Atlas.md Terms of Service
Last Updated: November 19, 2025
Company: Atlas CRM, LLC (“Atlas.md,” “we,” “us” or “our”)
Jurisdiction: These Terms are governed by the laws of the State of Kansas, USA.
1. Acceptance of Terms
By creating an Atlas.md account or otherwise using the Atlas.md application and services (“Services”), you agree to this Terms of Service agreement (“Terms”). If you are using Atlas.md on behalf of a clinic or other organization, you represent that you have the authority to bind that organization to these Terms, and “you” will refer to both you as an individual and that organization. If you do not agree to these Terms, you must not use the Services. You will be required to indicate acceptance (e.g. by checking a box) when signing up.
Updates to Terms: We may occasionally update these Terms. If changes are significant, we will notify you (for example, via email or an in-app alert). In some cases, we may require you to accept a new version of the Terms. Minor updates (such as clarifications or typographical corrections) may occur without direct notice. The “Last Updated” date above reflects the latest revisions. Continued use of the Services after updates means you accept the changes. If you do not agree to a change, you must stop using the Services.
2. Description of Services
Atlas.md is a web-based and mobile software platform for medical clinic management, primarily designed for Direct Primary Care (DPC) clinics. Our Services enable healthcare providers and clinic staff to manage patient charts, schedule appointments, handle invoicing and billing, order lab tests, prescribe and dispense medications, and communicate with patients via texting, voice calls, and video chats. Atlas.md also offers tools powered by artificial intelligence (AI) for assistance with tasks like diagnostic suggestions, lab result trending analysis, and transcription of notes. These Terms apply to all uses of the Services, including our website, web application, and mobile applications.
3. Accounts and Eligibility
Clinic Accounts: To use Atlas.md as a healthcare provider or clinic, you must create an account. You agree to provide accurate, current, and complete information during signup and to keep your account information updated. Each medical provider (doctor or other licensed clinician) using Atlas.md must have their own subscription account. Clinic staff (nurses, assistants, administrative personnel) may be invited under a provider’s or clinic’s account with appropriate permissions. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account. Please use a strong password and protect it – Atlas.md is not liable for any loss or compromise of data if you share or mishandle your credentials. If you suspect unauthorized use of your account, notify us immediately at support@atlas.md.
Patient Access: If you are a patient using Atlas.md (for example, accessing a patient portal or using the Atlas.md patient mobile app to communicate with your doctor or pay bills), you may not have a standalone Atlas.md account, but you might access Services via a link or invite from your healthcare provider. In using the patient features of the Services, you agree to any terms provided by your healthcare provider and to abide by these Atlas.md Terms applicable to end-users. Patients should use Atlas.md only under the guidance of their healthcare provider. If you are under 18 years old (a minor), a parent or legal guardian should supervise your use of the Services and must agree to these Terms on your behalf.
Eligibility: You may use the Services only if you are capable of forming a binding contract with Atlas.md and are not barred from doing so under any applicable laws. The Services are intended for use within the United States. We make no representations that Atlas.md is appropriate or available for use in other countries. Users are responsible for compliance with local laws if accessing the Services from outside the USA.
4. User Responsibilities and Acceptable Use
All users (including clinics, staff, and patients) must use Atlas.md in a responsible manner. By using the Services, you agree that you will not:
- Violate Laws or Regulations: You will not use Atlas.md for any unlawful purpose or in violation of any health, privacy, or other laws. Healthcare providers are responsible for using Atlas.md in compliance with medical practice standards and any applicable regulations (for example, ensuring patient communications comply with privacy laws and that prescriptions and billing are handled lawfully).
- Infringe or Misuse Data: You will only input and manage personal information (including Protected Health Information, “PHI”) for which you have the necessary rights and patient consents. Providers: You must obtain consent from patients before using features like unencrypted texting or email for communication, in accordance with HIPAA guidelines (e.g., get patient permission to send SMS or email which may not be fully secure). Patients: You will only upload or communicate information about yourself or those you legally represent.
- Security Violations: You will not attempt to compromise the security or integrity of the platform. This includes not introducing viruses or malicious code, not attempting to gain unauthorized access to other accounts or data, and not using any automated means (such as bots, scrapers, or scripts) to access or extract data from the Services.
- Service Abuse: You will not use Atlas.md in a manner that could harm, disable, overburden, or impair the platform (e.g., excessive API calls or massive data uploads beyond reasonable use). You will not use the communication features to spam, harass, or send unsolicited advertising to patients or others.
- Respect Intellectual Property: You will not copy, reproduce, modify, or create derivative works of the Atlas.md software, interfaces, or any of our materials, except as explicitly allowed. You will not reverse engineer or attempt to extract source code from our software. (See Intellectual Property section below for details.)
Violation of any of the above may result in immediate suspension or termination of your account (see Termination section below), and could also expose you to legal liabilities.
