About these terms
This is a draft. It has not been reviewed by a lawyer, and it will change before it is published.
These terms are an agreement between [Company legal name], located at [address] (Dolce Health, we or us), and the clinic or business that signs up for Dolce Health EMR (you). The person who accepts these terms confirms they have authority to bind the clinic.
If you sign an order form, a business associate agreement or another written agreement with us, that document controls where it conflicts with these terms. Our privacy policy explains how we handle personal information.
Accounts and users
Your clinic's administrator creates the account and invites team members. Each person must have their own login. Shared logins break the audit log, because actions can no longer be traced to one person.
You are responsible for everything done under your account. Keep sign-in details private, give each user only the role they need, and deactivate people who leave. Tell us right away at privacy@dolcehealthemr.com if you think an account has been misused.
Users must be old enough to form a binding contract where they live, and must give accurate information.
Your clinical and legal responsibilities
Dolce Health provides software. We do not practice medicine or give medical, legal or billing advice. Your clinic and its licensed providers make every clinical decision and are responsible for the care you give. You are responsible for the items below.
- Clinical decisions, treatment plans, dosing and technique, following product labeling and your medical director's protocols
- Licensing, scope of practice, supervision and medical director oversight under your state's rules
- Getting and keeping valid informed consents, intake forms and photo releases
- Getting patients' consent before sending marketing emails or texts, and honoring opt-outs
- Using patient photos in marketing only with the patient's written consent
- Giving Good Faith Estimates and any other patient notices the law requires
- Checking any template, checklist, reference range or billing code suggestion before relying on it
- Keeping medical records for as long as the law requires, including exporting them if you leave
- Your own compliance with HIPAA, state privacy laws and other laws that apply to your clinic
AI features and AI output
Some features use AI to draft text, such as SOAP notes, billing code suggestions, patient summaries, forms, insights, and campaign or review request copy.
AI output is a draft. It can be wrong, incomplete or out of date. The provider must review, edit and sign every chart note, and your team must review any other AI draft before using or sending it. AI features do not sign notes, send messages or change records on their own.
You are responsible for what you sign, send or rely on. AI output does not replace clinical judgment.
Acceptable use
You and your users agree not to do any of the things listed below. We may suspend access if these rules are broken in a way that puts patients, other clinics or the software at risk. We will tell you why when we can.
- Break any law, or use the software to help someone else break one
- Send messages to people who have not agreed to receive them, or send spam
- Upload information you have no right to use, or content that is harmful, false or infringing
- Share logins, or give access to people outside your clinic's team
- Try to reach other clinics' data, test our security without written permission, or get around access controls
- Upload malware, or overload or disrupt the software
- Copy, resell or reverse engineer the software, or use it to build a competing product
Fees, trials and payments
If a free trial is offered, such as a 14-day trial, you can use the software during the trial at no charge. When the trial ends, you need a paid plan to keep using it. We will tell you before any charge starts.
Fees are set out in your order form or in the plan you choose. Unless your order form says otherwise, fees are billed in advance, are not refundable, and do not include taxes. If a payment is late, we may pause your account after giving you notice. We may change prices with at least [number] days' notice, starting with your next billing period.
If you use payment processing for your patients through the software, a third-party payment processor handles those transactions under its own terms. Dolce Health is not a bank or a payment processor.
Your data
Your clinic owns its data, including the patient records, chart notes, photos, forms and financial records you put into Dolce Health EMR. You give us permission to host, copy, process and display your data only as needed to provide and support the software, and as our privacy policy and any business associate agreement allow.
You can export your data while your account is active. Patient data can be exported as CSV files from the software, and you can ask us for help exporting other records.
We may use usage information, and data that has been de-identified and combined so it cannot identify a clinic or patient, to run and improve our services, as the law and our agreements allow. If you send us feedback, we may use it without owing you anything for it.
Confidentiality
Each side may share confidential information with the other, such as business plans, pricing, security details and features that are not yet public. Each side will use the other's confidential information only for this agreement and will protect it with reasonable care.
This duty does not cover information that is public, that the other side already had, or that it developed on its own. If the law requires a disclosure, the side making it will give notice when it is allowed to. Patient information is also protected by our privacy policy and any business associate agreement between us.
Security
We build safeguards into the software, including an audit log, roles and permissions, session timeout, a lock screen, an IP allowlist, and sign and lock for chart notes. Our security page describes them.
You are responsible for using these tools well. Set roles carefully, turn on the controls your clinic needs, keep your devices secure, and remove access for people who leave. Tell us right away if you suspect a security problem.
Availability and changes to the software
We work to keep Dolce Health EMR available and reliable. We do not guarantee that it will always be available or free of errors. We may need to pause it for maintenance, updates or events outside our control.
Some features depend on other companies, such as email, text message, payment and AI providers. We are not responsible for their outages, and we cannot guarantee that every email or text will be delivered.
We improve the software over time and may add, change or remove features. If we remove a major feature you rely on, we will give you reasonable notice. Features marked as beta or early access are provided as they are and may change.
Disclaimers
Except as these terms state, the software is provided as is and as available. To the extent the law allows, we disclaim all other warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Templates, checklists, reference ranges, code suggestions, AI drafts and other content in the software are general tools. They are not medical, legal or billing advice, and they do not replace your own judgment or your medical director's protocols.
Limits of liability
To the extent the law allows, neither side is liable for indirect, special, incidental or consequential damages, or for lost profits, revenue or data, even if it was told they might happen.
To the extent the law allows, each side's total liability under these terms is limited to the fees you paid us in the [number] months before the event that caused the claim.
These limits do not apply to your payment obligations, to a breach of confidentiality, or to liability that the law does not allow to be limited.
You will defend Dolce Health against claims that arise from your clinical care, your messages to patients, or your breach of these terms or the law, and you will cover the resulting costs.
Ending your account and exporting your data
You can cancel at any time. Cancellation takes effect at the end of your current billing period. We may end or suspend your account if you seriously breach these terms and do not fix the breach within [number] days of our notice, or right away if that is needed to protect patients, other clinics or the software.
After your account ends, you have [number] days to export your data. During that window you can sign in to export, or ask us for help. After the window closes, we will delete or de-identify your data, unless the law requires us to keep it. Audit log records may be kept for their retention period, which is 7 years by default.
Terms that by their nature should continue, such as fees owed, confidentiality, disclaimers and limits of liability, stay in effect after your account ends.
Governing law and disputes
These terms are governed by the laws of [State], without regard to its conflict of law rules. Any dispute will be handled in the state or federal courts in [County], [State], and both sides agree to those courts.
Before filing a claim, each side agrees to try to settle the dispute in good faith by contacting the other side in writing.
Other terms
You may not transfer this agreement without our written consent. We may transfer it as part of a merger or sale of our business. If any part of these terms cannot be enforced, the rest still applies. If either side does not enforce a term right away, it can still enforce it later.
These terms, together with any order form and business associate agreement, are the whole agreement between us about the software.
Changes to these terms
We may update these terms. We will post the new version with its date, and tell clinic administrators about significant changes by email or in the app at least [number] days before they take effect. If you keep using the software after that, the new terms apply.
Contact us
Send questions about these terms to privacy@dolcehealthemr.com, or write to [Company legal name], [address].