Terms and Conditions

Welcome to the website of Proven Software, Inc. (“Proven,” “Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our websites, including all content, functionality, and services offered through the site (collectively, the “Website”).

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website.

The term “Services” includes all the software, applications, widgets, tools, and functionality made available through the Services, including our platform, any help desk system, connectivity APIs, and related support services and third-party services. Any new features which augment or enhance the current Services, including the release of new features or products, including those that require additional fees, are also included in the term “Services.”

Scope of terms

These Terms apply to:

the Proven marketing website
customer login portals
patient portal access
all content, documentation, and services available through the Website

Use of the Proven software platform may also be governed by separate agreements, including customer agreements, Business Services Agreements (BSAs) and Business Associate Agreements (BAAs).

Eligibility

Our Site and services are not directed to children under the age of 13, and we do not knowingly collect information online from children under the age of 13. No one under the age of 13 may access, browse, or use the Site or provide any information to us online. If we learn that we have collected or received personal information from a child under the age of 13 online without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and to delete it. If you believe we have received any information from a child under the age of 13 online, please contact us using the “Contact Us” details provided at the end of this Policy.

For information about the Children’s Online Privacy Protection Act, please visit the Federal Trade Commission’s website.

Acceptable use

You agree not to:

use the Website in violation of applicable laws
attempt to gain unauthorized access to systems or accounts
interfere with the operation or security of the Website
upload malicious code or harmful software
reverse engineer or attempt to copy the Proven platform

Proven reserves the right to suspend or terminate access for violations of these Terms.

Intellectual property

All rights, including copyrights, patents, trademarks, and trade secrets in the Services, including but not limited to its software, documentation, user interface, design, text, graphics, sounds, and any other material related to the Services, are owned by Proven Software, Inc. The use of the Services does not grant the User any intellectual property rights or any other rights in or related to the Services, other than the rights to use the Services in accordance with these Terms of Service. You shall preserve intact all applicable Proven Software, Inc., copyright, patent and/or trademark notices presented in connection with the Services. The Company reserves all intellectual property rights that are not expressly granted to you under this Agreement, and you will not assert any implied rights in or to any of the Company’s intellectual property rights. The Company shall own all intellectual property rights in and to any improvements, upgrades, modifications or enhancements to the Services and Services. If you have been involved in the development process by contributing in any manner, including but not limited to, input, ideas or feedback on the same, any right that you may have due to such involvement is hereby irrevocably transferred to Proven Software, Inc.

All content on the Website, including but not limited to text, graphics, logos, product features, software and design elements, is the property of Proven Software, Inc. and is protected by intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works without prior written permission.

Healthcare disclaimer

Proven provides software tools used by healthcare organizations.

Proven does not provide medical advice. Clinical decisions remain the responsibility of licensed healthcare providers.

Third-party services

The Website may contain links to third-party websites or services. These links are to external resources and third parties that have their own privacy policies Proven is not responsible for the content, policies, or practices of those third parties.

We cannot and do not (1) guarantee the privacy or security practices of third parties or any content provided by third parties; (2) control third parties’ independent collection or use or your information; or (3) endorse any third-party information, products, services, applications, or websites.

Any information provided by you or collected from you by a third party will be governed by that party’s privacy policy and terms of use. You should review their privacy policy and terms of use carefully.

Disclaimer of warranties

Our Services and all information are provided on an “as-is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will we be liable for any loss or damage, whether direct, indirect, consequential, or otherwise, arising from your use of our Services, or reliance on any information provided by our Services.

Limitation of liability

To the maximum extent permitted by law, Proven Software, Inc. will not be liable for any indirect, incidental, or consequential damages arising from the use of the Website.

Governing law

These Terms are governed by the laws of the State of Delaware.

Changes to terms

Proven may update these Terms periodically. Updated versions will be posted on this page with a revised effective date.

Contact

Questions about these Terms may be directed to: partners@provensoftware.com