Effective Date: January 23, 2024
Welcome to Hivemanager, the comprehensive clinic management platform for Health and Wellness businesses worldwide. These Terms and Conditions (“Terms”) govern your access to and use of our advanced web-based clinic management platform, our websites, and the wealth of valuable resources available through our websites, including Guides, videos, blogs, and more. Collectively, we refer to these offerings as the “Services.”
1. Important Notice to Patients
Please note that these Terms do not apply to patient files. For any information related to your patient file, we kindly request that you contact your healthcare provider. To gain insights into how your patient information is collected in conjunction with our clinic management platform, please refer to our Privacy Policy.
2. Acceptance of Terms
Before you subscribe to or utilize any of the Services, it is essential to carefully review these Terms. By subscribing to our clinic management platform, accessing our websites, or utilizing our resources, you acknowledge and agree to be bound by these Terms. Keep in mind that these Terms may undergo periodic updates or amendments.
3. Definitions
To ensure clarity throughout these Terms, the following definitions apply:
- “Subscriber”: Refers to any entity, such as healthcare clinics or healthcare practitioners, that subscribes to and pays for our clinic management platform.
- “You”: Denotes individual users of our Services, including practitioners, staff members at Subscriber clinics, or individuals browsing and utilizing our websites and resources.
4. Intellectual Property
4.1 Ownership of the Services
Hivemanager Inc. retains all intellectual property rights to the Services. This includes the underlying software, content posted on our website, or accessible through the Services (e.g., Guides, videos, photos, graphics, text, research, and blogs), and the trademark “HivemanagerTM.”
4.2 License to You
Hivemanager grants each Subscriber and individual user a limited, non-exclusive license to access and use the materials and content available within the Services. This access is solely for personal, non-commercial purposes, subject to the following conditions:
- Retaining all copyright, trademark, and other proprietary notices.
- Not disseminating or distributing our materials or content publicly.
- Not selling or commercializing our materials or content.
- Adhering to our Acceptable Use Policy.
4.3 Your Feedback and Contributions
We value your feedback and contributions to our Services. By providing feedback or contributions, you grant Hivemanager a non-exclusive, royalty-free, global, perpetual, and irrevocable right and license to use your feedback and contributions. However, this does not grant you authorship, inventorship, or contributor status within the Services, nor does it entitle you to compensation or ownership rights.
5. Third-Party Services
Hivemanager Inc. may offer integrations with third-party services (e.g., email services, payment processing, patient assessment tools). Your use of such third-party services is subject to their respective legal terms, not these Terms. Hivemanager is not responsible for these third-party services.
6. Acceptable Use Policy
Our commitment to providing a respectful and safe environment for all users is reflected in our Acceptable Use Policy. By using our platform, you agree to:
- Respect our team members, intellectual property, and the law.
- Refrain from unauthorized content replication, including “framing” or “mirroring” our content on any other website or server.
- Avoid posting or transmitting prohibited content, such as unlawful, harmful, defamatory, obscene, profane, discriminatory, harassing, threatening, infringing, invasive, or objectionable material.
- Not engage in information harvesting from other users.
- Obtain explicit permission before probing, scanning, or testing the vulnerability of our Services.
- Not forge headers or manipulate identifiers to disguise message origins or impersonate someone else.
Hivemanager reserves the right to suspend or terminate your access to the Services for inappropriate conduct or violation of our Acceptable Use Policy or these Terms.
7. Subscription
7.1 Subscription Process
To access our clinic management platform, you can subscribe by selecting one of our subscription plans and paying the applicable fees. Subscriptions are billed monthly in advance, based on the billing information provided during the subscription process. Please note that fees are non-refundable, except as specified under Termination.
7.2 Availability of the Services
Upon subscription and payment, Hivemanager grants access to the Services according to the selected subscription plan. While we strive to maintain service availability as per our Service Level Agreement, Hivemanager is not responsible for unavailability due to circumstances beyond our control.
7.3 Limitations
Our websites and resources provide general information about Hivemanager products and services. However, they may not always be accurate or complete and should not be considered as legal advice. Subscribers are encouraged to seek their guidance and advice for regulatory and legal compliance.
8. Subscriber Accounts
8.1 Account Owner
The person signing up for a subscription on behalf of a Subscriber becomes the “Account Owner” and administers the account. This includes authorizing additional user accounts, granting/revoing user access rights, and permissions. Each Subscriber is limited to one Account Owner. All subscription and user account inquiries should be directed to the Account Owner.
8.2 User Accounts
Both Subscribers and their users must provide accurate, current, and complete information when creating user accounts. Subscribers are responsible for user account activities and related issues. It is the responsibility of Subscribers to take appropriate steps to secure their user accounts. Hivemanager is not liable for losses or damages resulting from a Subscriber’s failure to maintain user account confidentiality.
9. Subscriber Data
9.1 Ownership and Control
Each Subscriber retains ownership and control of their patient data and all information collected while using the Services (“Subscriber Data”). Subscribers have the authority to determine:
- What Subscriber Data to collect.
- How Subscriber Data is used.
- Access permissions for Subscriber Data.
- Data retention periods.
- Basis for data deletion.
9.2 Storage and Access
Hivemanager securely stores and accesses Subscriber Data upon request, technical problem resolution, or as required by law. We hold no responsibility for incorrect, incomplete, lost, or damaged Subscriber Data, except as specified under these Terms.
9.3 HIPAA / GDPR Compliance
We offer Business Associate Agreements for HIPAA-compliant Subscribers. GDPR compliance is governed by our Data Processing Addendum, which is incorporated into these Terms.
