Terms of Service

Last Updated: October 5, 2025

Document Version: 2.0.0

1. Acceptance of Terms

By accessing or using Almond Connect by Rainstorm Labs, Inc. ("Company," "we," "us," or "our") electronic medical records/electronic health records platform and related services (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Company. If you are using the Service on behalf of a healthcare practice, organization, or entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Our Service provides a HIPAA-compliant electronic medical records and electronic health records platform that includes:

  • Electronic health record management and storage
  • Patient scheduling and calendar management
  • Superbill generation and billing functionality
  • Payment processing through Stripe for credit card and ACH transactions
  • Patient appointment notifications and reminders
  • Secure patient portal access
  • Clinical documentation tools
  • Practice management features

3. HIPAA Compliance and Business Associate Agreement

3.1 Business Associate Relationship

Company serves as a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA) for healthcare providers using our Service. By using the Service, you acknowledge that:

  • You are a Covered Entity or Business Associate under HIPAA
  • Company will have access to Protected Health Information (PHI) in connection with providing the Service
  • A separate Business Associate Agreement (BAA) must be executed before using the Service with PHI

3.2 PHI Handling

Company agrees to:

  • Use and disclose PHI only as permitted by the BAA and HIPAA regulations
  • Implement appropriate administrative, physical, and technical safeguards
  • Report any unauthorized access, use, or disclosure of PHI
  • Return or destroy PHI upon termination of the agreement

3.3 User Responsibilities

You agree to:

  • Comply with all applicable HIPAA regulations
  • Obtain appropriate patient authorizations before using the Service
  • Implement required administrative, physical, and technical safeguards
  • Train your workforce on HIPAA compliance
  • Report any suspected security incidents to Company immediately

4. User Accounts and Registration

4.1 Account Creation

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying Company of any unauthorized use

4.2 User Categories

The Service supports different user types with varying access levels:

  • Healthcare Providers (full access)
  • Practice Staff (limited access based on role)
  • Patients (portal access only)
  • Billing Staff (billing-related functions)

4.3 Account Verification

Company may require identity verification and credentialing verification for healthcare provider accounts.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service only for:

  • Legitimate healthcare practice management
  • Patient care coordination
  • Required clinical documentation
  • Billing and payment processing
  • Communication with patients regarding healthcare services

5.2 Prohibited Uses

You may not:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorized access to any portion of the Service
  • Interfere with or disrupt the Service or servers
  • Upload malicious code, viruses, or harmful content
  • Use the Service to spam, harass, or abuse others
  • Violate any applicable healthcare regulations or professional standards
  • Share account credentials with unauthorized individuals
  • Use automated tools to access the Service without prior written consent

6. Payment Terms and Billing

6.1 Service Fees

Subscription fees for the Service are due in advance and are non-refundable except as required by law. Fees may be adjusted with 30 days' written notice.

6.2 Payment Processing

Payment processing is handled by Stripe, Inc. ("Stripe"). By using payment features:

  • You agree to Stripe's Terms of Service and Privacy Policy
  • Company is not responsible for Stripe's services or any payment processing failures
  • Credit card and ACH payment processing fees may apply
  • You authorize Company to charge your designated payment method

6.3 Patient Payments

For patient payment processing:

  • Patients may pay via credit card or ACH through our secure portal
  • Transaction fees may apply as disclosed at time of payment
  • Refunds are subject to your practice's refund policy
  • Company facilitates payment processing but is not party to the patient-provider financial relationship

6.4 Late Payments

Overdue accounts may result in service suspension after 30 days' notice.

7. Data Security and Privacy

7.1 Data Protection

Company implements industry-standard security measures including:

  • End-to-end encryption for data in transit and at rest
  • Regular security audits and penetration testing
  • Access controls and audit logging
  • Secure data centers with appropriate physical safeguards
  • Employee background checks and security training

7.2 Data Backup and Recovery

  • Regular automated backups are performed
  • Disaster recovery procedures are in place
  • You are responsible for maintaining your own data backups as appropriate

7.3 Data Location

Data is stored in SOC 2 Type II certified data centers within the United States.

8. Intellectual Property

8.1 Service Ownership

Company retains all rights, title, and interest in the Service, including all software, technologies, and intellectual property.

8.2 User Data

You retain ownership of all patient data, clinical information, and other content you input into the Service. You grant Company a limited license to use this data solely to provide the Service.

8.3 Feedback

Any feedback, suggestions, or improvements you provide regarding the Service may be used by Company without restriction.

9. Service Availability and Support

9.1 Uptime Commitment

Company strives to maintain 99.9% uptime but does not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

9.2 Support Services

Technical support is available during business hours via:

  • Email support
  • Phone support for urgent issues
  • Online knowledge base and documentation

9.3 Service Modifications

Company may modify, update, or discontinue features of the Service with reasonable notice. Material changes affecting core functionality will be communicated at least 30 days in advance.

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Maximum Liability

COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10.4 Healthcare Practice Responsibility

COMPANY IS NOT RESPONSIBLE FOR:

  • Medical decisions or patient care
  • Clinical accuracy of information entered by users
  • Compliance with professional licensing requirements
  • Patient safety or clinical outcomes

11. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Violation of these Terms
  • Violation of any applicable laws or regulations
  • Your negligence or misconduct
  • Patient care decisions or clinical practice

12. Termination

12.1 Termination by Either Party

Either party may terminate this agreement with 30 days' written notice.

12.2 Immediate Termination

Company may immediately terminate or suspend your access if you:

  • Breach any material term of this agreement
  • Fail to pay fees when due
  • Engage in prohibited activities
  • Pose a security risk to the Service

12.3 Effect of Termination

Upon termination:

  • Your access to the Service will cease
  • You must export your data within 30 days
  • Company will delete your data in accordance with the BAA
  • Outstanding fees remain due and payable
  • Provisions regarding confidentiality, indemnification, and limitation of liability survive

13. Data Export and Portability

13.1 Data Export Rights

You have the right to export your data at any time in standard formats including:

  • HL7 FHIR format for clinical data
  • CSV format for structured data
  • PDF format for documents and reports

13.2 Transition Assistance

Upon termination, Company will provide reasonable assistance in data migration to alternative systems for up to 60 days.

14. Compliance and Regulatory Requirements

14.1 Healthcare Regulations

You acknowledge responsibility for compliance with all applicable regulations including:

  • HIPAA Privacy and Security Rules
  • State healthcare privacy laws
  • Professional licensing requirements
  • Medicare/Medicaid regulations
  • FDA regulations (if applicable)

14.2 International Users

If you access the Service from outside the United States, you are responsible for compliance with local laws and regulations.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of California without regard to conflict of law principles.

15.2 Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

15.3 Class Action Waiver

You agree not to participate in any class action lawsuits related to the Service.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and BAA, constitute the entire agreement between the parties.

16.2 Amendment

Company may modify these Terms at any time by posting updated Terms on our website. Continued use of the Service after such posting constitutes acceptance of the modified Terms.

16.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Assignment

You may not assign your rights under these Terms without Company's prior written consent. Company may assign these Terms without restriction.

16.5 Force Majeure

Company shall not be liable for any failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, terrorism, or government actions.

17. Contact Information

For questions about these Terms, please contact:

Almond Connect
Email: hello@almondconnect.com

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.