Terms of Service
Effective Date: [Insert Date]
Company: ScalerMD, Inc. ("ScalerMD," "we," "our," "us")
Welcome to ScalerMD. By accessing or using our website, platform, or services (collectively, the "Services"), you agree to these Terms of Service ("Terms"). Please read them carefully. If you do not agree, you may not use our Services.
1. Eligibility
- You must be at least 18 years old and legally capable of entering into binding contracts.
- You may only use the Services in compliance with all applicable healthcare, telehealth, and privacy laws.
2. Our Services
ScalerMD provides telehealth infrastructure for healthcare businesses, including:
- Patient and provider portals
- HIPAA-compliant data systems
- Secure payment processing
- Pharmacy and fulfillment integrations
- Compliance and regulatory support
- Marketing and growth services
3. User Responsibilities
You agree to:
- Provide accurate and lawful information.
- Maintain appropriate licenses, certifications, and legal authority to deliver healthcare or related services.
- Use the Services only for lawful healthcare business purposes.
- Protect account credentials and notify us of unauthorized use.
4. Compliance & Legal
- ScalerMD is HIPAA-ready but compliance requires proper use by you and your staff.
- You are solely responsible for ensuring your practice complies with all federal, state, and local laws, including telehealth, prescription, and marketing regulations.
- ScalerMD is not responsible for regulatory actions resulting from your misuse of the platform.
5. Payments & Fees
- Setup fees, subscription fees, transaction fees, and professional services fees apply as outlined in your contract.
- Payments are due per the agreed billing cycle. Late or failed payments may result in suspension of Services.
- Transaction fees (e.g., payment processing, prescription fulfillment) are non-refundable.
6. Intellectual Property
- All software, trademarks, branding, and content provided by ScalerMD remain our property.
- You may not copy, reverse engineer, or resell our Services without written consent.
- You retain ownership of your business data; we may use anonymized, aggregated data to improve our Services.
7. Confidentiality & Data
- We maintain administrative, technical, and physical safeguards to protect data.
- You are responsible for maintaining confidentiality of patient and business data entered into the platform.
- Our Privacy Policy governs how we collect and use data.
8. Third-Party Services
Our Services may integrate with third-party providers (e.g., pharmacies, labs, payment processors). We are not liable for the performance, compliance, or availability of third-party services.
9. Limitation of Liability
- ScalerMD provides Services "as is" and disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We are not liable for indirect, incidental, or consequential damages, including lost profits or regulatory penalties.
- Our total liability will not exceed the fees paid to us in the past 12 months.
10. Termination
- Either party may terminate these Terms with 30 days' written notice.
- We may suspend or terminate Services immediately for non-payment, illegal activity, or breach of these Terms.
- Upon termination, your access to the platform will cease, but Sections 6–9 will survive.
11. Dispute Resolution
- These Terms are governed by the laws of the State of California, USA.
- Any disputes will be resolved through binding arbitration in Los Angeles County, unless otherwise required by law.
12. Changes to Terms
We may update these Terms from time to time. Changes will be posted on our website with the updated "Effective Date." Continued use of the Services after changes means you accept the revised Terms.
13. Contact Us
For questions about these Terms, please contact us:
📧 Email: compliance@scalermd.com