Terms of Use
Welcome to MetaMed Marketing LLC (“we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of MetaMetrics, our marketing analytics and Customer Relationship Management (CRM) web application (the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
Acceptance of Terms
By registering for and using the Service, you affirm that you are at least 18 years old and capable of forming a binding contract with us. These Terms constitute a legally binding agreement between you and MetaMed Marketing LLC.
Description of Service
MetaMed Marketing LLC provides a marketing analytics Customer Relationship Management (CRM) platform tailored for the medical industry. The Service allows users to track, analyze, and manage website performance and patient acquisition. Features include data analytics, reporting tools, user management, and integrations with other software applications relevant to healthcare providers.
User Accounts
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
User Responsibilities
Compliance with Laws
You agree to use the Service in compliance with all applicable local, state, national, and international laws and regulations, including but not limited to healthcare regulations such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States, the General Data Protection Regulation (GDPR) in the European Union, and any other relevant data protection laws.
Prohibited Activities
- Use the Service for any illegal or unauthorized purpose.
- Interfere with or disrupt the integrity or performance of the Service.
- Attempt to gain unauthorized access to any part of the Service or its related systems.
- Upload, post, or transmit any harmful or malicious content.
- Violate the intellectual property rights of others.
- Use the Service to store, transmit, or process Protected Health Information (PHI) without proper authorization and safeguards.
Intellectual Property
Ownership
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of MetaMed Marketing LLC or its licensors and are protected by intellectual property laws.
License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.
Fees and Payment
Pricing
Access to certain features of the Service may require payment of fees. All fees are non-refundable unless otherwise stated.
Privacy and Data Protection
Compliance with Healthcare Privacy Laws
Your use of the Service must comply with all applicable healthcare privacy laws and regulations, including HIPAA, GDPR, and other relevant legislation governing the protection of patient information and PHI.
Data Security
We implement appropriate administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of PHI and other sensitive data. These safeguards are designed to comply with HIPAA Security Rule standards and other applicable data protection regulations.
Business Associate Agreement (BAA)
If you are a covered entity under HIPAA, MetaMed Marketing LLC will enter into a Business Associate Agreement (BAA) with you. This agreement outlines our responsibilities regarding the handling of PHI and ensures compliance with HIPAA requirements.
Data Processing
We act as a data processor on behalf of our users who are data controllers. We process personal data only in accordance with your instructions and as necessary to provide the Service.
Termination
Termination by You
You may terminate your account and request deletion of all data therein at any time by following the instructions within the Service.
Termination by Us
We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms or fail to comply with applicable healthcare regulations.
Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimers and Limitation of Liability
Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
- Your use or inability to use the Service.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party.
Indemnification
You agree to defend, indemnify, and hold harmless MetaMed Marketing LLC and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses arising out of or relating to your violation of these Terms, your use of the Service, or your violation of any applicable healthcare laws and regulations.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of State of California without regard to its conflict of law principles.
Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in State of California, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
Contact Us
If you have any questions about these Terms, please contact us at https://www.metamedmarketing.com/contact.html.