1. Acceptance of these terms
These Terms of Service ("Terms") govern your access to and use of the PracticeLien software service ("Service") provided by Seven Seas LLC ("PracticeLien", "we", "us"). By signing up, signing in, or otherwise using the Service, you agree to these Terms. If you are accepting on behalf of a medical practice or other entity, you represent that you have authority to bind that entity.
2. The Service
PracticeLien is a multi-tenant SaaS that helps personal-injury and motor-vehicle-accident medical practices manage cases, liens, attorney communications, and settlement packets. The Service connects to a customer's electronic health record system through that system's published API.
We may add, change, or remove features at our discretion. We will not materially reduce functionality during a customer's paid term without notice.
3. Accounts and access
- You are responsible for safeguarding account credentials and for all activity under your account.
- You must enable multi-factor authentication on every account that can access PHI.
- You must promptly notify us of any unauthorized access or use of your account.
4. Subscription, fees, and cancellation
- Fees are billed in advance at the rate stated in your order form or as listed on practicelien.com at the time of purchase.
- Subscriptions auto-renew at the end of each term unless cancelled before renewal.
- Fees are non-refundable except where required by law or expressly stated in an order form.
- Non-payment past 30 days may result in suspension of the Service.
5. Customer data and HIPAA
The customer (the medical practice) is the HIPAA covered entity for all patient data processed through the Service. PracticeLien acts as a business associate and processes PHI only as permitted by the executed Business Associate Agreement (BAA).
- The BAA controls in any conflict between these Terms and the BAA with respect to PHI.
- The customer retains ownership of its data. We claim no license to customer data beyond what is necessary to provide the Service.
- On termination, customer data is exported on request and then deleted in accordance with the BAA and our data-retention schedule.
6. Acceptable use
You may not, and may not allow anyone to:
- Reverse engineer, decompile, or attempt to derive the source code of the Service, except where this restriction is prohibited by law.
- Use the Service to violate any law, including HIPAA, state medical-privacy laws, and consumer-protection laws.
- Use the Service to send unsolicited commercial messages, malware, or content that infringes third-party rights.
- Scrape, rate-limit-evade, or otherwise abuse the Service or the connected EHR's API.
- Use the Service to build a competing product.
7. Third-party services
The Service integrates with third-party services chosen by the customer (such as DrChrono, Athena, AdvancedMD, Stripe, e-signature providers). The customer is responsible for its agreements with those providers. PracticeLien is not responsible for the availability or behavior of third-party services.
8. Confidentiality
Each party will protect the other's confidential information using at least the same care it uses for its own confidential information of like importance, and not less than a reasonable standard of care. PHI is handled under the BAA, not this section.
9. Warranties and disclaimers
We will provide the Service in a professional and workmanlike manner. Except for the express commitments in these Terms, the BAA, and any order form, the Service is provided "as is" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost revenue, or lost data. Each party's total liability arising out of or relating to these Terms will not exceed the fees paid by the customer to PracticeLien in the twelve (12) months immediately preceding the event that gave rise to the claim. This limitation does not apply to (a) breach of confidentiality obligations, (b) a party's indemnification obligations, or (c) breaches of the BAA.
11. Indemnification
Each party will defend the other against third-party claims arising from its breach of these Terms, and will indemnify the other for damages and reasonable attorneys' fees finally awarded against the indemnified party by a court of competent jurisdiction or agreed to in settlement.
12. Term and termination
- Either party may terminate for material breach if the breach is not cured within 30 days of written notice.
- We may suspend the Service immediately if continued operation poses a security or legal risk.
- Sections that by their nature should survive termination - confidentiality, payment obligations accrued before termination, disclaimers, and limitations of liability - survive termination.
13. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Each party submits to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of these Terms.
14. Changes to these terms
We may update these Terms from time to time. Material changes will be communicated to active customers at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
15. Contact
Seven Seas LLC · info@sevenseasstrategies.com