9.4 Anonymized/Aggregated Data
Hivemanager may use anonymized and aggregated information from Subscriber Data to improve our Services, for research, data analysis, and benchmarking. However, the information shared does not identify individual users or patients.
10. Security
10.1 Our Commitment to Protecting Your Data
Safeguarding your data is our highest priority. We have implemented industry-standard security measures to ensure the confidentiality, integrity, and availability of your information.
10.2 Safeguards
We employ comprehensive safeguards to prevent unauthorized access, use, or disclosure of your data. These safeguards include stringent security policies, advanced access controls, robust encryption techniques, and state-of-the-art secure data centers.
10.3 Security Features
Our platform offers advanced security features designed to enhance data protection. These features include user access controls, screen obfuscation to protect sensitive information, and functionalities such as chart signing and locking to secure patient data.
10.4 Security Breach Response
In the unlikely event of a security breach leading to unauthorized access or disclosure of your data, our response protocol includes prompt notification to affected Subscribers, detailed reporting on corrective actions taken, and collaborative efforts to mitigate potential effects.
10.5 Your Responsibility
We stress the importance of your active participation in maintaining account security. In case of any unauthorized account use, compromised passwords, or suspected security breaches, please notify Hivemanager immediately. Your timely reporting is vital in ensuring the security of your data.
11. Data Retention Policy
11.1 During Your Subscription Term
We do not delete Subscriber Data during your subscription term unless required by regulation or law. In such cases, please contact your Account Owner for further assistance.
11.2 Data Export
Subscribers have the option to export Subscriber Data at any time, particularly before discontinuing platform use. Practitioners changing practices may coordinate data export through the Account Owner.
11.3 After Termination
Upon the termination of a subscription, the associated account deactivates. Deactivated accounts and Subscriber Data are securely retained in case of reactivation. For inquiries about Subscriber Data, Account Owners can contact us.
12. Termination
12.1 Overdue Fees
Accounts with fees overdue by more than 30 days may be suspended or terminated. We provide at least 7 days’ notice before suspending accounts. However, this right is not exercised when fees are reasonably and in good faith disputed.
12.2 Termination by Us
We reserve the right to terminate or suspend access to the Services for breaches or when discontinuing Services. We make efforts to notify users in advance, but in certain cases, immediate suspension may be necessary to prevent harm.
12.3 Refunds
Subscribers terminated due to our breach or service discontinuation are entitled to refunds for any pre-paid, unused subscription term. Subscribers terminated due to their breach are not entitled to refunds and must settle unpaid fees for the remaining term. Termination does not exempt Subscribers from prior fee obligations.
13. Legal Limits
13.1 Disclaimer
While we strive to deliver outstanding Services, we cannot guarantee specific outcomes. Hivemanager does not promise that the Services will meet individual needs, be uninterrupted, secure, error-free, or that provided information will always be accurate.
13.2 Your Understanding and Agreement
By using our Services, you understand and agree that:
- The Services are provided “as is.”
- Hivemanager makes no warranties, express or implied, including fitness for a particular purpose or merchantability.
13.3 Limitation of Liability
Our total liability is limited to the amount you have paid to Hivemanager in the three (3) months preceding the claim, or $100 if no payments were made.
13.4 No Indirect or Consequential Damages
Neither party is liable for indirect, special, or consequential damages, including lost revenue or business interruption. However, this limitation may not apply in certain jurisdictions.
14. Notices, Governing Law, and Disputes
14.1 Notices
Hivemanager communicates with Subscribers electronically via email. Account Owners can update their account information. For inquiries related to Hivemanager, please use the contact information provided below.
14.2 Governing Law
These Terms are governed by the laws of the Province of British Columbia, Canada.
14.3 Dispute Resolution
We strive to resolve disputes through consultation, negotiation, or non-binding alternative dispute resolution. In cases where disputes remain unresolved, they are subject to binding arbitration in Vancouver, B.C., administered by ICDR Canada.
15. Modification of Terms
We are committed to keeping you informed about updates or modifications to these Terms. Changes will be communicated through electronic means, and we encourage you to review these Terms periodically. Your continued use of our Services constitutes your acceptance of any changes made.
16. Termination for Inactivity
We reserve the right to terminate accounts that remain inactive for an extended period. We will notify users about such terminations through electronic communication.
17. Dispute Resolution
To provide more detailed information about the dispute resolution process, including any steps users need to take before pursuing legal action, please refer to Section 14.
18. Indemnification
Users are responsible for indemnifying Hivemanager against claims, losses, or liabilities arising from their use of the platform. Details of indemnification obligations are outlined in these Terms.
19. Governing Jurisdiction and Venue
Legal disputes will be resolved in the specific jurisdiction and venue as defined in Section 14.2.
20. Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
21. Waiver
Failure to enforce any rights or provisions in these Terms does not constitute a waiver of those rights or provisions.
22. Entire Agreement
These Terms constitute the entire agreement between users and Hivemanager, superseding any prior agreements or understandings.
23. Transactional Text Messaging and Emails
23.1 Acceptance of Transactional Communications
By using our Services, you agree to receive transactional text messages and emails from our system for appointment notifications and related purposes. These communications are an integral part of our platform’s functionality and are essential for appointment management.
23.2 Opting Out
If you wish to opt out of transactional text messaging or email notifications, please contact our support team at [Insert Support Email Address]. However, please be aware that opting out may limit your ability to efficiently manage your appointments using our platform.
24. Contact Us
If you have questions about our Services or these Terms, please do not hesitate to contact us at support@hivemanager.com or reach us at:
Hivemanager Inc. 9940 67th Ave NW Edmonton, AB T6E 0P5 Canada
Effective Date: January 23, 2024