Terms of Service

1. Acceptance of Terms

By accessing or using Eclipse EMR's services, website, or any applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Eclipse EMR provides a cloud-based electronic medical records platform specifically designed for correctional healthcare facilities. Our Services include but are not limited to: electronic health record management, inmate health tracking, medication administration, reporting and analytics, and compliance management tools.

3. Account Registration

To access our Services, you must:

• Register for an account with accurate and complete information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account
• Be at least 18 years of age or have proper authorization

You are responsible for all activities that occur under your account.

4. Subscription and Fees

Access to our Services requires a paid subscription. By subscribing, you agree to:

• Pay all applicable fees as specified in your service agreement
• Provide valid payment information and authorize recurring charges
• Accept that fees are non-refundable except as specified in your agreement
• Acknowledge that we may modify pricing with 30 days' notice

5. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any regulations
• Attempt to gain unauthorized access to any part of the Services
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Share your account credentials with unauthorized individuals
• Use the Services to store or transmit malicious code
• Violate any applicable healthcare privacy laws, including HIPAA

6. Data Ownership and Rights

You retain all rights to the data you input into our Services ("Customer Data"). You grant us a limited license to host, store, and process Customer Data solely to provide the Services. We do not claim ownership of your Customer Data and will not access, use, or disclose it except as necessary to provide the Services or as required by law.

7. Compliance Obligations

Our Services are designed to support compliance with HIPAA, CJIS, and other applicable regulations. However, you remain responsible for ensuring your use of the Services complies with all applicable laws and regulations, including proper training of your personnel and implementation of appropriate policies and procedures.

8. Intellectual Property

Eclipse EMR and its licensors retain all intellectual property rights in the Services, including all software, designs, documentation, and trademarks. These Terms do not grant you any rights to use our trademarks, logos, or brand features without prior written consent.

9. Service Level Agreement

We commit to maintaining 99.9% uptime for our Services. Scheduled maintenance windows will be communicated in advance. Service credits may be available for qualifying downtime events as specified in your service agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECLIPSE EMR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Eclipse EMR and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

Either party may terminate these Terms with 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms or if required by law. Upon termination, you will have 30 days to export your Customer Data, after which we may delete it in accordance with our data retention policies.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Delaware.

14. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated via email or through the Services. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms of Service, please contact us: