1. Who you are contracting with
Harmony Care Connect (the “Service”) is provided by Clinova(“Clinova,” “we,” “us,” or “our”). By creating an account, subscribing to a plan, or otherwise using the Service, you (“Customer” or “you”) enter into a binding agreement with Clinova on these terms. If you are signing up on behalf of an organization, you represent that you have authority to bind that organization to these terms.
2. The Service
Harmony Care Connect is a cloud-based practice management platform for behavioral health providers, including scheduling, clinical documentation, session notes, electronic signatures, billing workflows, staff management, and related administrative features.
We grant you a limited, non-exclusive, non-transferable right to access and use the Service in accordance with your selected plan and these terms.
3. Accounts and acceptable use
You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it current.
You must not, and must not permit anyone to:
- Use the Service in violation of any applicable law or regulation, including HIPAA and other health-privacy laws;
- Engage in fraud, spam, or misrepresent your identity or authority;
- Infringe intellectual property or privacy rights of any third party;
- Introduce malware, probe or scan for vulnerabilities, scrape data at scale, or otherwise interfere with the security or integrity of the Service;
- Reverse engineer, resell, or redistribute the Service or circumvent its technical limits.
4. Customer content and clinical data
You retain all rights in the content and data you upload to the Service, including protected health information (“PHI”). You grant Clinova a limited license to host, process, and transmit that content solely to provide, maintain, and improve the Service on your behalf. Our handling of PHI is further governed by our HIPAA-related documentation and, where applicable, a Business Associate Agreement between Clinova and your clinic.
5. Intellectual property
The Service, including all software, documentation, branding, and platform content owned by Clinova, is and remains the property of Clinova and its licensors. No rights are granted to you other than those expressly set out in these terms.
6. Payments, billing, and refunds — Paddle as Merchant of Record
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Payment, billing frequency, taxes, invoicing, renewals, cancellations, and refunds are governed by the Paddle Checkout Buyer Terms and our Refund Policy. Fees for the Service are set out on our pricing page and in your checkout. Subscription plans renew automatically until canceled. One-time implementation fees are non-recurring.
7. Service level
We work hard to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service is provided “as is” and, to the fullest extent permitted by law, Clinova disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Suspension and termination
We may suspend or terminate your access to the Service if you materially breach these terms, fail to pay fees when due, pose a security or fraud risk, or repeatedly or seriously violate our policies. Where reasonable and lawful, we will give you notice and an opportunity to cure.
On termination, your right to use the Service ends. We will make your data available for export for a reasonable period, after which it may be deleted in accordance with our retention practices and applicable law.
9. Liability
To the fullest extent permitted by law, Clinova’s aggregate liability arising out of or related to these terms or the Service is limited to the fees you paid to Paddle for the Service in the twelve (12) months preceding the event giving rise to the claim. Clinova is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. Nothing in these terms limits liability that cannot be excluded by law, including for fraud or death or personal injury caused by negligence.
10. Indemnity
You agree to indemnify and hold harmless Clinova against claims arising from your content, your use of the Service in violation of these terms, or your violation of applicable law.
11. Changes to the Service and to these terms
We may update the Service and these terms from time to time. Material changes will be communicated by email or in-app notice, and your continued use of the Service after changes take effect constitutes acceptance.
12. Governing law
These terms are governed by the laws of the jurisdiction in which Clinova is established, without regard to conflict of laws principles. Disputes will be resolved in the competent courts of that jurisdiction, except where mandatory local law provides otherwise.
13. Contact
Questions about these terms can be sent to Info@thecreativestudiobyjae.com. Questions about payments, invoices, or refunds should be directed to Paddle at paddle.net.
