Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and WIO CLINIC ("WIO CLINIC," "we," "us," or "our") governing your access to and use of the WIO CLINIC software platform and services ("Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

2. Service Description

WIO CLINIC provides cloud-based healthcare practice management software that includes:

• Electronic Health Records (EHR) management
• Patient scheduling and appointment management
• Billing and payment processing
• Telehealth capabilities
• Analytics and reporting tools
• Patient portal and communication tools

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Services with notice to you.

3. Account Registration and Access

3.1 Account Creation

To use our Services, you must:

• Create an account with accurate and complete information
• Be at least 18 years old and legally authorized to enter into this agreement
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach

3.2 User Responsibilities

You are responsible for:

• All activities that occur under your account
• Ensuring all users comply with these Terms
• Maintaining appropriate licenses and credentials for healthcare services
• Compliance with all applicable laws and regulations including HIPAA

4. Subscription and Payments

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current plans and pricing are available on our pricing page.

4.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due immediately upon subscription or renewal
• You authorize us to charge your payment method on file
• All fees are non-refundable except as required by law
• We may change our pricing with 30 days' notice

4.3 Free Trial

We may offer free trial periods. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

5. Data Ownership and Usage

5.1 Your Data

You retain all rights, title, and interest in and to your data, including patient information and practice data ("Customer Data"). We do not claim ownership of Customer Data.

5.2 License to Use

You grant us a limited license to access, process, and store Customer Data solely to provide the Services and as described in our Privacy Policy.

5.3 Data Security

We implement industry-standard security measures to protect Customer Data, including:

• Encryption at rest and in transit
• Regular security audits and vulnerability assessments
• Access controls and authentication
• HIPAA-compliant infrastructure and practices

5.4 Data Backup and Recovery

We perform regular backups of Customer Data. However, you are responsible for maintaining your own backup copies.

6. HIPAA Compliance and Business Associate Agreement

For U.S. healthcare providers subject to HIPAA:

• WIO CLINIC acts as a Business Associate
• We enter into a Business Associate Agreement (BAA) with covered entities
• We comply with applicable HIPAA requirements for safeguarding Protected Health Information (PHI)
• You are responsible for your own HIPAA compliance as a covered entity

For more information, see our HIPAA Compliance page.

7. Acceptable Use Policy

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble the Services
• Use the Services for any fraudulent or illegal purpose
• Interfere with or disrupt the Services or servers
• Resell or redistribute the Services without authorization
• Use automated systems (bots, scrapers) without permission

8. Intellectual Property Rights

8.1 Our IP

We retain all rights, title, and interest in and to:

• The WIO CLINIC software platform and Services
• All software, code, and technology
• Trademarks, logos, and branding materials
• Documentation and user guides

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services during your subscription term, subject to these Terms.

8.3 Feedback

Any feedback, suggestions, or ideas you provide to us may be used by us without restriction or compensation.

9. Service Level and Uptime

9.1 Availability

We strive to maintain 99.9% uptime excluding scheduled maintenance. We do not guarantee uninterrupted access to the Services.

9.2 Scheduled Maintenance

We may perform scheduled maintenance with advance notice. We will minimize disruption to your operations.

9.3 Support

We provide customer support via email, phone, and in-app chat during business hours. Response times vary by subscription plan.

10. Term and Termination

10.1 Term

These Terms remain in effect while you use the Services. Your subscription continues until cancelled by you or terminated by us.

10.2 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

10.3 Termination by Us

We may suspend or terminate your access immediately if you:

• Violate these Terms
• Fail to pay subscription fees
• Engage in fraudulent or illegal activity
• Pose a security risk to our systems or other customers

10.4 Effect of Termination

Upon termination:

• Your access to the Services will cease immediately
• You may export your Customer Data within 30 days
• We may delete your Customer Data after 90 days
• Outstanding fees remain due and payable

11. Warranties and Disclaimers

11.1 Limited Warranty

We warrant that the Services will substantially conform to our documentation. This warranty is subject to proper use of the Services.

11.2 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be error-free or uninterrupted
• Defects will be corrected
• The Services will meet your specific requirements
• Results obtained will be accurate or reliable

11.3 Medical Disclaimer

WIO CLINIC is a software tool only. It does not provide medical advice, diagnosis, or treatment. You are solely responsible for all medical and clinical decisions.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR DATA LOSS IF YOU FAIL TO MAINTAIN BACKUPS
• WE ARE NOT LIABLE FOR THIRD-PARTY ACTIONS OR SERVICES

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless WIO CLINIC from any claims, damages, losses, and expenses (including attorney fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of applicable laws or regulations
• Your Customer Data
• Claims by your patients or third parties

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of New York, USA, without regard to conflict of law principles.

14.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. Arbitration will take place in New York, NY.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to bring or participate in class actions.

15. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website
• Sending email notification to your registered email
• Displaying an in-app notification

Continued use of the Services after changes constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, along with our Privacy Policy and BAA (if applicable), constitute the entire agreement between you and WIO CLINIC.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

16.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor entity.

16.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control.

17. Contact Information

For questions about these Terms, contact us: