion. You are responsible for periodically reviewing these Terms and the Privacy Policy for any changes. Your continued use of the Services implies your agreement to any new or revised provisions of these Terms or the Privacy Policy, which can be accessed through the Services.

If you are an Edvak Provider customer, please refer to your Customer Documents for details regarding the grant of rights to the Services. Otherwise, Edvak grants you a personal, limited, revocable, non-exclusive, non-transferable right to access and utilize the Services and Content solely for your personal, non-commercial use. Any rights not explicitly granted to you in these Terms are reserved by Edvak.

3. Content and Intellectual Property Information

You are prohibited from using the Edvak services without explicit written permission from Edvak.

  • Ownership of Trademarks: The trademarks and service marks associated with the Edvak service, including the registered Edvak design mark, are the exclusive property of the Edvak (referred to as "Edvak"). These marks, such as "Edvak," is federally registered and protected by common law. Any use of these marks without the express, written permission of the Edvak is strictly prohibited.
  • Third-Party Trademarks: Any third-party trademarks or service marks that may be mentioned or displayed in connection with the Edvak service belong to their respective owners. These marks are not affiliated with or endorsed by the Edvak.
  • Proprietary Content: The Edvak service contains proprietary content, encompassing animations, applets, audio, data, design elements, graphics, illustrations, images, information, trademarks, music, photographs, text, videos, and other files (collectively referred to as the "Content"). This Content is protected by copyright, trade dress, trademark, and other intellectual property rights, as well as relevant laws governing unfair competition.
  • Ownership of Content: The Content available within the Edvak service is either owned, controlled, or licensed by the Edvak Company. All rights, titles, and interests in the Content and the service itself are retained by the Edvak.
  • Usage Restrictions: Unless explicitly authorized by the EHR Company through written consent or as expressly provided for in the Edvak’s Terms of Service, users are prohibited from engaging in actions such as copying, modifying, reformatting, leasing, selling, distributing, encoding, publicly displaying, publishing, reproducing, creating derivative works, translating, uploading, or exploiting any portion of the Edvak service and its Content.

In summary, the Edvak’s Terms of Service clearly define the ownership of trademarks, emphasize the protection of third-party trademarks, underscore the proprietary nature of the Content, affirm the Edvak’s ownership of the service and its content, and outline usage restrictions to safeguard intellectual property rights.

4. Digital Millennium Copyright Notice and Reporting Infringement

In accordance with 17 U.S.C. § 512(c)(2), known as the Digital Millennium Copyright Act of 1998, you have the right to report instances of potential copyright infringement concerning content on our Services. This includes situations where you believe you own or control the copyright to content on our Services or if any links on our Services redirect users to another platform, such as a website, that contains material allegedly infringing upon a copyright you own or control. To file a notification of such infringement, please follow the guidelines below. Your notification should encompass the following information:

  • The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are implicated, a representative list of these works.
  • Identification of the material alleged to be infringing or the subject of infringing activities, including information enabling us to locate the material.
  • Contact details for the notifying party, which should include name, address, telephone number, and email address.
  • A statement affirming a good faith belief that the material in question is not authorized for use by the copyright owner, its agent, or the law.
  • A statement affirming the accuracy of the information provided in the notification and, under penalty of perjury, asserting authorization to act on behalf of the owner of an exclusive right allegedly infringed.

Please send this notification to Edvak's designated agent:

Mailing address:

Vamsi Edara

440 Benmar Dr Ste 2045, Houston, Texas, 77060, United States

Email: [email protected]

Contact : +1 (832) 917-0909

If you are a patient, we kindly request that you refrain from contacting Edvak’s designated agent for technical support issues. Instead, direct your technical support queries to your relevant healthcare provider. Any technical support requests sent to the above designee may not receive a response from Edvak.

5. Access and Utilization of the Services

Subject to Section 20, which addresses Force Majeure, Edvak endeavors to maintain access to the Services 24/7 and conducts necessary repair or maintenance operations to ensure their smooth operation. However, Edvak disclaims any liability for Service performance issues arising from maintenance, breakdowns, or events beyond Edvak’s reasonable control, as detailed in Section 20 on Force Majeure.

