Terms of Service for AtivHealth

Welcome to AtivHealth, a personal health record service provided by Accretive Systems LLC ("we," "our," or "us"). By accessing or using our website at ativhealth.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

1. Account Registration

1.1. To use our Service, you must create an account by providing accurate, complete, and current information.

1.2. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

1.3. You agree to accept responsibility for all activities that occur under your account or password.

2. Personal Health Information

2.1. Our Service allows you to store and manage personal health information. We are not a covered entity subject to the HIPAA Privacy Rule. The Privacy Rule does not apply to PHRs that are not offered by health plans or health care providers that are covered by the Privacy Rule. For example, PHRs may be offered by employers (separate from the employer's group health plan) or by PHR vendors directly to individuals. These types of PHRs are governed by the privacy policies of the entity that offers them, and in certain cases, may be governed by laws other than the Privacy Rule. However, the Privacy Rule still regulates how an individual's health information held by a HIPAA covered entity enters the PHR.

2.2. By using our Service, you grant us the right to collect, store, and process your personal health information in accordance with our Privacy Policy.

2.3. You are solely responsible for the accuracy and completeness of the health information you provide.

3. Data Security

3.1. We implement security measures, including Role-Based Access Control (RBAC) for collaborations, to protect your data from unauthorized access or disclosure.

3.2. Despite our efforts, no method of electronic storage is 100% secure. We cannot guarantee absolute security of your data.

3.3. You are responsible for maintaining the security of your account credentials and for any activities that occur under your account.

4. Use of Service

4.1. You agree to use the Service only for lawful purposes and in accordance with these Terms.

4.2. You agree not to:
a) Use the Service in any way that violates any applicable local, state, national, or international law or regulation.
b) Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.
c) Use the Service to transmit any viruses, malware, or other malicious code.
d) Interfere with or disrupt the Service or servers or networks connected to the Service.

5. Intellectual Property

5.1. The Service and its original content, features, and functionality are owned by Accretive Systems LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to normal web browsing or as expressly permitted in writing by us.

6. Termination

6.1. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

6.2. Upon termination, your right to use the Service will immediately cease.

7. Limitation of Liability

7.1. In no event shall Accretive Systems LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

8. Disclaimer

8.1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

8.2. The Service is not intended to be 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.

9. Changes to Terms

9.1. We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page.

9.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

10. Governing Law

10.1. These Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions.

11. Contact Us

If you have any questions about these Terms, please contact us at:
Accretive Systems LLC
221 Main St, Los Altos, CA 94022 #1026

By using the AtivHealth Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.