User Terms of Service

User Terms of Service Agreement


Last updated and made effective: August 5, 2019

Which agreement applies to me?

If you are are creating an account on behalf of an organization, your organization is considered the “Customer”.

Please review the Customer Terms of Service (“Customer Terms”).

If a Customer invited you to start using our Services under their account, you are considered a “User”.

Please review the User Terms of Service (“User Terms”).

If you are a third party developing technology that makes use of our Services, you are considered a “Partner”.

Please review the Partner Terms of Service (“Partner Terms”).

“You” and “your” refer to the individual authorized to use our Services by their employing organization (the Customer). “We”, “our”, and “us” refer to Notifyd, LLC.

Legally Binding

These User Terms form a legally binding contract between you and us, and describe your rights and responsibilities when making use of our workplace productivity tools and platform (“Services”). Please read them carefully as they govern your access and use of our Services.

Customer Data and Stewardship

You have been invited by an organization to make use of our Services. This organization may be your employer, a healthcare provider, or some other third party provider, and we will refer to this organization as the “Customer” from hereon. Your use of our Services are also subject to the oversight and approval of the Customer who may or may or may not specify what constitutes appropriate use in the form of policies and procedures. If you see inappropriate behavior or content, please report it to a supervisor or other appropriate representative of your organization.

You acknowledge and agree that any content (“Customer Data”) you create and submit to our Services, such as chat messages and notification responses, becomes the property of the Customer. The Customer may choose to use their Customer Data in any manner that meets the terms and conditions of the Customer Terms and is lawful.

You acknowledge and agree that it is solely the Customer's responsibility to (a) inform you of and enforce any polices and procedures that further govern your use of our Services; (b) obtain any rights, permissions, or consents from you as necessary to make use of Customer Data you create; and (c) respond and resolve any disputes with you based on Customer Data. We make no expressed or implied warranties to you relating to the Services, which are provided to you on an “as is” and “as available” basis.

These User Terms remain in effect until Customer's subscription expires or terminates, or Customer (or us) removes your access to the Services. If you wish to remove yourself as a User, please contact the Customer and request to have yourself removed from their account.

Acceptable Use

We have established a list of acceptable and unacceptable conduct for our Services. If we believe your conduct violates this policy deliberately, repeatedly, or otherwise presents a credible risk of harm to Customers, Users, Partners, or the Services, we may suspend your account.

Users should...

  1. Keep their login credentials confidential.
  2. Make reasonable efforts to prevent unauthorized access to our Services.
  3. Only submit Customer Data that the Customer owns all rights to.
  4. Only submit Customer Data for the purposes of carrying out treatment, payment, and healthcare operations.
  5. Comply with the Customer's policies and procedures.
  6. Comply with government regulations concerning the sharing of PHI as described in the HIPAA and HITECH Act.
  7. Comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, and privacy laws.
  8. Notify us if there is any suspicion of illegal or unauthorized activity on your account, or if you believe there is a security breach involving you or the Customer's account.

Users should not...

  1. Provide your credentials for the Services or access to your account to another person.
  2. Impersonate another User, person, or other entity, or otherwise attempt to deceive Users in a "spoofing" or "phishing" attempt.
  3. Submit Customer Data that infringes upon someone else's trademark, copyright, or other intellectual property.
  4. Upload files or links that contain or redirect to a virus, Trojan horse, worm, or other harmful technology.
  5. Send unsolicited communications or otherwise spam other Users.
  6. Use other Users contact information without their expressed consent, or contact Users outside of the Customer's policies and procedures.
  7. Reverse engineer our Services.
  8. Attempt to access our Services in an unauthorized manner.
  9. Attempt to circumvent any protective or monitoring mechanism of the Services.
  10. Access the Services in an attempt to build a competing offering or to copy features of the Services.
  11. Use "scrapers" in order to create accounts in bulk.
Violations of User Terms

We may choose to review User conduct to ensure compliance with the User Terms. If we believe there is a violation of this Contract that does not pose a credible risk of harm to us, the Services, the Customer, Users, or Partners, we will ask the Customer or User to take appropriate actions to remedy the violation. If we believe there is a credible risk of harm to us, the Services, the Customer, Users, or Partners, we may directly intervene and take any actions we determine are necessary and appropriate.

Privacy

We are committed to protecting your privacy. Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our websites and products.

Limitation of Liability

IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES HOWEVER CAUSED, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL YOU OR WE HAVE ANY FINANCIAL LIABILITY FOR A BREACH OF THESE USER TERMS, EXCEPT IN THE CASE THAT YOU ARE A CUSTOMER WHEREIN OUR RIGHTS AND REMEDIES ARE DEFINED UNDER THE CUSTOMER TERMS.

THE PRIOR DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DOES NOT LIMIT YOUR OR OUR RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

Survival

The sections titled “Customer Data and Stewardship,” “Violation of Terms,” and “Limitation of Liability” will survive any termination or expiration of the User Terms.

Waiver

The User's or our failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights

Governing Law

Unless otherwise specified in the Customer's Contract (see Customer Terms), any disputes arising out of or related hereto will be governed by Texas law.

Severability

In case any provision in this Contract is deemed by a court of law to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired and the provision in error shall be ineffective only to the extent of such invalidity, illegality, or unenforceability.

Modifications

In the event that we determine a material change to this Contract is necessary, we will provide you with advanced notice of the change as well as the date said change will go into effect. If you continue to use our Services after the effective date, that use will constitute your acceptance of the revised User Terms.

Email Notices

All notices under the User Terms will be submitted by email except where it is expressly stated otherwise. The User will send notices to us at support@notifyd.com.

Entire Agreement

This Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

© 2018 Notifyd, LLC. All Rights Reserved.