You acknowledge that data conversion and transmission within the Services can be susceptible to human and machine errors, omissions, delays, and losses, including inadvertent data loss or media damage, which may result in loss or damage. Edvak disclaims liability for such errors, omissions, delays, or losses.

Additionally, you recognize that accessing, using, or downloading the Services via the Internet and/or mobile devices carries inherent security risks, including the potential for unauthorized interception, diversion, corruption, loss, access, and disclosure of transmitted information. Edvak disclaims any liability for adverse consequences related to your access, use, or download of the Services over the Internet or through mobile devices, as well as any misuse of an Internet connection violating Applicable Laws (defined below) or infringing on others' intellectual property rights.

To access, use, or download the Services, you may need to provide Edvak with personal information, such as your name, email address, and telephone number. By submitting such information, you represent and warrant its truthfulness and accuracy. You authorize Edvak to use any means necessary to verify the accuracy of the provided information, safeguarding its rights and other users of the Services. Edvak reserves the right to terminate your access to the Services if you provide false or inaccurate information.

5.1. Account Management

Certain functions of the Services, such as the Portals, necessitate the creation of a user account linked to specific Account Credentials, including a username, password, and/or PIN, to ensure secure access to these features. Other aspects of the Services that may be accessed without Account Credentials do not benefit from the same level of security and protection. If you have a registered account, you may have the option to connect some Services with Affiliate Services and Third-Party Services using your Account Credentials. For instance, you may be allowed to link your Services user account with a Medicare user account. You bear sole responsibility for maintaining the utmost confidentiality of your Account Credentials. Sharing your Account Credentials with others or permitting anyone else to access, use, or download the Services using your Account Credentials is strictly prohibited. Any damages or losses incurred by Edvak as a result of your failure to uphold the strict confidentiality of your Account Credentials will be solely your responsibility. In case of potential or actual security concerns, you must promptly notify Edvak in writing to request deactivation of your account. Edvak disclaims any liability for any harm arising from the unauthorized use or disclosure of your Account Credentials, whether intentional or negligent, or from sharing Account Credentials without Edvak’s authorization. Registering for multiple accounts for the same Service, including each available website and application, is prohibited. The use of alter-egos or concealed identities when accessing, using, or downloading the Services is strictly prohibited. We prohibit all forms of indirect and "spoofed" access.

5.1.1. Proxy Accounts

Parents or legal guardians of a minor may request the registration and access to an account for the minor in consultation with the minor's healthcare provider, provided they have obtained written consent from the minor's healthcare provider. The minor's healthcare provider retains discretion in granting such access.

5.2. Children and Minors

If you are under the age of 13, you are not permitted to access, use, or download the Services. If you are a minor, aged between 13 and 17, utilizing these Services, your healthcare provider is responsible for ensuring that written consent from a parent or legal guardian has been obtained for your usage of these Services. The healthcare provider must secure any necessary written consent before granting access. For inquiries related to consents, please reach out to your healthcare provider. By accessing, using, or downloading any of the Services, you confirm and warrant that you are 18 years old or older, or alternatively, that your parent(s) or guardian(s) have provided written consent for your use of the Services. State and federal laws mandate certain types of medical information that may not be viewed by a parent or legal guardian of a minor between the ages of 13 and 17 without the minor's consent or at the discretion of the healthcare provider. Consequently, the minor's healthcare provider may not provide full access to the Services to parents or legal guardians of minors in this age group.

5.3. United States Only

To access, use, or download the Services, you must be a resident of one of the 50 States of the United States of America, excluding its commonwealths, territories, and possessions. By accessing, downloading, or using any of the Services, you affirm and guarantee that you are indeed a resident of one of the 50 States of the United States of America.

