Platform Under Development - Demo Version

Terms of Service

Last Updated: January 1, 2025

Agreement to Terms

By accessing or using Median's hospital management platform, you agree to be bound by these Terms of Service. Please read them carefully before using our services.

1. Service Description

Median provides a cloud-based hospital management system (HMS) including electronic health records (EHR), practice management, billing, and related healthcare IT services ("Services"). Our Services are designed for healthcare providers, facilities, and authorized personnel only.

2. Account Registration and Access

  • You must be an authorized healthcare professional or facility representative to register
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must provide accurate and complete information during registration
  • Each user must have a unique account (no credential sharing)
  • You will notify us immediately of any unauthorized access

3. Acceptable Use Policy

You agree NOT to:

  • Violate any applicable laws or regulations
  • Access or attempt to access accounts or data you're not authorized to view
  • Interfere with or disrupt the Services or servers
  • Reverse engineer, decompile, or disassemble any part of the Services
  • Use the Services for any fraudulent or illegal purpose
  • Share your credentials with unauthorized persons

4. HIPAA Compliance

Median is a HIPAA-compliant Business Associate. We will enter into a Business Associate Agreement (BAA) with all covered entities. You agree to comply with all applicable US healthcare privacy and security regulations when using our Services.

5. Subscription and Payment Terms

  • Subscription fees are billed monthly or annually as selected
  • Prices are subject to change with 30 days' notice
  • Refunds are provided per our refund policy
  • Non-payment may result in service suspension
  • You are responsible for all taxes applicable to your subscription

6. Data Ownership and Backup

You retain all rights to your patient data and medical records. Median claims no ownership over your data. We provide automated daily backups and will make your data available for export in standard formats upon request. You are responsible for maintaining your own backup copies.

7. Service Level Agreement (SLA)

We guarantee 99.9% uptime for our Services, measured monthly. If we fail to meet this SLA, you may be eligible for service credits as follows:

  • 99.0% - 99.9% uptime: 10% service credit
  • 95.0% - 99.0% uptime: 25% service credit
  • Below 95.0% uptime: 50% service credit

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITALCARE'S LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. VITALCARE IS A TECHNOLOGY PLATFORM; CLINICAL DECISIONS REMAIN THE RESPONSIBILITY OF LICENSED HEALTHCARE PROFESSIONALS.

9. Termination

Either party may terminate with 30 days' written notice. Upon termination, you will have 60 days to export your data. We may terminate immediately for material breach of these Terms. You remain responsible for fees accrued before termination.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or use of the Services shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

11. Contact Information

Median Healthcare Solutions

Legal Department

Email: [email protected]

Address: 100 California Street, Suite 500, San Francisco, CA 94111, United States

These Terms constitute the entire agreement between you and Median. Changes to these Terms will be posted on this page.