DRAFT — These terms are a template and should be reviewed by legal counsel before publication.
1. Acceptance of Terms
By accessing or using MyMed Access (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and MyMed Access, operated by Belle Medical Group ("we," "our," or "us").
We reserve the right to modify these Terms at any time. We will notify you of material changes at least 30 days in advance via email or push notification. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.
2. Description of Service
MyMed Access is a HIPAA-compliant electronic health records (EHR) platform that enables patients to securely store, access, and share their medical records with authorized healthcare providers. The Service includes:
- Secure storage and management of personal health records
- Document upload with automated OCR (Optical Character Recognition) processing
- Encrypted QR code-based record sharing with healthcare providers
- Push notifications for document and account activity
- Provider access portal for authorized medical staff
3. User Accounts
To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Account Security: Maintaining the confidentiality of your login credentials, including any multi-factor authentication methods you enroll.
- Accurate Information: Ensuring that all personal and health information you provide is accurate and up to date.
- Authorized Use: You may not share your account credentials with any third party. You are responsible for all activity that occurs under your account.
- Prompt Notification: Immediately notifying us of any unauthorized use of your account or any other security breach.
4. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Upload false, misleading, or fraudulent health information
- Attempt to gain unauthorized access to other users' accounts, data, or any part of the Service infrastructure
- Reverse engineer, decompile, or disassemble any aspect of the Service
- Interfere with or disrupt the Service, servers, or networks connected to the Service
- Use automated means (bots, scrapers, crawlers) to access the Service without our written permission
5. Health Information
The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
MyMed Access is a tool for organizing and sharing your existing health records. We do not provide medical advice, interpret test results, or make treatment recommendations. The OCR processing of uploaded documents is automated and may contain errors; always verify extracted information against your original documents.
6. Intellectual Property
The Service, including its design, features, code, and content (excluding your personal data), is owned by MyMed Access and protected by copyright, trademark, and other intellectual property laws.
You retain full ownership of all personal and health information you upload to the Service. By using the Service, you grant us a limited, non-exclusive license to store, process, and transmit your data solely for the purpose of providing the Service to you.
7. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or secure at all times. While we implement industry-leading security measures, no method of electronic storage or transmission is 100% secure.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYMED ACCESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.
9. Termination
You may terminate your account at any time by contacting support or using the account deletion feature in the app. Upon termination:
- Your access to the Service will be revoked immediately.
- We will retain your health records for the minimum period required by HIPAA (six years) and then securely destroy them.
- Any active QR code sharing sessions will be immediately invalidated.
We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or if required by law. We will provide notice of termination unless prohibited by law or if immediate termination is necessary to protect the safety of users.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida.
11. Contact Us
If you have questions about these Terms of Service, please contact us:
MyMed Access Legal
Email: support@mymedaccess.com
Phone: (561) 555-0100
Belle Medical Group, Boca Raton, FL