6. Medical Disclaimers

Your use of the Services and any information or Content contained within or transmitted through the Services is not intended to and will not establish any form of healthcare provider/patient relationship between you and Edvak or its affiliates. This applies whether you are utilizing any of the Services, such as provider location services, or accessing links to Affiliated Services designed to help users find medical professionals. Please note that Edvak cannot guarantee that communications between patients and Providers will occur in real-time.

All Content available on or through the Services is provided for informational and educational purposes only. It is not a substitute for the professional judgment of a healthcare professional when it comes to diagnosing and treating patients. Neither the Content nor any Services should be seen as a replacement for medical diagnosis or treatment. Edvak does not endorse or recommend any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses, or other information that may be mentioned on or transmitted through the Services, regardless of whether it is communicated by healthcare providers, insurance providers, or similar professionals or organizations. Your reliance on any information obtained or used by you is entirely at your own risk.

Edvak disclaims any liability for the accuracy of information or Content provided or sent by you or other users of the Services, including physicians, other healthcare providers, insurance providers, or their representatives. You are responsible for verifying the accuracy of any information you send or receive through the Services, including patient health information, data, or records. In case of an emergency, please do not use the Services to contact your healthcare provider. Instead, immediately dial 911 and request emergency care assistance.

Edvak disclaims any liability for any decisions you make or actions taken in connection with using the Services to find and/or establish a relationship with a medical professional. It's important to note that Edvak has no control over and cannot guarantee the availability of any provider within the Services at any given time. Edvak will not be liable or responsible for canceled or unfulfilled appointments or any resulting injuries, or for any other injuries resulting from the use of the Services.

Before selecting a healthcare professional, it is your responsibility to conduct an independent investigation. This includes making phone calls to the appropriate licensing authorities to verify listed credentials and education, and confirming information about a specific doctor or healthcare provider by reaching out to the Provider's office, consulting with your current Provider, contacting the medical association related to the Provider's specialty, checking with your state medical board, and consulting other relevant sources as needed.

Edvak offers the Services to its customers and their patients as an informative and educational resource. While Edvak may review Content posted on the Services, it is not obligated to do so. Edvak cannot guarantee the timeliness or accuracy of all Content. Authors (whether users of the Services or not), Edvak, or any other parties involved in the creation or publication of Content cannot guarantee that the Content is entirely accurate or complete. Edvak disclaims liability for any errors or omissions and for the outcomes resulting from the use of such Content.

Please be aware that the procedures, products, services, and devices discussed and/or advertised within the Services may not be applicable to all individuals, patients, or clinical situations. Edvak does not make claims regarding the effectiveness of these procedures, products, services, or devices. Any products and/or services presented on the Services by advertisers, sponsors, or other Services participants, whether paid or unpaid, are provided for informational purposes and do not imply suitability for any specific individual or predict effectiveness, outcomes, or success. Edvak disclaims any liability related to your use of these procedures, products, services, or devices.

7. Compliance with Laws; Transmission of Data

Certain Services provided by Edvak to our Provider customers or made accessible to their patients involve the handling of Protected Health Information (PHI), as defined below, in accordance with Customer Documents we have established with our Provider customers. In the operation of the Services, and as required by (A) the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations ("HIPAA"), and (B) the Health Information Technology for Economic and Clinical Health Act ("HITECH") and its associated regulations (referred to collectively herein as the "Privacy Laws"), Edvak will, within the scope of the Customer Documents, adhere to the Privacy Laws applicable to business associates. This includes maintaining the confidentiality of any individually identifiable health information protected by HIPAA ("PHI") that is transmitted or made available through the functionality of the Services or the Affiliated Services.

If you are a patient of a Provider, our utilization of PHI is governed by HIPAA, other Applicable Laws, and the Customer Documents established with your Provider. Please note that these Terms may be amended periodically as needed to ensure compliance with the Privacy Laws. The obligations outlined in this Section 7 will continue to apply even after you have discontinued your use of the Services.

