Introduction
Welcome to Hivemanager Inc. (“Hivemanager,” “we,” or “us”). These Terms of Service (“Terms”) constitute a binding agreement between you and Hivemanager Inc. Please read these Terms carefully before using the Hivemanager Service.
Acceptance of Terms
By clicking the “I agree” checkbox when you sign up for the Hivemanager Service or by accessing the Hivemanager Service thereafter, you accept and agree to be bound by these Terms, our Cancellation Policy, and our Privacy Policy. If you do not accept these Terms, you must not use the Hivemanager Service.
Revisions to Terms
We may revise these Terms at any time by posting an updated version on this webpage. You are encouraged to visit this page periodically to review the most current Terms. Your continued use of the Hivemanager Service after any changes constitutes your binding acceptance of the updated Terms.
Definitions
In these Terms, the following definitions apply:
- “Hivemanager Service”: Any computer or mobile application or software under Hivemanager’s control, in connection with providing services.
- “You” or “Users”: All health service providers and their agents who use the Hivemanager Service.
- “Post” or “Posting”: The act of submitting, uploading, publishing, displaying, or similar actions on the Hivemanager Service.
- “Health-related Information”: Individually identifiable health information, including demographic information and information related to an individual’s health, healthcare provision, or payment for healthcare.
- “Health Service Provider”: An entity that provides health-related services.
Hivemanager Service
Service Description
The Hivemanager Service provides a platform to store health-related information, making it available to you and your employees.
Subscription
You can subscribe to the Hivemanager Service by selecting a subscription plan and submitting an Order. Fees are charged in accordance with your subscription plan and billing information provided. You can update billing information at any time via your account. To cancel your subscription, please refer to our Cancellation Policy.
No Medical Advice
Hivemanager does not provide medical advice. The information available through the Hivemanager Service is for informational and educational purposes only and is not intended to substitute professional judgment. You assume full responsibility for the use of information obtained from the Hivemanager Service.
Third-Party Services
The Hivemanager Service may include third-party software and services. Use of such software or services may require separate agreements with third-party vendors. Your use of these third-party services is governed by their respective terms.
No Third-Party Access
You will not permit any third party to access the Hivemanager Service using your account, except as required by law. You are responsible for the use of the Hivemanager Service by your employees and patients.
Responsibility for Misuse
You are responsible for ensuring that your employees and patients use the Hivemanager Service appropriately. We are not liable for any misuse by individuals you have granted access to.
Health-Related Information
Privacy Policy
By using the Hivemanager Service, you consent to the collection, use, and disclosure of health-related information as outlined in our Privacy Policy.
Ownership and Control
You retain ownership and control of all health-related information collected, entered, created, or exported using the Hivemanager Service. You are responsible for ensuring compliance with applicable laws and regulations.
Consent for Data Collection and Use
You warrant that you have obtained the necessary consents from individuals before posting their health-related information to the Hivemanager Service.
HIPAA Compliance
If you are subject to HIPAA, you can request that we enter into a Business Associate Agreement (BAA) with you.
Use and Disclosure
We will use health-related information only for managing, providing, and administering the Hivemanager Service and as required by law. We will disclose health-related information only if required by law or with reasonable assurances of confidentiality from the recipient.
Handling Information on Termination
Upon termination of your subscription, we will provide read-only access to health-related information and will attempt to destroy the information if feasible. If destruction is not feasible, we will continue to protect the information in accordance with these Terms.
Security
Safeguards
We will implement administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of health-related information.
Security Incident
We will report any unauthorized access to health-related information and cooperate with you in mitigating the effects of any such incident.
Our Agents
Our agents, suppliers, and vendors will agree to the same restrictions and conditions regarding health-related information as apply to us.
Account Creation and Secure Credentials
Authority
If you create an account on behalf of a health service provider, you warrant that you have the legal authority to do so.
Accurate Account Information
You must provide true, accurate, current, and complete information upon registration and keep this information up-to-date.
Protecting Your Log-In Credentials
You are responsible for maintaining the confidentiality of your log-in credentials and for all activities that occur under your account.
Notification of Breach
You must notify us immediately of any breach in the secrecy of your log-in information.
Communications
You agree to receive email communications from us for informational and customer service purposes.
