Medical Check In

Terms of Service

Usage of Check In Systems Inc. software and/or website shall constitute agreement with the following;

  • You understand that you have the right to terminate this agreement at any time.
  • These Terms of Service require agreement to a Business Associate Agreement
  • You agree to all provisions of these Terms of Service and a Business Associate Agreement

Definitions

Subscriber shall mean the party by which payment was made to Check In Systems Inc. for the purpose of software usage.

End-User shall mean any person accessing Check In Systems Inc software and/or subscriber's data.

System shall mean the services and software provided by Check In Systems Inc.

BAA shall mean Business Associate Agreement, an additional contract required for use of the system or services

HIPAA Rules shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

General

As a subscriber, you take responsibility for the access of end-users. You have the ability to assign and revoke access to the system and therefore take full responsibility and full liability of those you have given access to the software.

As an end-user of Check In Systems Inc software, you shall not use or allow use of the software or data for any known illegal purpose. Upon discovery of a known illegal purpose of software or data, you will immediately notify Check In Systems Inc. by email or direct phone call.

All data created, stored or destroyed shall remain the property of the subscriber and shall not be shared or used by any other party other than to support the subscriber and their end users unless subscriber has given specific permission.

The subscriber shall have the right to download and backup any and all data stored as long as the paid subscription is valid. The subscriber and end-user have the ability to destroy data at will, therefore the subscriber and end-user shall hold Check In Systems Inc and it’s employees, executives, and associates harmless from any and all damages caused by the subscriber's data loss regardless of how or why the data was lost.

Our service is available 24 x 7 x 365. With the exception of maintenance updates, our systems remain online 24 hours everyday of the year. Maintenance and updates are inevitable and may require minimal downtime. Updates, security patches and code maintenance are all included in the subscription. Updates are normally scheduled between 10 pm and 4 am EST and may cause minor downtime. In the event an emergency fix is needed, Check In Systems, without notice, will repair what is necessary to protect data, code and performance at no cost to the subscriber. Downtime for updates, maintenance or emergencies shall not constitute loss on behalf of the subscriber.

The system is a SAAS (software as a Service) that is subject to internet availability. It is not uncommon for our systems to be subjected to outside interference such as carrier downtime, hosting facility interruptions or other interruptions not controlled by Check In Systems. Although we do our best to avoid any downtime and we have recovery procedures for extended outages, any outage caused by an outside vendor or source shall not constitute loss on the part of the user or subscriber. Termination or non-use of the software does not entitle any party to a refund of any portion of fees paid. In exchange for usage of this software, you agree not to pursue legal remedy against Check In Systems Inc., it’s employees, executives and associates from any and all claims or damages.

This agreement may be updated at times. Check In Systems will make this agreement available online at the login page of the software. It is the responsibility of the subscriber to review the agreement regularly. Notification of change will be posted at the login page. This agreement shall immediately replace any and all agreements between the parties. Any previous agreement is hereby terminated and nullified.

System Access

The subscriber of Check In Systems software has complete control to give, restrict and remove access of users to the software and the data contained, therefore the subscriber and end-user shall hold Check In Systems Inc and it’s employees, executives, and associates harmless from any and all damages caused by the subscriber giving, restricting or removing access to the software.

Single Sign On services (SSO)

Check In Systems software allows the use of single sign on services or better known as SSO. Initial SSO connection services must be configured by both Check In Systems and the subscriber. The subscriber must designate a person responsible for the implementation and management of SSO and associated users of the software.

Privacy

The use of Check In Systems software requires the use of cookies. These cookies are used for authentication and to remember basic settings. As a user of Check In Systems software, you agree to the use of these cookies for the purpose of accessing the software and website.

Check In Systems Inc does not share, distribute or sell personal information collected via cookies, statistics or other methods. Customer information including contacts, addresses, phone numbers, or user names will not be shared, distributed or sold.

Access to subscriber's data by Check In Systems is restricted to necessary actions to support, update or perform a function requested by the subscriber or it's end-users or as necessary to comply with legal requirements.

Additional Agreements required

Medical Check In is a product that requires certain additional agreements such as a Business Associate Agreement (BAA). In addition to the contents of this agreement, the subscriber must agree to either our standard Business Associate Agreement or a custom Business Associate Agreement in a separate document. If a custom BAA has been signed by both parties, it shall be the only Business Associate Agreement.

If additional or special contracts are required by the customer, Check In Systems Inc. may require a annual fee for the review, storage and review of said contracts. Such contracts include but are not limited to Business Associate Agreement other than our standard BAA, NDA, and Master Software Agreements.

Termination

Subscriber may terminate this agreement at anytime understanding that access to the system will be terminated and all data of the subscriber will be destroyed. Check In Systems Inc. may terminate this agreement for non-payment whereby access to the system will be terminated and all data of the subscriber will be destroyed.

Regardless of reason or date for termination, the subscriber will not be entitled to refund or credit of any funds paid. If, at the time of termination, time is remaining on the subscription, the subscriber may reinstate access to the system for the remainder of the subscription.

Disclaimer and Limits

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE PAID FOR ANY GOODS, SERVICES OR INFORMATION.

updated 10/25/2024 - Added verbage to Additional Agreements section - MD5 3442f128e31f9aba9064d16918cf5ae4
updated 06/10/2024 - Added System Access, edited SSO - 4e64f90981819dcd8f2e52aae169ffcd
updated 06/10/2024 - Added Single Sign On verbage - 1ac05b53b45fbb1fd58018b9247742ae