By using the PracticeScale web site and any PracticeScale software (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms”). Violation of any of the terms below will result in the termination of your Account.
Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, will be subject to the Terms. Continued use of the Service after any such changes will constitute your consent to such changes. You can review the most current version of the Terms at any time at https://www.practicescale.com/legal/terms.
PracticeScale Does Not Provide Medical Advice
If you think you may have a medical emergency, call your doctor or 911 immediately. PracticeScale does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by PracticeScale, PracticeScale employees, others appearing on the Site at the invitation of PracticeScale, or other visitors to the Site is solely at your own risk.
Account Terms
- You must be 13 years or older to use this Service.
- You must be a human representing yourself or an organization. Accounts registered using automated methods are not permitted and will be terminated.
- You must provide your valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
- All remarks, suggestions, ideas, graphics, or other information (“Submissions”) that You communicate through the Services will become subject to PracticeScale’s unlimited use, wherein PracticeScale will have a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use the Submissions in any manner and for any purpose.
- The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
- You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements of the Service without express written permission from the Company.
Third Party Sites
- PracticeScale may on occasion provide links and pointers to websites maintained by third parties. Unless otherwise specified, PracticeScale does not operate or control any information, products, or services on these third party websites. PracticeScale does not state and expressly disclaims that it has the consent of third parties operating such websites to provide a link or pointer to such websites. PracticeScale does not endorse and is not responsible for the accuracy or reliability of any site to which any of the Services is linked or any opinion, content, advice, statement or information made or provided in any such third party site.
Warranty Disclaimer and Limited Liability
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email.
- You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- The Company does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Service will be corrected.
- The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).
- Questions about the Terms should be sent to info@practicescale.com.
Indemnity
You agree to indemnify, defend, and hold harmless PracticeScale, its content providers, and their respective officers, directors, shareholders, employees, agents, successors, licensees, distributors, affiliates, and assigns from any and all third party claims, demands, liabilities, costs and/or expenses, including attorneys’ fees, arising out of or in connection with Your use or activities relating to the Services, Content, or Submissions, including:
- Your use or inability to use the Services
- Your cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services
- Your online conduct in connection with the Services
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the Services
- Your (or anyone acting under Your password, user name, or other identifier) violation or breach of these Terms
- Your failure to comply with applicable laws or regulations in connection with the Services
- Your negligence, willful misconduct, or violations of the intellectual property or other rights of any person or entity in connection with the Services
- any of Your dealings or transactions with other persons or third party platforms resulting from use of the Services
- Your breach of any of the agreements, representations, and warranties set forth in these Terms.
- or any other matter relating to the Services
API Terms
Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
- Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- An upgrade from the free plan to any paying plan will immediately bill you.
- The Service is billed in advance on a monthly basis and is
non-refundable. There will be no refunds or credits for partial months
of service, upgrade/downgrade refunds, or refunds for months unused
with an open account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including only United States (federal or state) taxes.
- Upgrade in plan level will be processed right away. Your credit card will be charged a prorated amount of the difference in service fee between the two plans at the next billing cycle.
- For any downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Company does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time through the cancellation form in the account section.
- All of your content will be immediately be inaccessible from the Service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to free beta programs and monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to our web site or the Service itself.
- Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Privacy and Data Protection
- We are committed to protecting privacy and personal information of our users
- By using the Services, you acknowledge and agree that PracticeScale’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
Legal Contact
- If you have any legal relevant inquiry, ie: copyright infringement allegation, please contact info@practicescale.com.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.