When using the Services to upload, transmit, or receive PHI, you are agreeing to comply with all applicable local, state, federal, or international laws, rules, and regulations. This includes but is not limited to the Privacy Laws, any court orders, or other governmental, administrative, or judicial mandates (collectively referred to as "Applicable Laws"). You represent and warrant that you will consistently adhere to all Applicable Laws, whether directly or indirectly related to the collection, use, transmission, processing, reception, reporting, disclosure, maintenance, and storage of PHI.

You acknowledge that Edvak, along with any other individuals or entities involved in the operation of the Services, possesses the right to monitor, retrieve, store, review, and use PHI when applicable, in connection with the transmission of any PHI. To the extent permitted by Applicable Laws, you hereby grant Edvak an everlasting, unrestricted license to utilize data and information directly associated with you, your patient care, your Provider's procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively referred to as "Client Data"). This usage will be in a de-identified format as defined by Applicable Laws for purposes such as data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services. However, Edvak will remain in compliance with Applicable Laws regarding these actions.

Please note that Edvak disclaims any liability for your use or misuse of PHI or other information transmitted, monitored, stored, or received while using the services, whether for locating a provider through the services or otherwise. Edvak reserves the right to amend or delete any uploaded content (along with the right to revoke any membership or restrict access to the services) that, in Edvak’s sole discretion, violates any provisions of this section or the general terms of use.

8. Prohibited Conduct

You may use the Services only for lawful purposes and in compliance with applicable laws. When accessing, using, or downloading the Services, you must not:

  • Infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other rights of Edvak or any third party.
  • Abuse, defame, harass, or stalk any individual or other user of the Services.
  • Interfere with or attempt to interfere with the proper working of the Services, including using methods such as cancel bots, denial of service attacks, flood pings, forged routing or email address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar technology.
  • Use any automatic device, program, algorithm, or methodology, or any similar manual process to access, acquire, copy, or monitor any part of the Services or any Content, or circumvent the navigational structure or presentation of the Services or any Content to obtain materials, documents, or information not purposely made available through the Services.
  • Misrepresent your identity, provide false information, impersonate another person or entity, create or use a false identity, or attempt to use another user's account.
  • Attempt to gain unauthorized access to any website or mobile device application through the Services.
  • Engage in transmission of chain letters, junk mail, spam, or any other unsolicited solicitation.
  • Collect information about other users without their express consent or other information relating to the Services.
  • Use meta tags or any hidden text that utilizes Edvak’s names, service marks, trademarks, or product or service names.
  • Advertise, offer to sell, or sell goods or services set forth in the Services or solicit other users, except as expressly permitted by Edvak.
  • Interfere with any third party's ability to use or enjoy the Services.
  • Probe, scan, or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services or any connected network.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Edvak’s systems or networks, or any connected systems or networks.
  • Attempt to reverse engineer, decompile, disassemble, or alter any part of the Services, or create false results from any of the Services.
  • Create products or services that compete directly or indirectly with any of the Services.
  • Assist any third party in engaging in any activity prohibited by these Terms.

9. Adding or Posting Content to Services

The Services may offer features that allow you to submit content or messages, such as text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files, which can be accessed by other users of the Services or through the Sites or applications (referred to as a "Posting"). If such functionality is available, you must refrain from submitting any Posting that:

  • Restricts or hinders any other user from using and enjoying the Services or any Affiliated Services, in whole or in part.
  • Contains abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, vulgar, or unlawful content in any manner.
  • Encourages or constitutes conduct that could lead to a criminal offense, civil liability, or any violation of law, rule, or regulation.
  • Violates, plagiarizes, or infringes upon the rights of third parties, including but not limited to copyright, trademark, patent, rights of privacy or publicity, or any other proprietary rights.
  • Contains viruses or other harmful components.
  • Includes information, software, or material of a commercial nature.
  • Features advertising, promotions, or commercial solicitations of any kind.
  • Contains false or misleading statements of fact.

