Contents
1. Agreement to Terms
These Terms of Service (“Terms”) are a legal agreement between you and ReimburseRPM LLC d/b/a SimplyRPM (“SimplyRPM,” “we,” “us,” or “our”) governing your access to and use of the SimplyRPM remote patient monitoring software platform and related applications (together, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2. Who May Use the Service
You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
3. Not Medical Advice
The Service is a tool to help providers manage remote patient monitoring and related workflows. It does not provide medical advice, diagnosis, or treatment, and it is not a substitute for professional medical judgment or care. Always seek the advice of a qualified health professional with any questions about a medical condition or medications. Never disregard professional medical advice or delay seeking it because of something in the Service. If you think you may have a medical emergency, call 911 or your local emergency number immediately. The Service is not designed for emergency use and should not be relied upon for time-critical or life-sustaining decisions.
4. Accounts & Security
You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your login credentials, and for all activity under your account. Notify us promptly of any unauthorized use or security concern. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful, harmful, or fraudulent purpose;
- Access data you are not authorized to access, or attempt to circumvent security or access controls;
- Interfere with or disrupt the integrity or performance of the Service;
- Reverse engineer, decompile, or attempt to derive source code except as permitted by law;
- Upload malicious code or infringing, defamatory, or unlawful content; or
- Use the Service to violate the privacy or rights of others.
6. Intellectual Property
The Service, including its software, design, text, graphics, and trademarks (including the SimplyRPM name and logo), is owned by ReimburseRPM LLC d/b/a SimplyRPM or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. We reserve all rights not expressly granted.
7. Your Content & Data
You retain your rights in the information you submit. You grant us a license to use that information as needed to operate and improve the Service and as described in our Privacy Policy. Where we handle protected health information as a Business Associate, our use is governed by the applicable Business Associate Agreement and our HIPAA Notice.
8. Third-Party Services
The Service may interoperate with third-party products, devices, or platforms. We are not responsible for third-party services, and your use of them is subject to their terms. References to third parties do not imply endorsement.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT REMINDERS, ALERTS, OR DATA SYNCING WILL ALWAYS BE TIMELY OR DELIVERED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, REIMBURSERPM LLC D/B/A SIMPLYRPM AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify and hold harmless ReimburseRPM LLC d/b/a SimplyRPM and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Service or violation of these Terms or applicable law.
12. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or others. Provisions that by their nature should survive termination will survive.
13. Governing Law & Disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. You agree that any dispute will be resolved in the state or federal courts located in the State of Florida, and you consent to their jurisdiction, except where applicable law provides otherwise.
14. Changes to the Service or Terms
We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use after changes take effect constitutes acceptance.
15. Contact Us
Questions about these Terms? Contact ReimburseRPM LLC d/b/a SimplyRPM at [email protected] or simplyrpm.com.