Terms of Service

1. Acceptance of Terms

By accessing or using OnlyHIPAA, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using or accessing this service. These terms apply to all users, including visitors, registered users, and others who access or use the service.

Your continued use of the service after any changes to these terms constitutes your acceptance of the new terms. We recommend reviewing these terms periodically.

2. Description of Service

OnlyHIPAA is a HIPAA compliance management platform designed to help covered entities and business associates meet their obligations under the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations. The platform provides tools to:

• Conduct Security Rule and Privacy Rule risk assessments
• Manage and distribute compliance policies
• Track remediation tasks and gap closure
• Maintain evidence of compliance activities
• Generate compliance documentation and reports

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time with reasonable notice.

3. Accounts and Access

To access the service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring all users in your organization comply with these terms
• Notifying us immediately at [email protected] of any unauthorized access or suspected security breach

You may not share your login credentials with any third party or allow multiple individuals to use the same account. We reserve the right to terminate accounts that we reasonably believe are being used in violation of these terms.

4. Acceptable Use

You agree to use the service only for lawful purposes and in accordance with these terms. You may not use the service to:

• Violate any applicable federal, state, or local law or regulation
• Transmit any malware, viruses, or other malicious code
• Attempt to gain unauthorized access to any part of the service or its related systems
• Interfere with or disrupt the integrity or performance of the service
• Collect or harvest data from the service using automated means without prior written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

Violation of these acceptable use provisions may result in immediate termination of your account and may subject you to civil and criminal liability.

5. PHI and Data

OnlyHIPAA processes data on your behalf as a Business Associate under HIPAA. As a covered entity or business associate using our platform, you remain responsible for your own HIPAA compliance program. Your obligations include ensuring that you have lawful authority to submit any data - including protected health information (PHI) - to the platform.

Our handling of PHI is governed by the Business Associate Agreement (BAA) executed between you and OnlyHIPAA, Inc. The BAA is incorporated into and made part of these Terms of Service. In the event of a conflict between the BAA and these terms with respect to PHI, the BAA shall control.

You are responsible for obtaining all necessary authorizations and consents for any PHI you submit to the platform and for ensuring your use of the platform is consistent with your own HIPAA obligations.

6. Subscription and Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select. By providing payment information, you authorize us to charge the applicable fees to your payment method on a recurring basis.

• Downgrading or cancelling your subscription does not entitle you to a refund of any prepaid, unused fees
• We may suspend access to the service for non-payment after providing 14 days written notice
• We reserve the right to modify pricing with 30 days advance notice
• All fees are exclusive of applicable taxes, which are your responsibility

To cancel your subscription, contact [email protected]. Cancellation takes effect at the end of the current billing period.

7. Intellectual Property

OnlyHIPAA, its platform, software, documentation, and all associated content and materials are owned by OnlyHIPAA, Inc. and are protected by copyright, trademark, and other intellectual property laws. Nothing in these terms grants you any right, title, or interest in the service or its content beyond the limited license to use the service for its intended purpose during your subscription term.

You retain full ownership of all data you submit to the platform, including your assessment responses, policies, and documentation. By submitting data, you grant us a limited, non-exclusive license to process that data solely to provide the service to you.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Important: We do not warrant that your use of the service constitutes legal compliance with HIPAA or any other law or regulation. The platform is a tool to assist with compliance management - it is not a substitute for qualified legal or compliance counsel. You should consult qualified legal counsel regarding your specific HIPAA obligations.

We do not warrant that the service will be uninterrupted, error-free, or free from security vulnerabilities, though we take commercially reasonable measures to address such issues.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONLYHIPAA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total cumulative liability to you for any claims arising under or related to these terms shall not exceed the total fees paid by you to OnlyHIPAA, Inc. in the twelve (12) months immediately preceding the event giving rise to the claim.

10. Governing Law

These Terms of Service and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of [State], United States of America, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in [State] for any disputes arising under these terms.

Any claim arising out of or relating to these terms must be brought within one (1) year after the cause of action accrues, or such claim is forever waived and barred.

11. Contact

For legal notices and questions regarding these Terms of Service, please contact:

OnlyHIPAA, Inc.
Legal Department
[email protected]

Legal notices sent by email will be deemed received when acknowledged by our legal team. For formal legal service, please contact us at the address provided upon request.