TERMS OF SERVICE

These terms and conditions (“Terms of Service”) govern your use of the 71 EHR software application (“Service”) and any other services provided by 71 EHR (the company behind 71 EHR). Our Privacy Policy is incorporated by reference into these Terms of Service. Some services may be subject to additional conditions posted on the 71 EHR website or provided to you when you sign up for the service.

COMMUNICATIONS

You acknowledge and agree that 71 EHR may send you communications regarding your account or the Service via email. If you have requested it, we may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.

ACCOUNTS AND PASSWORDS

You must be a registered user to access the Service. You must provide accurate, up-to-date, and complete information when you register. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.

You must use all reasonable endeavors to prevent any unauthorized access to, or use of, the Service, and you must notify 71 EHR immediately in the event of any unauthorized access or use.

ACCEPTABLE USE/CONDUCT

You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licenses, authorizations, and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless 71 EHR, its directors, officers, agents, and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors, or agents of the Service or violation of these Terms of Service.

The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes and must comply with all applicable laws, rules, and regulations, including without limitation privacy laws, and must not infringe or violate third-party rights.

The particular Service you purchase may limit the number of users who may use the Service. You must not allow any additional users to use the Service.

71 EHR has the right to audit your use of the Service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, 71 EHR may require you to immediately pay an additional service fee for such use.

Any unauthorized use of the Service is a violation of these Terms of Service and may breach the laws of the Republic of Bangladesh. Such violations may subject you or your staff to civil and criminal penalties.

71 EHR will endeavor to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages. 71 EHR may perform unscheduled maintenance at any time but will only do so if deemed necessary.

FEES

A valid credit card is required for payments. A credit card is not required to start a free trial, and you will only need to supply this if you wish to continue with a paid subscription account.

Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the 71 EHR application. Your credit card details are stored at a trusted and secure payment gateway used by 71 EHR for payment processing.

When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged at the rate of the new plan until your billing date. You will have the changed plan limits applied immediately. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.

All fees stated are exclusive of taxes, levies, or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.

Downgrading or canceling your account may cause the loss of access, content, or features of the Service. 71 EHR does not accept any liability for such loss.

All monthly subscription fees must be paid monthly in advance.

All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by updates to the 71 EHR website (www.71ehr.com), notices within the Service itself, or by email correspondence.

If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.

SMS reminders (an optional feature) are charged per SMS sent. You are responsible for ensuring you have sufficient credit for SMS reminders (these are charged separately from the monthly subscription). Refunds will not be issued for unused SMS reminder credits if you cancel your account.

CANCELLATION AND TERMINATION

You are solely responsible for the cancellation of your account. You can cancel your account at any time through the settings/subscription area of the application. Email or phone requests to cancel your account are not considered a cancellation.

All of your content and data will be deleted 90 days after cancellation or termination of your account. This information will not be able to be recovered. We recommend you use the export functionality of the Service prior to cancellation to retain any information you may require.

Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 90 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.

If you cancel your account before the end of your currently paid month, the Service will end immediately, and you will not be charged again. You will not be entitled to a refund.

In its sole discretion, 71 EHR has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. 71 EHR reserves the right to refuse service to anyone for any reason at any time.

NO WARRANTIES OR REPRESENTATIONS

WITHOUT LIMITING YOUR STATUTORY RIGHTS:

You understand and agree that the Service is provided “as is” and, to the extent permitted by law, 71 EHR and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement, or bailment of your data on 71 EHR’s servers. 71 EHR and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.

71 EHR is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.

LIMITATION OF LIABILITY

WITHOUT LIMITING YOUR STATUTORY RIGHTS:

Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security, or performance of the Service remains with you.

If there is any loss or damage to your data, your sole and exclusive remedy will be for 71 EHR to use reasonable commercial endeavors to restore the lost or damaged data from the latest backup of such data maintained by 71 EHR.

In no event shall 71 EHR be liable for any indirect, special, incidental, consequential, or punitive damages, loss of use, loss of profits, revenue, interest, or business, or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity, or otherwise in connection with the Service or any other service provided by 71 EHR.

INTELLECTUAL PROPERTY AND DATA

71 EHR claims no intellectual property rights over the data or other material you provide to the Service. You acknowledge that 71 EHR owns all right, title, and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Bangladeshi and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

You consent to 71 EHR transferring your data to third-party IT providers, including our website host and back-up service provider, outside of Bangladesh.

QUESTIONS

If you have any questions about these Terms of Service, please contact us at support@71ehr.com.