By submitting or authorizing any Posting, you grant Edvak an enduring, worldwide, royalty-free, exclusive, sublicensable, and irrevocable right and license to use, copy, reproduce, distribute, perform, and display the Posting (including any information contained therein) and derivative works derived from it, in whole or in part, in any form, media, or technology known or hereafter developed, as long as such use aligns with Edvak’s applicable obligations outlined in these Terms. By doing so, you irrevocably waive any claims based on moral rights, privacy rights, misappropriation, right of publicity, unfair competition, and similar doctrines, theories, and torts.

Please note that Edvak will not pre-screen Postings, and Edvak and its designees have the right (though not the obligation) at their sole discretion to block, restrict access to, or edit, disable, or remove any Posting available via the Services or the Affiliated Services. For instance, Edvak and its designees may edit, disable, remove, or restrict access to any Posting that violates these Terms or needs to be reviewed, monitored, edited, or deleted in accordance with applicable laws.

You are responsible for assessing and assuming all liability associated with the use of any Postings, including any reliance on their accuracy, completeness, or usefulness. Edvak disclaims any liability arising from the use of any Posting by you or any third party.

10. Advertisment and Links to Third Parties

The Services may incorporate sponsored advertising. By accessing, using, or downloading the Services, you acknowledge and agree to the presence of sponsored ads and services on the Services, placed at Edvak’s sole discretion. These ads may appear vertically on either side or horizontally at the bottom of any displayed page on the Services. Sponsored ads are distinguished from other content on the Services through the use of boxes surrounding the advertisement, a different colored background, or similar means. They also include a header with wording such as "Advertisement or Sponsorship."

Beyond the advertising mentioned above, you consent to Edvak getting in touch with you regarding specific offers, products, or services from Edvak or its partners that Edvak believes may interest you. You understand and agree to Edvak contacting you in this manner. You may also be requested to provide authorization for the following:

  • Edvak using your PHI in connection with its business partners and the advertising, offers, products, or services directed towards you.
  • Edvak sending notifications to your mobile device(s).

By accepting such Service Specific Terms while accessing, using, or downloading the Services (including the registration process for a user account), you authorize Edvak to act as specified in these Service Specific Terms.

Additionally, the Services may contain links to websites of Edvak affiliates, partners, advertisers, or unrelated third-party companies, as well as links to other websites or mobile applications (collectively referred to as "Linked Sites"). It's important to note that Edvak does not own or have control over Linked Sites. Edvak disclaims any liability, warranties, and makes no representations regarding the availability of these Linked Sites, their content, advertising material, or the products or services available through them.

Edvak does not endorse any Linked Sites, is not bound by their terms and conditions (if any), and the existence of a Linked Site does not imply any affiliation, connection, endorsement, or sponsorship by Edvak. References or hypertext links to the names, logos, or marks of third parties on the Services, including the partners or products and services of Linked Sites, do not constitute or imply Edvak’s endorsement, sponsorship, or recommendation.

You acknowledge and agree that Edvak disclaims any responsibility or liability, including for any direct or indirect damage, that may result from your visit to a Linked Site, your use of the contents, products, or services of a Linked Site, your contact with their owners or operators, or any connection with a Linked Site. Your use of a Linked Site is solely at your own risk and is subject to the Linked Site's terms of use, privacy policies, and other practices.

Edvak is not obligated to inform or update you regarding the terms and conditions of access, use, or service, or the privacy policies of Linked Sites. If you have any questions or concerns about any Linked Site, you should review any terms and conditions and privacy policy maintained by that Linked Site or contact the relevant party or their website administrator.

11. Privacy

The terms of our Privacy Policy are applicable to your usage of the Services, and they are hereby included and considered an integral part of these Terms.

