Terms of Service
The intake.io website "Intake", is a web-based service (the"Service"), owned and operated by Intake, LLC, a Delaware Limited Liability Company.
Intake, LLC is the sole owner of this website and its various interfaces, including the website available over the Internet and any other current or future mobile access or applications.
Terms & Conditions
The Terms of Service "ToS" Agreement defines the terms and conditions under which intake makes the service available.
This ToS is legally Binding agreement made by and between Intake and each of its Subscribers (as defined below). This ToS shall remain in effect at all times until you cease using the Service.
- "Intake", "intake.io" the "Service", "we" or "us" means Intake, LLC.
- When we say "you", "your" or "subscriber", we are referring to the person or entity that is registered with with Intake to use the Service.
- “Authorized User”, means an individual Subscriber or the partners, members, employees, temporary employees, and contractors of an organization with a subscription to the Service who meet the requirements of Section 2 below.
- When we say "Information", we mean all of the different forms of data that you provide us and that we collect from you from use of the Service, your software, and your devices.
- When we say "Contents", we mean patient data such as demographics, health history, agreements, waivers and insurance eligibility status.
1. Limited License & Use of Service
- You are granted a non-exclusive, non-transferable, limited license to access and use the Service provided by us.
- Intake does not review or pre-screen the Content uploaded or posted to the Service by Authorized Users, and Intake claims no intellectual property rights with respect to the Content.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML or any visual design elements without the express written permission from Intake.
- You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely comply that it is associated with the Service, Intake, or any other software service provided by Intake.
- You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of this ToS.
- The Service is protected by United States copyright laws.
- Intake reserves the right, at any time, if your usage exceeds your subscription plan's pre-determined number of look-ups, or significantly exceeds the average daily usage of the other Authorized Users (as determined solely by Intake), to immediately disable your subscription in an effort to investigate the root cause.
- Intake reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.
- Intake reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs, or installation of upgrades, and will endeavor to provide reasonable notice prior to any such suspension.
2. Access to the Service
- You are only permitted to access and use the Intake Service if you are at least thirteen (13) years of age and an Authorized User.
- Authorized Users are required to provide their full legal name, a valid email address, and any other information requested by the Service.
- Each Authorized User will be provided with a unique identifier to access and use the Service ("username"). The username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
- Each Subscriber shall designate an Authorized User as administrator for the Subscriber's subscription (“Administrator”). Each Subscriber may have multiple Authorized Users, and the Administrator will manage the list of active Authorized Users associated with each individual Subscriber's subscription. The administrator will deactivate an active username if the Administrator wishes to terminate access to the Service for any particular user.
- Subscribers acknowledge that they are responsible for ensuring that only Authorized Users with adequate training and knowledge of this ToS use the Service for the purposes for which they are accessing it.
- Subscribers agree that Intake will not be responsible for any unlawful access to or use of the Service by any of their Authorized Users.
- All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
3. Security of Password
- Subscribers and Authorized Users will not represent any other individual or entity.
- Subscribers and Authorized Users shall be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of Information provided to the Service. You are also responsible for any account to which you have access.
- You agree to notify us immediately of any unauthorized use of your account(s). We are not responsible for any losses due to stolen or hacked passwords.
- Subscribers will implement policies and procedures to prevent unauthorized use of usernames and are responsible for implementation of corrective action(s) upon suspicion that a username has been lost, stolen, compromised, or misused.
4. Payment, Refunds & Subscription Changes
- Subscribers will provide Intake with a valid credit card for payment of the monthly subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal, or other taxes.
- Subscribers with paying subscriptions will be charged monthly starting on the day when the subscription was initially created or upgraded. When starting or upgrading a subscription within the billing cycle the subscription fees will be pro-rated. Such Subscribers will thereafter be charged in advance on a monthly basis, and the charge is non-refundable.
- No refunds or credits will be issued for partial months of service, downgrade refunds, or refunds for months unused with an active subscription.
- There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of the current month will not be charged again in the following month.
- The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
- Service fees are subject to change upon notice. Such notice may be provided by an email message to the account subscriber, or in the form of an announcement on the Service website.
5. Cancellation & Termination
- Subscribers are solely responsible for canceling their subscription. Subscribers may cancel their subscription at any time by accessing the website Account Settings and closing their account. An email or phone request to cancel your account is not considered cancellation.
- Intake, in its sole discretion, has the right to suspend or terminate the Service to any Subscriber without notice for any or no reason, including non-compliance with this ToS or non-payment, and without any liability to the Subscriber.
- In the event of cancellation, Subscribers retain the property rights to their Content and reports generated by their account to the extent that Intake will provide a means by which Subscribers can export and upload their Content and reports prior to closing the account.
- In the event of suspension or termination, Subscribers retain the property rights of their Content and reports generated by their account to the extent that within 60 days we will transfer the Subscriber's Content and reports, in electronic or paper format, to the address associated with the Subscriber's NPI (National Practitioner Identifier).
- Subscribers are solely responsible for complying with all regulatory requirements for records retention.
6. Limited Warranty & Limited Liability
- The Service is provided on an "as is", "as available" basis and Intake expressly disclaims all warranties express or implied.
- Intake, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Intake or its affiliates does not warrant that:
- the Service will meet any specific requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Service will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and
- to the extent possible known errors in the Service will be corrected.
- Intake, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Intake or its affiliates, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Intake has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- The cost of procurement of a substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service;
- any unauthorized access to or alteration of Authorized User transmissions or Content;
- any price change, suspension or discontinuance of the Service;
- any loss of Content, modification to a feature or to the Service itself;
- any loss of Content subsequent to a cancellation or termination of a subscription to the Service;
- statements or conduct of any third party on the Service; or
- any other matter relating to the Service.
7. Intake Property, Copyrights and Feedback
- All rights, title, and interest in and to the Service (Excluding Content provided by users) are and will remain the exclusive property of Intake. The Service is protected by copyright and trademark laws of the United State. Nothing in the ToS gives you a right to use the Intake name or any of the Intake trademarks, logos, domain names, and other distinctive brand features.
- Any feedback, comments, or suggestions you may provide regarding Intake or the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
- You agree to defend, indemnify, and hold harmless Intake and its licensees, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party's accessor use of the Service with your username and password, or your violation of this ToS, applicable law, rule, or regulation.
9. Governing Laws
- This ToS and your use of the website shall be governed by the laws of the United States of America and the State of Delaware without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware.
- Technical support is available to authorized users with a paying subscription through either email correspondence (firstname.lastname@example.org), or our real-time customer support live chat.
- You acknowledge and agree that Intake may use third-party vendors and hosting partners whom we have in place a Business Associate Agreement ("BAA"), to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- The failure of Intake to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
If you have any questions or suggestions regarding our Terms of Service, please contact us by email: email@example.com
Effective Date:The effective date of this ToS (PPG-808-10-E2.0) is October 13, 2014.