Terms of Service
Effective Date: January 14, 2024
Welcome to The Del Mar Code Company LLC (dba Sord) (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our SaaS platform (“Platform”) provided through our website at www.sord.co and additional subdomains of sord.co (the “Site”). By accessing or using our Platform, you agree to these Terms. If you do not agree to these Terms, do not use our Platform.
Please note: These Terms of Service are general terms that apply to users who visit or interact with our Site or Platform. In the event of any conflict between these Terms and the terms of a negotiated contract that you have entered into with The Del Mar Code Company LLC (dba Sord), the terms of the negotiated contract will take precedence.
1. Services Offered
The Del Mar Code Company LLC (dba Sord) provides a SaaS platform that facilitates secure and efficient scheduling, data management, and communication for healthcare providers. Our Platform includes features such as appointment scheduling, data analytics, secure messaging, document management, workflow automation, AI powered agents, custom integrations, and record inventory management with varying service tiers available based on user needs.
2. User Eligibility
Access to our Platform is restricted to users located within the United States to ensure compliance with HIPAA regulations. Eligible users include healthcare professionals, business associates, or employees of entities with whom we have contractual agreements. Additional eligibility criteria, such as relevant professional credentials, may apply.
3. Account Registration
To use our Platform, you must register an account by providing accurate information, including your full name, email address, and any necessary professional credentials. You are responsible for maintaining the confidentiality of your login credentials and must notify us immediately of any unauthorized use of your account. We require strong passwords and may enforce two-factor authentication to enhance security.
4. User Responsibilities
As a user of our Platform, you agree to:
- Use the Platform for lawful purposes and in compliance with all applicable laws, including HIPAA.
- Maintain the confidentiality of any information shared on the Platform.
- Comply with any specific terms outlined in your contract with us.
- Avoid engaging in prohibited activities, including unauthorized access to data, distribution of harmful software, or any actions that compromise the security or integrity of the Platform.
5. Payment Terms
Payment for services is managed through various billing cycles, including monthly, annual, or other options, depending on your selected service plan. Specific payment terms, pricing, billing schedules, and refund policies will be provided during the service selection process. You are responsible for ensuring timely payment and may incur penalties for late or missed payments.
6. Service Availability
While we strive to maintain continuous availability of our Platform, there may be instances of downtime, maintenance, or unexpected service interruptions. We will provide timely updates regarding any significant disruptions. Service availability and specific commitments may vary and are defined in individual agreements.
7. User Data and Privacy
We prioritize the privacy and security of user data. Our Platform is designed to comply with HIPAA regulations, and access is restricted to users within the United States. Our Privacy Policy details how we collect, store, and share user data. We encourage users to review our privacy practices regularly.
8. Prohibited Activities
Users are prohibited from:
- Engaging in any illegal activities or those that infringe on intellectual property rights.
- Compromising the security or integrity of our Platform, including unauthorized access to data or distribution of malicious software.
- Misusing the Platform in any way that violates these Terms or applicable laws.
9. Termination and Suspension
We reserve the right to terminate or suspend your account if you violate these Terms, engage in illegal activities, or conduct actions that pose a risk to our Platform or other users. Termination or suspension may result in the loss of access to your account and any associated data, in accordance with our data retention policies.
10. Intellectual Property
All content provided on the Platform, including software, designs, text, graphics, and trademarks, are owned by The Del Mar Code Company LLC (dba Sord) or our licensors. You are granted a limited, non-exclusive license to use the Platform in accordance with these Terms. You may not copy, modify, distribute, or reverse engineer any part of the Platform without our express written permission.
If you provide any feedback, suggestions, or ideas regarding our Platform, you agree that we may use them without any obligation to compensate you.
11. Liability and Disclaimers
Our Platform is provided "as is," and we disclaim any warranties beyond those expressly stated in these Terms. Our liability for any issues related to the use of our Platform, including service interruptions or data breaches, is limited to the fullest extent permitted by law.
You agree to indemnify and hold harmless The Del Mar Code Company LLC (dba Sord) and its affiliates from any claims, damages, or losses arising from your use of the Platform, your violation of these Terms, or your infringement on any third-party rights.
12. Force Majeure
We will not be liable for any failure to perform, or any delay in performing, our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, acts of war, internet outages, or government restrictions.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California. Any disputes arising from the use of our Platform will be resolved through arbitration or litigation in the appropriate California courts, unless otherwise agreed upon by the parties involved.
14. Modification of Terms
We may update these Terms from time to time. Any significant changes will be communicated to users through the Platform or via email. Continued use of the Platform after such changes indicates your acceptance of the updated Terms.
15. Third-Party Services
Our Platform may integrate with or rely on third-party services, which are subject to their own terms and conditions. We ensure that any third-party services used are aligned with our privacy and security standards, particularly in relation to HIPAA compliance.
16. Severability
If any part of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms, along with any other agreements (e.g., Privacy Policy), constitute the entire agreement between you and The Del Mar Code Company LLC (dba Sord) regarding your use of the Platform, except where a separate, negotiated contract with The Del Mar Code Company LLC (dba Sord) takes precedence.
18. Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
19. Electronic Communications
By using our Platform, you consent to receive electronic communications from us. We may communicate with you via email or through notices posted on the Platform. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Cookies and Tracking Technologies
We use cookies and similar tracking technologies on our Site to enhance user experience and analyze site traffic. Please review our Privacy Policy for more details on how we use these technologies.
21. Links to Other Websites
Our Platform may include links to third-party websites. We are not responsible for the content or practices of those websites. You follow these links at your own risk and should review the terms and policies of any third-party sites you visit.
22. Export Compliance
You agree to comply with U.S. export control laws and not to export or re-export the software to prohibited countries or individuals. By using our Platform, you confirm that you are not located in any country or listed on any U.S. government list of prohibited or restricted parties.
23. Contact Information
For support or legal matters, users can contact The Del Mar Code Company LLC (dba Sord) through our support email at support@sord.co or at our registered office in California. Specific contact methods and procedures are provided within the Platform.