12. Representations, Warranties, and Indemnification to Edvak

You affirm, promise, and commit to Edvak that:

  • You possess the complete authority and capability to enter into and fulfill your obligations under these Terms.
  • Your agreement to and performance of your responsibilities under these Terms do not constitute a violation of or conflict with any other agreement or arrangement to which you are bound or any Applicable Laws.
  • You are legally capable of forming a binding contract, and these Terms represent legally valid and binding commitments that can be enforced in accordance with their stipulations.
  • Your use of the Services or any Affiliated Services will not infringe upon the patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or other intellectual property or proprietary rights of Edvak or any third party.
  • You have furnished complete, accurate, and truthful information about yourself for the purpose of accessing, using, and downloading the Services.
  • You will refrain from using the Services, any Affiliated Services, or any contained information for improper, harassing, or unlawful purposes.
  • You will adhere to all Applicable Laws while using the Services and the Affiliated Services, including these Terms.
  • You are not a paid consultant or possess any other financial interests in the information you provide on the Services or any Affiliated Services, including but not limited to the promotion of "off-label" drug uses, the disclosure of confidential clinical trial results, or any other proprietary information.

You consent to indemnify and safeguard Edvak and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, and managers ("Indemnified Parties") from any and all damages, losses, costs, fines, settlements, or expenses (comprising attorney's fees and costs) incurred concerning any third-party claim, demand, or action ("Claim") filed or asserted against any of the Indemnified Parties:

  • Alleging facts or circumstances that would constitute a breach of any provision within these Terms of Use.
  • Arising from, associated with, or linked to your access, use, or download of the Services, any Affiliated Services, and/or their Content.
  • Resulting from, related to, or connected with your non-compliance with any Applicable Laws.

13. Disclaimers, Exclusions and Limitations

In the sections mentioned below, the term "Edvak Representatives" encompasses Edvak, as well as its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers, and suppliers.

DISCLAIMER OF WARRANTIES (Section 13.1): The Services, Content, and any information included on or provided through the Services or the Affiliated Services (including all related websites and applications) are provided on an "as is" basis, without any warranty of any kind, whether express or implied. The Edvak Representatives disclaim all warranties and conditions, whether express, implied, or statutory, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, and lack of negligence or workmanlike effort. Without limiting the foregoing provisions: (1) You are solely responsible for selecting the Services and/or their Content to achieve your intended results and for the use of, and results obtained from, the Services and/or their Content. (2) The Edvak Representatives make no representation or warranty that the Services, any Affiliated Services, and/or any Content will be error-free, secure, free from viruses, uninterrupted, free from defects or other failures or harmful components, or that they will satisfy your specific requirements or be compatible with your equipment (whether mobile or otherwise), other hardware, software, or browser configuration, or that inaccuracies or errors will be corrected. (3) The Edvak Representatives make no representation or warranty regarding the accuracy, timeliness, or error-free nature of information obtained from third-party sources (including users of the Services) used within or in connection with the Services or any Affiliated Services. (4) The Edvak Representatives make no representation or warranty regarding the accuracy or error-free nature of information provided by users to gain access and permission to use the Services, any Affiliated Services, or other information posted by users. (5) The Edvak Representatives make no representation or warranty regarding the suitability of persons participating in the Services or the Affiliated Services, or their character or integrity. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable laws.

LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES (Section 13.2): Under no circumstances and under no legal theory, shall the Edvak Representatives or the third parties mentioned on the Services or the Affiliated Services (including all related websites and applications) be liable to you or any other person or entity for any damages whatsoever, including, without limitation, direct, indirect, special, incidental, consequential, exemplary, punitive, or other damages of any character whatsoever arising out of or in any way related to the use or inability to use the Services, the Affiliated Services, related websites and applications, and/or their Content, or otherwise under or in connection with any provision of these Terms of Use, even in the event of fault, tort (including negligence and gross negligence), strict liability, breach of contract, or breach of warranty by the Edvak Representatives or the third parties mentioned on the Services or any Affiliated Services (or related websites and applications), and even if the Edvak Representatives or the third parties mentioned on the Services or any Affiliated Services (or related websites and applications) have been advised of the possibility of such damages. Some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable laws.

