Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Purechart AI LLC (“Purechart,” “we,” “us,” or “our”) governing your access to and use of the Purechart website at www.purechart.com, our mobile applications, and all related services, features, and content (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms. If you are accepting these Terms on behalf of an organization (such as a dental practice, medical office, or business), you represent and warrant that you have the authority to bind that organization to these Terms.

These Terms incorporate by reference our Privacy Policy, which describes our practices regarding the collection, use, and disclosure of your information.

2. Description of Services

Purechart provides a cloud-based practice management platform designed for healthcare providers, dental practices, medical spas, and other service businesses. Our Services include, but are not limited to:

• Appointment scheduling and calendar management
• Patient record management and digital consent forms
• Employee timeclock, scheduling, and payroll reporting
• Laboratory order tracking and management
• Door access control and facility security
• Business analytics, reporting, and dashboards
• Communication tools (appointment reminders, notifications)
• Mobile applications for iOS and Android

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, subject to applicable law.

3. Account Registration & Security

3.1 Account Creation

To access certain features of the Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.2 Account Types & Access Levels

Purechart offers different account types and access levels (e.g., Administrator, Provider, Staff, Front Desk). Account administrators are responsible for managing user permissions, access controls, and ensuring that all users within their organization comply with these Terms.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or if required by law. You may terminate your account at any time by contacting us at support@purechart.com.

4. Subscription Plans & Payment

4.1 Subscription Terms

Access to the Services is provided on a subscription basis. By selecting a subscription plan, you agree to pay the applicable fees as described at the time of purchase. Subscription plans may include:

• Monthly or annual billing cycles
• Tiered plans based on the number of users, features, or locations
• Free trial periods (subject to specific trial terms)

4.2 Payment & Billing

You authorize Purechart to charge your designated payment method for all fees associated with your subscription. All fees are stated in U.S. dollars and are non-refundable unless otherwise stated in writing or required by applicable law. We may change our fees upon thirty (30) days' prior written notice.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting support@purechart.com. Cancellation takes effect at the end of the current billing period.

4.4 Taxes

All fees are exclusive of applicable taxes (including sales tax, use tax, VAT, and similar taxes). You are responsible for paying all taxes associated with your use of the Services, except for taxes based on Purechart's net income.

5. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable law, regulation, or legal obligation, including HIPAA, state healthcare laws, and data protection regulations
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Upload, transmit, or distribute any malicious software, viruses, or harmful code
• Attempt to gain unauthorized access to the Services, other user accounts, or any associated systems or networks
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services for any purpose other than their intended business or professional use
• Scrape, crawl, or use automated tools to extract data from the Services without our prior written consent
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Sublicense, resell, or redistribute access to the Services without our prior written consent
• Transmit any content that is defamatory, obscene, threatening, or otherwise objectionable

6. Your Data & Content

6.1 Ownership of Your Data

You retain all rights to the data, content, and information you upload, submit, or transmit through the Services (“Your Data”). Purechart does not claim ownership of Your Data.

6.2 License Grant

By using the Services, you grant Purechart a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Your Data solely for the purpose of providing, maintaining, and improving the Services. This license terminates when you delete Your Data or close your account, except as required for backup, legal compliance, or audit purposes.

6.3 Data Responsibility

You are solely responsible for the accuracy, quality, legality, and appropriateness of Your Data. You represent and warrant that you have all necessary rights and consents to upload and process Your Data through the Services, including obtaining any required patient consents.

6.4 Data Export & Portability

Upon request, Purechart will make Your Data available for export in a standard format. Upon termination of your account, we will retain Your Data for a reasonable period (not to exceed ninety (90) days) to allow you to retrieve it, after which it will be securely deleted.

7. Intellectual Property

7.1 Purechart Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, images, audio, video, and other materials (collectively, “Purechart Content”), are the exclusive property of Purechart or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

The Purechart name, logo (including the crescent wave design), and all related trademarks, service marks, and trade names are trademarks of Purechart AI LLC You may not use these marks without our prior written permission.

7.2 Limited License to Users

Subject to these Terms, Purechart grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your subscription.

8. Third-Party Services & Integrations

The Services may integrate with or contain links to third-party services, applications, or websites. Purechart does not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

We are not liable for any loss or damage arising from your use of or reliance on any third-party services accessed through our platform.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURECHART DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Purechart does not warrant that:

• The Services will be uninterrupted, error-free, or completely secure
• Any defects or errors will be corrected
• The Services will meet your specific requirements or expectations
• Any information obtained through the Services will be accurate or reliable

PURECHART IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE. THE SERVICES ARE ADMINISTRATIVE AND MANAGEMENT TOOLS ONLY. ALL CLINICAL DECISIONS REMAIN THE SOLE RESPONSIBILITY OF THE LICENSED HEALTHCARE PROVIDER.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PURECHART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF PURECHART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PURECHART'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO PURECHART IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless Purechart, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your Data or any content you upload to the Services
• Your infringement of any third-party rights
• Any unauthorized use of the Services under your account

12. HIPAA & Healthcare Compliance

If you are a Covered Entity or Business Associate under HIPAA, you acknowledge that your use of the Services to process Protected Health Information (PHI) is subject to the terms of a separate Business Associate Agreement (“BAA”) between you and Purechart. In the event of a conflict between these Terms and the BAA with respect to the handling of PHI, the BAA shall control.

You are solely responsible for ensuring that your use of the Services complies with all applicable healthcare laws and regulations, including HIPAA, HITECH, state privacy laws, and any applicable professional licensing requirements.

13. Confidentiality

Each party agrees to hold in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”). Neither party shall use the other party's Confidential Information except as necessary to perform its obligations under these Terms.

14. Service Level & Uptime

Purechart strives to maintain a 99.9% uptime for the Services, excluding scheduled maintenance windows. We will provide reasonable advance notice of planned maintenance that may affect service availability. Specific service level commitments may be set forth in your subscription agreement or service order.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

15.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English and take place in the State of Wyoming. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable BAA or subscription agreement, constitute the entire agreement between you and Purechart and supersede all prior agreements, understandings, or representations.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

The failure of Purechart to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Purechart may assign these Terms without restriction.

16.5 Force Majeure

Purechart shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including natural disasters, pandemics, acts of government, internet disruptions, or third-party service failures.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms on our website with a new “Last Updated” date and, where required, provide additional notice (such as email notification). Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.

18. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@purechart.com
• Support: support@purechart.com
• Address: 30 N Gould St Ste N, Sheridan, WY 82801
• Website: www.purechart.com