Last modified: January 1, 2025
These Terms of Use are entered into by and between you and Neo Innovations LLC (“Neo Innovations,” “we,” “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our web-based electronic health records (EHR) platform and the use of our websites, applications, features, products, resources, or services that we provide, own, operate, or make available (the “Services”).
In these Terms of Use, “Authorized User” refers to anyone who has subscribed to and paid for use of our EHR platform, and also includes their individual sub-users. We use the word “you” and “your” to refer to any individual user of the Site or the Services.
THESE TERMS OF USE ARE A LEGAL CONTRACT BETWEEN YOU AND US AND GOVERN YOUR ACCESS TO AND USE OF THE SERVICES ON THE WEBSITE LOCATED AT neoplatform.com, neoinnovations.com, myneohealth.com (COLLECTIVELY, THE “SITE”) TO WHICH THESE TERMS OF USE ARE INTENDED TO APPLY. ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT WE PROVIDE TO YOU, INCLUDING WITHOUT LIMITATION, IN A MOBILE APPLICATION.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES.
NEO INNOVATIONS MAY MAKE CHANGES TO THE SERVICES OFFERED ON THE SITE AT ANY TIME. NEO INNOVATIONS CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS OF USE AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE AND THE SERVICES.
If you are a patient, your health care provider controls your information, including your contact information, billing information and patient records. For information about how your Patient Information is collected in connection with our EHR platform, see our Privacy Policy. For questions about your information or how it is collected and used, you should speak with your health care provider, who has chosen our EHR platform to manage the services they provide to you.
1. Your Subscription and Use of the Services
You must subscribe by signing up for one of our subscription plans and paying the applicable fee. We offer both monthly and annual subscription plans. You may choose the subscription plan that best suits your needs. Fees are charged in advance in accordance with the billing information provided by you to us, and if you have elected to subscribe, you hereby authorize us to initiate payment through your selected payment method for such amounts. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing period. No refunds or credits will be provided for partial months.
In order to access and use the Services, you must create an account and provide a username and password. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You must treat your username and password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree that all information you provide to register with for the Services or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
2. Intellectual Property
The contents, features and functionalities (including but not limited to all information, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) made available to you on the Site and through the Services are owned by Neo Innovations, its licensors or other providers of such material (collectively, the “Materials”) and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Subject to and conditioned upon your payment of the applicable fees and strict compliance with all terms and conditions set forth in these Terms of Use, Neo Innovations grants you a non- exclusive, non-transferable, non-sublicensable, limited license to use the Materials solely as necessary to use the Site and Services for your professional use. Except for the license set forth in the immediately preceding sentence, you acknowledge and agree that you have no right to download, cache, modify, edit, copy, display, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
3. Ownership and Control of User Data
Authorized Users retain ownership and control of Patient Information and all information collected, entered, created or otherwise provided in the course of accessing and using the Site and Services (“Authorized User Data”). Each Authorized User decides:
- What Authorized User Data to collect;
- How to use Authorized User Data;
- Which professionals can access Authorized User Data;
- How long to store Authorized User Data;
- The criteria for deleting Authorized User Data; and
- The criteria for transferring ownership, custody, and control of Authorized User Data.
Neo Innovations acts as a service provider to Authorized Users. We securely store Authorized User Data and provide access to Authorized Users through our EHR platform. We will only access Authorized User Data if authorized to do so, where needed to access Authorized User Data to prevent or address technical problems affecting the Site or Services, or if required to do so by applicable law. As we otherwise have no control over Authorized User Data, we are not responsible for incorrect, incomplete, lost or damaged Authorized User Data, except to the extent it is caused by our failure to meet our obligations under these Terms of Use.
We will not delete or destroy Authorized User Data for such time as the Authorized User has an active subscription, unless there is either a legal or regulatory requirement to do so, or, we receive a request for deletion / destruction from the Authorized User, and we are permitted by applicable law to delete / destroy such Authorized User Data. If you have such a requirement, please contact us at support@neoplatform.com.
Neo Innovations retains Authorized User Data for period of time determined by Neo Innovations (and as permitted by applicable law). You have the right to request access to your Authorized User Data within forty-five (45) days from termination of the Services. After this period, Neo Innovations may not be able to fulfill such requests and your Authorized User Data may be subject to deletion in accordance with our data retention policies. For the security of Authorized User Data, we cannot take instructions associated with Authorized User Data from anyone other than the Authorized User identified in our records.
The Services offer a suite of security options designed to protect your data and enhance your user experience. These options include, but are not limited to, encryption, two-factor authentication, and secure data storage. While we provide these security features, it is your responsibility to utilize them. Your use or non-use of these security options is at your own risk. Neo Innovations shall not be liable for any damages or losses resulting from your failure to use the available security options.
4. Professional Duties
As between you and Neo Innovations, you take full responsibility for the use of all information, including, without limitation, Authorized User Data, provided through the Services in providing patient care. You acknowledge that a licensed professional is responsible for independently reaching any medical or other professional judgment and for any resulting diagnosis and treatments, notwithstanding any use of the Services by such professional.
5. Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Site or any of its content, including the Services, is accessible or appropriate outside of the United States. Access to the Site or Services may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
6. Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, THE AWS PLATFORM WHERE THE SERVICE IS HOSTED, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEO INNOVATIONS NOR ANY PERSON ASSOCIATED WITH NEO INNOVATIONS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NEO INNOVATIONS NOR ANYONE ASSOCIATED WITH NEO INNOVATIONS REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR- FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEO INNOVATIONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Limitation on Liability
IN NO EVENT SHALL NEO INNOVATIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE OR SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF NEO INNOVATIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS UNDER THESE TERMS OF USE WILL BE LIMITED TO THE AMOUNT YOU PAID TO US FOR USE OF THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
8. Indemnification
You agree to defend, indemnify, and hold harmless Neo Innovations, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your access or use of the Site and Services, including, but not limited to, any use of the Services other than as expressly authorized in these Terms of Use.
9. Age of Majority
Individuals under the age of majority are not eligible to access the Site or use the Services.
10. Governing Law and Venue
All matters relating to your access to, and use of, the Services shall be governed by U.S. federal law or the laws of the State of Wisconsin. Any legal action or proceeding relating to your access to, or use of, the Services shall be instituted in a state or federal court in Brown County, Wisconsin. You and Neo Innovations agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
11. Waiver and Severability
No waiver by Neo Innovations of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Neo Innovations to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
12. Termination
You may stop using the Site and Services at any time, by ceasing to access the Site or otherwise ceasing to use the Services. You may also terminate your account by contacting us at support@neoplatform.com. In addition, we may suspend or terminate your use of the Site, Services or any portion or feature thereof in accordance with these Terms of Use.
13. Your Comments and Concerns
Feedback, comments, requests for technical support, and other communications relating to the Site, the Services or these Terms of Use should be directed to: support@neoplatform.com