These Terms of Service ("Terms") govern your access to and use of the PREFcards website and software platform provided by PREFcards, Inc. ("PREFcards"). By accessing or using our website or service, you agree to these Terms.
Our service
PREFcards provides a cloud-based platform for surgical preference card management, including digitization, optimization, inventory integration, reporting, and related features. Customer-specific terms — including subscription scope, pricing, term length, and service-level commitments — are set out in the order form or master services agreement entered into between PREFcards and each customer.
Accounts and acceptable use
If you access the platform, you are responsible for maintaining the security of your credentials and for all activity that occurs under your account. You agree to use the platform lawfully and consistent with these Terms. You may not attempt to gain unauthorized access, reverse engineer the platform, interfere with its operation, or use it to send unlawful, infringing, or harmful content.
Customer data and HIPAA
Customers retain ownership of all data they upload to or generate through the platform, including protected health information (PHI). PREFcards processes PHI as a HIPAA Business Associate under a Business Associate Agreement with each customer. See our HIPAA Compliance page for more on our safeguards.
Intellectual property
The PREFcards platform, including its software, designs, content, and trademarks, is owned by PREFcards and protected by U.S. and international intellectual property laws. We grant customers a limited, non-exclusive, non-transferable right to use the platform during the subscription term in accordance with these Terms and any applicable order form. Aspects of the platform are protected by U.S. Patent No. 12,308,115 and pending continuation-in-part claims; see our Patents page for details.
Disclaimers and limitation of liability
The platform is provided "as is" and "as available" without warranties of any kind, except as expressly set out in a written agreement with a customer. To the maximum extent permitted by law, PREFcards is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption. Specific liability terms and limits are set out in the master services agreement applicable to each customer.
Termination
We may suspend or terminate access to the platform for material breach of these Terms, non-payment, or as otherwise permitted by the applicable customer agreement. Upon termination, customers may export their data in accordance with the data return procedures set out in their agreement.
Governing law
These Terms are governed by the laws of the State of Nevada, without regard to its conflict of laws principles. Disputes will be resolved as set out in the applicable customer agreement.
Changes
We may update these Terms from time to time. Material changes will be communicated as appropriate. Continued use of the platform after changes take effect constitutes acceptance of the revised Terms.
Contact
Questions about these Terms can be directed to our team via the contact page.