Konvergent Terms of Service

By using the Konvergent.io website ("Service"), or any services of Konvergent Health Technologies, Inc. ("Konvergent"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. This agreement applies to ALL types of users of the Konvergent website

Konvergent may revise these TOS at any time by posting an updated version to this web page. You should visit this page periodically to review the most current TOS, because you are bound by them. Your continued use of the Service after a change to the TOS constitutes your binding acceptance of TOS. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. While Konvergent prohibits such conduct and Content on the Service, you understand and agree that Konvergent cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.



A. ACCOUNT TERMS

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person - a single login shared by multiple people is not permitted. If this term is violated, you may be subject to immediate termination. Konvergent is not responsible for any operating losses that are incurred at that time.
  5. You are responsible for maintaining the security of your account and password. Konvergent cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have sub-accounts under your primary Owner account).
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). Konvergent will comply with authorities if there is a violation of law.


B. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

All paid plans must enter a valid payment account.

For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Konvergent does not accept any liability for such loss.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Konvergent Site (konvergent.io) or the Service itself.

Konvergent shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Konvergent Referral System External Providers who are invited to System databases by paying users are not required to pay to complete database profiles within the scope of those specific invitations.

Discounts in the form of coupon codes are subject to the following terms:

  1. Coupons are valid for a limited time only. Konvergent reserves the right to modify or cancel coupons at any time.
  2. If you do not register when the coupon is in effect, the discount will not apply.
  3. The coupon applies only to recurring monthly charges. Coupons do not apply to account upgrades and/or modifications (e.g. increasing staff provider slots).
  4. The promotion is limited to one coupon per customer.
  5. Coupons may not be used in conjunction together. Only one coupon can be applied to an account's monthly charge.
  6. Void where prohibited.
  7. Konvergent has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
  8. Coupons are void if restricted or prohibited by law.




C. CANCELLATION AND TERMINATION

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the User Settings link in the navigation bar at the top of the screen and clicking Delete User Account. The Account screen provides a simple no questions asked cancellation link.

All of your Data may be immediately deleted from the Service upon cancellation. This information may not be recovered once your account is cancelled. Program Content (ex. referral databases) will be forfeited and relinquished, but will not be republished, and are subject to management by Konvergent Inc. For clarification, Client Data does not fall under Hosted Program Content.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Konvergent, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Konvergent service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Konvergent reserves the right to refuse service to anyone for any reason at any time.

In the event that Konvergent takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.



D. MODIFICATIONS TO THE SERVICE AND PRICES

Konvergent reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Konvergent Site (konvergent.io) or the Service itself.

Konvergent shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.



E. CONTENT

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Konvergent.
 You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Konvergent and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

As between you and Konvergent, you own Your Content. We own the Konvergent Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Konvergent Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Konvergent Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Konvergent Content are retained by us.

Konvergent and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

User Content (including any that may have been created by users employed or contracted by Konvergent) does not necessarily reflect the opinion of Konvergent. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.



F. GENERAL CONDITIONS

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

Support for Konvergent services is only available in English, via email.

You understand that Konvergent is not a HIPAA-compliant tool. For this reason, you are not allowed to transmit anything considered Protected Health Information (PHI) as defined by federal guidelines. If you choose to, or accidentally, transmit PHI using the Konvergent system, we are not liable for this misuse of the system. You are responsible for all consequences and Konvergent will comply with legal investigation at your expense. Transmission of PHI through the use of the Konvergent system will result in immediate termination with no responsibility for losses incurred.

Konvergent Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

You understand that Konvergent uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You acknowledge and agree that (i) the Internet is not operated by Konvergent; (ii) Konvergent is not responsible and has no control over the information or materials accessible via the Internet through use of the outside service providers (“Hosts”; and (iii) Konvergent does not own or control any of the various facilities, equipment or communications lines through which Internet access may be provided. You acknowledge and agrees that use of the Hosted and the Internet is your responsibility and that your use of the Host via the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. You acknowledge and agree that the reliability, availability, integrity and performance of resources accessed through the Internet or other services connected to the Host are beyond the control of Konvergent and are not in any way warranted or supported by Konvergent. You acknowledge and agree that even though Konvergent has taken precautions to protect the security of your Data and to prevent the creation or entry of viruses in the Host, the Internet may not be a secure network, that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet, that the Host may not be error or virus free and that Konvergent is not responsible for invalid destinations, transmission errors, or corruption or security of your Data being transmitted via the Internet or of any of your hardware, software or other information technology infrastructure or components unless such error, virus, invalid destinations, transmission errors or corruption or security are caused by the gross negligence or willful misconduct of Konvergent.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Konvergent, or any other Konvergent service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Konvergent.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Konvergent customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Konvergent) of other Konvergent customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Konvergent does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Konvergent 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 Konvergent has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.

The failure of Konvergent to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Konvergent and govern your use of the Service, superseding any prior agreements between you and Konvergent (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.

Questions about the Terms of Service should be sent to admin@konvergent.io.