PMSLogix Terms of Service
PMSLogix Terms of Service
(For Practice Management System Use Only)
Last Updated: 1 June 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE PMSLOGIX PLATFORM.
These Terms of Service (“Terms”) govern your access to and use of the PMSLogix Practice Management System (the “Service”) provided by PMSLogix, Inc. (“PMSLogix”, “we”, “us”, or “our”). These Terms form a legally binding agreement between you (“Customer” or “you”) and PMSLogix. By executing an order form or subscription agreement that references these Terms, or by clicking “I Agree” or accessing or using the Service, you agree to be bound by these Terms. If you are entering into this agreement on behalf of an organization or other legal entity, you represent that you have the authority to bind such entity to these Terms.
If you are a user accessing the Service on behalf of a medical practice or billing company that has entered into a master subscription agreement with PMSLogix, your use is additionally governed by the PMSLogix Authorized User Terms of Use.
1. PMSLogix Software Services
1.1. Scope of the Service
The Service does not include clinical documentation, electronic health records (EHR), electronic prescriptions, or clinical decision support tools. PMSLogix is not intended to meet Meaningful Use or other clinical compliance standards.
1.2. Order Forms and Policies
Customer must execute one or more order forms or subscription agreements (“Orders”) detailing the purchased modules, usage terms, payment schedule, and subscription period. These Orders, together with these Terms and the following policies (which are incorporated by reference), form the complete “Customer Agreement”:
If there is any inconsistency between these Terms and an Order, the Order will control.
2. Responsibilities
2.1. PMSLogix Support Commitments
PMSLogix will:
- Provide onboarding assistance, product documentation, and remote technical support as described in the Customer Care Policy.
- Maintain reasonable service availability, with an uptime goal of 99% monthly (excluding maintenance and force majeure).
- Protect Customer data using appropriate administrative, technical, and physical safeguards in accordance with our Security Policy.
2.2. Customer Use Obligations
Customer is responsible for:
- Ensuring access is limited to authorized employees and contractors who are bound by obligations of confidentiality and use the Service solely on Customer’s behalf.
- Preventing unauthorized access or use of credentials and promptly notifying PMSLogix of any suspected breach.
- Using the Service only for lawful purposes and in accordance with these Terms.
- Customer must not: Resell, lease, or sublicense the Service unless explicitly authorized via a Billing Company Addendum.
- Use the Service to transmit unsolicited marketing messages, infringing content, or personal data without consent.
- Attempt to probe, scan, reverse-engineer, or exploit the software or security infrastructure.
- Interfere with the normal operations or integrity of the Service.
- Use the Service in a manner that violates HIPAA, TCPA, CAN-SPAM, or any local, state, or federal law.
2.3. Customer Data
“Customer Information” includes all data, files, documents, configurations, and metadata entered into or uploaded to the Service by Customer or on its behalf. Customer retains ownership of such data and grants PMSLogix a non-exclusive license to store, process, transmit, and access Customer Information solely to perform its obligations under this Agreement.
Customer warrants that:
- All submitted information is accurate and legally acquired.
- It has obtained all required consents to process personal data and protected health information (PHI).
3. Payment Terms
3.1. Fees and Invoicing
Fees are specified in the applicable Order and billed in U.S. dollars. Unless otherwise stated, all fees are due upon receipt and non-refundable. PMSLogix accepts ACH and credit card payments.
3.2. Late Payments and Suspension
PMSLogix may charge 1.5% monthly interest (or the maximum permitted by law) on overdue amounts. If Customer fails to pay fees within five (5) days after written notice, PMSLogix may suspend access to the Service.
3.3. Fee Adjustments
For month-to-month Customers, pricing may be updated with 60 days’ notice. For longer-term contracts, PMSLogix may increase prices up to 4.9% annually with 30 days’ notice, or pass through costs resulting from postage, compliance, or regulatory changes.