Electronic Notices
We may communicate with you electronically regarding security, privacy, and administrative issues related to your use of the Hivemanager Service.
Ownership and Use of Intellectual Property
Hivemanager Content
All content on the Hivemanager Service is the intellectual property of Hivemanager or its licensors.
License to You
We grant you a non-exclusive, revocable license to use the Hivemanager Service for your internal business purposes.
Your User Content
You retain ownership of any content you post on the Hivemanager Service. By posting content, you grant us a non-exclusive, royalty-free license to use, modify, and display your content.
Comments and Ideas
By submitting any ideas to Hivemanager, you authorize us to use your submission without compensation.
Hivemanager Marks
You may not display or use Hivemanager trademarks without prior written permission.
Prohibited Uses
You agree to use the Hivemanager Service only for its intended purpose and in compliance with these Terms and applicable laws. Prohibited uses include, but are not limited to, data mining, unauthorized access, and illegal activities.
Affiliate Program
Enrollment
To enroll in the Hivemanager Affiliate Program, you must complete an online application. Hivemanager reserves the right to accept or reject applications at its sole discretion.
Commissions
Affiliates earn commissions based on sign-ups generated through their unique links and codes. The specific commission structure and payment details are outlined in the Affiliate Program terms on our website. Commissions become due when a customer signs up for Hivemanager’s services using your affiliate link and does not cancel within 30 days.
Affiliate Obligations
As an affiliate, you agree to:
- Comply with all applicable laws and regulations.
- Promote the Hivemanager Service in a responsible and ethical manner.
- Not make any false or misleading claims about the Hivemanager Service.
- Ensure that your affiliate links and codes are used only for their intended purpose.
- Maintain the security of your account and password.
- Be responsible for all content posted and activity that occurs under your account.
Prohibited Activities
Affiliates may not:
- Use their affiliate link in any paid media without prior approval.
- Bid on Hivemanager-related keywords in pay-per-click campaigns without approval.
- Use deceptive marketing practices or unauthorized methods to generate commissions.
- Engage in any activity that may be regarded as fraudulent or against industry-specific guidelines.
Termination
Hivemanager reserves the right to terminate your participation in the Affiliate Program at any time if you breach these Terms or if Hivemanager believes that your participation in the program is not in the best interests of Hivemanager. Upon termination, you will no longer be eligible to earn commissions.
Commissions and Payment
Commissions are approved and paid out as long as there are no issues with any of the customers you have referred. In case of a refund, the commission will not be payable, and if already paid, it will be adjusted from the next payout. The standard payout method is PayPal with a minimum payout threshold of $50.
Compliance with Laws
Affiliates must comply with all applicable laws, including marketing and anti-spam laws, and industry-specific guidelines.
Audit Rights
Hivemanager reserves the right to audit affiliate activities to ensure compliance with these Terms and to verify the accuracy of commissions paid.
Relationship of Parties
You are an independent contractor, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Hivemanager.
Liability
Hivemanager is not liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data arising in connection with these Terms or the Affiliate Program. Our aggregate liability will not exceed the total commissions paid or payable to you under these Terms in the six-month period prior to the event giving rise to such claim.
Cancellation and Termination
Cancellation of Subscription
Refer to our Cancellation Policy for information on canceling your subscription.
Termination by Hivemanager
We may suspend or terminate your account for breach of Terms or overdue fees.
Disclaimer of Warranties
The Hivemanager Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Hivemanager is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the Service. Our maximum liability is limited to the amount of fees you paid to us in the six months prior to your claim or $100, whichever is lower.
User Disputes
Hivemanager is not responsible for disputes between you and third parties or patients.
General Terms
Indemnification
You agree to indemnify and hold harmless Hivemanager and its affiliates from any claims arising from your use of the Hivemanager Service.
Entire Agreement
These Terms, along with the Order, Privacy Policy, and Cancellation Policy, constitute the entire agreement between you and Hivemanager.
No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
Severability
If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect.
Governing Law
These Terms are governed by the laws of Ontario, Canada.
Disputes
Any disputes will be resolved by binding arbitration in Edmonton, Alberta, under ICDR Canada’s Canadian Arbitration Rules.
Contact Information
For questions regarding the Hivemanager Services or these Terms, please contact us at legal@hivemanager.com.
Updated: June 6, 2024