14. Violation of “Terms of Service”

In its sole discretion and without prior notice, Edvak may terminate your access to the Services and/or any related websites or applications if it determines that you have violated these Terms. Edvak reserves the right to disclose any information about you, including your identity, if such disclosure is deemed necessary for investigations, complaints regarding your use of the Services, or to identify, contact, or take legal action against individuals or entities causing harm to Edvak’s rights, property, or others.

Edvak may also disclose information as required by Applicable Laws or if it deems such disclosure permissible under Applicable Laws, including sharing information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Edvak may retain and disclose any communications made by you through the Services and/or the Affiliated Services when legally required or when Edvak believes preservation or disclosure is reasonably necessary to: (1) comply with legal processes; (2) enforce these Terms; (3) respond to claims of rights violations; or (4) protect the rights, property, or safety of Edvak, its employees, users, visitors, or the public.

In the event that Edvak takes legal action against you due to your violation of these Terms, you agree to pay all reasonable attorney's fees and costs associated with such action, in addition to any other relief granted to Edvak. You understand that Edvak will not be liable to you or any third party for terminating your access to the Services and/or the Affiliated Services or for removing any communication or information posted by you, or any part thereof, due to a violation of these Terms.

15. Service Provisions and Limitations

In its sole discretion, Edvak retains the right to restrict the availability and quantity of any Service, Content, feature, product, or service, whether due to local laws in a specific geographic area or other reasons. Please be aware that any offers for features, products, or services on the Services and/or the Affiliated Services are invalid in areas where they are prohibited by law.

16. Modification or Termination of Services

These Terms will remain valid for as long as you access, use, or download the Services. You can end your use of the Services anytime by simply discontinuing your use. If you have a registered account, you may terminate it by contacting us at help. If you terminate your account, it may remain active until the end of your current month. Edvak reserves the right, without any liability, to alter, discontinue, enhance, modify, or suspend any or all aspects of the Services and/or the Affiliated Services, whether temporarily or permanently, at any time and for any reason, without prior notice, at its sole discretion. You will be informed of these changes through updates to these Terms or by other means, such as email notifications. When these Terms are terminated, any rights granted to you under them will cease. You must immediately comply with any termination or other notice by ceasing all use of the Services. Please note that Edvak is not obligated to retain records of your account, data, or any information you may have used, disclosed, processed, retrieved, transmitted, or viewed on Edvak.

17. Governing Law

The governing law for the state of Texas shall govern, construe, and apply these Terms of Use in all respects, without consideration of any provisions concerning conflicts of law.

18. Arbitration

Any and all disputes, controversies, or claims arising from or related to these Terms of Use or your utilization of the Services and/or the Affiliated Services shall be resolved through arbitration. The arbitration process will be administered by the American Arbitration Association ("AAA") following the AAA's Commercial Arbitration Rules and any other applicable rules and procedures ("Rules"). The arbitration will be conducted by a panel of three arbitrators selected in accordance with the Rules, including disputes concerning arbitrability.

The following additional terms apply:

  • The arbitration proceedings, including all hearings, will take place in Houston, Texas.
  • The arbitral award will encompass arbitration costs and expenses, addressing their allocation between the parties.
  • The arbitrators' decision will be conclusive and binding on all parties.
  • The parties consent to the jurisdiction of the federal courts of Texas for the purpose of confirming any awards resulting from arbitration proceedings conducted in accordance with this provision, and may seek enforcement of the award through such courts.

By using the Services and/or the Affiliated Services, you expressly waive your right to litigate any disputes, claims, or controversies in court, committing to resolve them through arbitration as outlined above.

19. Waiver of Class and Joint Claims

Arbitration (or, if the law does not permit arbitration, litigation) must exclusively represent an individual, and it should not be combined or associated with the claims of any other individuals or initiated as a putative class action unless both you and Edvak have agreed to such in writing beforehand.

20. Force Majeure

We will not be considered in violation of these Terms, nor held accountable for any violations of these Terms or our Privacy Policy, if such violations result from events or circumstances beyond our control, including, but not limited to, acts of God, terrorism, war, invasion, public network failures, power shortages, Internet interruptions, labor disputes, earthquakes, floods, civil unrest, strikes, fires, pandemics, epidemics, or other disasters (including, but not limited to, natural, technological, or social).