3.4. Taxes
Unless otherwise stated, fees exclude applicable sales, use, excise, or similar taxes. Customer is responsible for such taxes (excluding taxes on PMSLogix’s net income).
4. Warranties and Disclaimers
4.1. Mutual Representations
Each party represents that:
- It has full authority to enter into this Agreement.
- This Agreement does not violate any other binding obligations.
4.2. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PMSLOGIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PMSLOGIX MAKES NO GUARANTEE REGARDING CLAIM PAYMENTS, PATIENT COLLECTIONS, OR ERROR-FREE OPERATIONS.
5. Data Privacy, Security, and Compliance
PMSLogix will maintain compliance with HIPAA for all PHI processed under this Agreement. The parties will execute a Business Associate Agreement (BAA) as required by law.
Customer is solely responsible for:
- Ensuring that patient data access via portals, SMS, or email complies with HIPAA, TCPA, and applicable privacy laws.
- Retaining medical and financial records per federal and state laws.
- Obtaining valid patient consents before uploading, transmitting, or integrating data using the Service.
If PMSLogix processes California consumer data, it will do so as a “service provider” under the California Consumer Privacy Act (CCPA).
6. Intellectual Property Rights
All software, designs, interfaces, trademarks, and related technology used in or with the Service are the exclusive property of PMSLogix or its licensors. No rights are granted except as explicitly stated.
PMSLogix may use anonymized, aggregated data for analytics, benchmarking, and product development.
7. Limitation of Liability
- IN NO EVENT SHALL PMSLOGIX BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
- PMSLOGIX’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.
- ANY CLAIM MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE EVENT GIVING RISE TO THE CLAIM.
8. Term, Termination, and Data Access
8.1. Term and Renewal
Each Order specifies the subscription term. The Agreement auto-renews for equal successive terms unless either party provides at least sixty (60) days’ written notice before the renewal date.
8.2. Termination for Cause
Either party may terminate for material breach not cured within thirty (30) days of notice. PMSLogix may suspend or terminate access immediately if Customer violates applicable laws or threatens platform security.
8.3. Data Access and Deletion
Customer may export data during the term. PMSLogix retains Customer Information for sixty (60) days post-termination and will make reasonable efforts to enable a one-time export during this window. Afterward, data will be permanently deleted unless required by law.
9. Indemnification
Customer shall defend and indemnify PMSLogix against any claim, demand, or investigation arising from:
- Use of the Service by Customer or its users.
- Customer’s violation of law or breach of this Agreement.
- Inaccurate, unlawful, or infringing Customer Information.
PMSLogix shall indemnify Customer against third-party intellectual property claims alleging that the unmodified Service infringes valid U.S. intellectual property rights.
10. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Delaware, USA. Any dispute shall be submitted first to mediation in Wilmington, Delaware. If not resolved within sixty (60) days, the parties may pursue claims in the state or federal courts located in Wilmington.
BOTH PARTIES WAIVE JURY TRIALS AND AGREE TO BRING CLAIMS IN THEIR INDIVIDUAL CAPACITY.
11. Miscellaneous
- Electronic Notices and Signature Consent: By using the Service, you consent to receive notices and legal communications electronically and agree to transact using digital records.
- Assignment: PMSLogix may assign this Agreement in connection with a merger or sale. Customer may assign with written notice in the event of a corporate acquisition.
- Force Majeure: Neither party is liable for delays caused by events beyond their control, including natural disasters, civil unrest, governmental actions, or Internet outages.
- Publicity: PMSLogix may use Customer’s name and logo in marketing materials unless Customer opts out in writing.
- Entire Agreement: These Terms, together with applicable Orders and incorporated policies, constitute the entire agreement and supersede all prior oral or written discussions.
For legal questions, please contact:
Legal Department – PMSLogix, Inc.
701 Tillery Street, Unit 12‑2705, Austin, Texas 78702, USA
Email: legal@pmslogix.com