21. Miscellaneous

21.1. Severability

In the event that any provision of these Terms is deemed void or unenforceable by a court, arbitral tribunal, administrative officer, or any other competent entity, such provision(s) shall be restricted or eliminated to the minimum extent necessary. It will be replaced with a valid provision that best serves the intent of these Terms, while all remaining provisions shall remain fully effective.

21.2. Entire Agreement

These Terms, along with the Privacy Policy, constitute the complete agreement governing your access and use of the Services and/or the Affiliated Services in your relationship with Edvak. Any counter-offers to these Terms of Use will not be accepted by Edvak, and all such counter-offers are hereby rejected.

21.3. Assignment

Edvak retains the discretion to assign its rights, either in part or in whole, in the Services and/or the Affiliated Services.

21.4. No Agency

Nothing within these Terms establishes any agency, partnership, or other form of joint venture between you and Edvak.

21.5. No Waiver

The failure or delay of Edvak to insist upon or enforce strict compliance with these Terms of Use shall not be interpreted as a waiver of any provision or right that Edvak possesses to enforce these Terms of Use.

21.6. Time Period for Filing Claims

Both you and Edvak acknowledge and agree that there is an intention to limit the timeframe within which a claim may be filed, even if it is shorter than the statute of limitations. Consequently, you consent that any cause of action arising from or related to Edvak must be initiated within one (1) year from when the cause of action arises. Otherwise, such cause of action becomes permanently barred.

21.7. No Third Party Beneficiary

These Terms of Use do not grant any rights or remedies to third parties.

22. SMS Terms and Conditions

"Text Message (SMS) Terms and Conditions for Electronic Health Records (EHR)"

These Text Message (SMS) Terms and Conditions ("Terms") apply to the use of text messaging services related to Electronic Health Records (EHR) provided by Edvak and its EHR system, in conjunction with Edvak EHR ("EHR Service"). By opting to receive text messages from Healthcare Provider and using the EHR Service, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the text messaging services provided in connection with the EHR Service.

  • Consent to Receive Text Messages By providing your mobile phone number and opting in to receive text messages from Healthcare Provider in connection with the EHR Service, you consent to receiving automated and non-automated text messages from Healthcare Provider for purposes related to your healthcare, appointment reminders, notifications, and other healthcare-related communications.
  • Message Frequency You acknowledge and agree that message frequency may vary, and you may receive multiple text messages in a day or week, depending on your interactions with the EHR Service and Healthcare Provider.
  • Message and Data Rates Standard message and data rates may apply for text messages sent or received from Healthcare Provider. You are solely responsible for any charges incurred from your mobile carrier for receiving these messages.
  • Opting Out You may opt-out of receiving text messages from Healthcare Provider at any time. To opt-out, text "STOP" to [+1 (832) 917-0909]. After opting out, you will no longer receive text messages from Healthcare Provider, unless you choose to opt back in.
  • Help or Support For support or assistance related to text messaging services for the EHR Service, text "HELP" to [+1 (832) 917-0909], or contact Healthcare Provider's support.
  • Privacy Your privacy is important. Healthcare Provider will handle your personal health information and data in accordance with applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA). For more information about the privacy practices related to the EHR Service and text messaging, please refer to Healthcare Provider's Privacy Policy.
  • Changes to Terms Healthcare Provider reserves the right to change or modify these Terms at any time. Any updates or changes will be posted on Healthcare Provider's website, and it is your responsibility to review these Terms periodically for updates.
  • Contact Information For questions or concerns regarding these Text Message (SMS) Terms and Conditions, please contact Healthcare Provider at [email protected]

Carrier disclaimer - Carriers are not liable for delayed or undelivered messages

By opting in to receive text messages in connection with the EHR Service, you acknowledge that you have read, understood, and agreed to these Terms.