5. Service Plans, Fees, and Payment Processing
Subscription Fees: Atlas.md is provided on a subscription basis for clinics. For example, a standard subscription fee is $300 per month for each registered provider using the platform (after any free trial period). Subscription fees are billed as described on our website or order form. Payments for subscriptions will typically be made via credit card or another agreed method. You are responsible for paying all subscription fees when due. Late payment may result in suspension of access to the Services.
Patient Billing & Transaction Fees: Atlas.md enables clinics to charge patients directly (e.g., monthly membership fees, visit fees, or other services). When patients make online payments (credit/debit card or bank ACH transfer) through Atlas.md, those payments are processed by our integrated payment processor, Stripe. Atlas.md acts as a payment facilitator for your clinic, allowing you to collect payments from patients. By using the billing features, you agree to the Stripe Connected Account Agreement and any other relevant Stripe terms, as you will be operating as a Stripe connected account under Atlas.md’s platform.
- Transaction Fees: Atlas.md charges a small transaction fee for each patient payment processed through the platform. Current fees are 2.1% + $0.30 per credit/debit card transaction, and $0.25 per ACH bank transfer, in addition to any subscription fees. These rates may change over time; we will notify you of fee changes by updating our website or informing account administrators. We do not separately disclose the breakdown of our fees versus third-party (Stripe) fees, but the total fee will be shown or communicated to you. By using our payment features, you authorize these fees to be deducted from amounts collected or charged to your account.
- Payouts: Funds from patient payments (minus applicable transaction fees) will be transferred to your designated bank account via Stripe, following Stripe’s standard payout schedules and policies. Atlas.md is not a bank or escrow service; we do not hold your money indefinitely. However, payout timing may vary based on Stripe’s processes (e.g., allowing time for clearing ACH payments or handling chargebacks).
- Refunds and Chargebacks: If you (the clinic) need to refund a patient’s payment, you can initiate it through Atlas.md’s interface. Be aware that processing refunds or chargebacks may incur additional fees (for example, Stripe’s fees for refunds or chargeback handling), which Atlas.md may pass through to you or charge on your next invoice (typically as a small fee to cover Stripe’s charges for the refund). Atlas.md is not responsible for deciding refund amounts or policies – that is between you and your patient. Any disputes about services or charges are to be resolved between the clinic and the patient; Atlas.md only facilitates the payment. If a charge is reversed or disputed (chargeback), the amount may be deducted from your account and you are responsible for resolving it with the patient and Stripe.
- Stripe Verification: In order to use payment processing, Stripe may require information from you to verify your identity or your business (this can include EIN, address, bank info, or personal identification for principals). You agree to provide accurate information for this purpose. Stripe may refuse service or hold funds if verification is incomplete or if they flag your account for risk. These are Stripe’s policies and out of Atlas.md’s direct control. However, we will assist you in navigating any setup issues. Note: Stripe will retain a copy of the information you provide for verification and payments, and their use of that data is governed by their privacy policy.
6. Third-Party Services and Integrations
Atlas.md integrates with a limited set of trusted third-party services to provide critical functionality. By using Atlas.md, you agree that your data may be shared with or transmitted through these third parties as needed to operate the Services. Key integrations include:
- Communications (Twilio): We use Twilio (and/or similar telecommunications providers) to enable SMS/text messaging, phone calls (VOIP), faxing, and video chat features within Atlas.md. This means that when you send a text or make a call through Atlas.md, details such as phone numbers, call metadata, and message contents may pass through Twilio’s systems. Twilio is a reputable provider that implements security and privacy measures, and we have agreements (including Business Associate Agreements where applicable) to protect your data. By using texting or telephony features, you agree to abide by applicable laws (e.g., obtain patient consent for texts, not send prohibited content) and you acknowledge that standard carrier rates may apply for recipients. Atlas.md and Twilio are not liable for delays or failures in message delivery or call connectivity.
- Payment Processing (Stripe): As noted in the Payment section, Stripe processes all credit card and ACH transactions. When a patient enters payment information, that data is sent directly to Stripe; Atlas.md does not store full credit card numbers or bank account details (except possibly the last four digits or tokens needed for record-keeping). Stripe may also handle recurring subscription billing on our behalf. All payment data is handled under Stripe’s security standards. We include Stripe’s terms by reference in these Terms, and you can review Stripe’s own terms and privacy policy on their website.
- Laboratory Integrations (Quest, LabCorp, etc.): Atlas.md allows you to order lab tests and receive results through integrated lab providers. For example, we integrate with large national labs such as Quest Diagnostics (and others like LabCorp) as well as potentially regional labs. If you use the lab ordering features, relevant patient information (such as patient name, date of birth, gender, contact information, test orders, etc.) will be shared with the selected lab to process the tests and return results. We only share the data necessary for the lab services. Lab results returned will be stored in Atlas.md for your access and for the patient’s records. These lab providers are trusted entities that have their own privacy and security obligations. Atlas.md is not responsible for any errors or delays caused by third-party lab systems, but we do our best to ensure smooth integration.
- Pharmacy and Dispensing (AndaMed and others): Atlas.md supports in-house pharmacy management and may integrate with pharmaceutical suppliers or services (for example, AndaMed for wholesale medication ordering). If you use features to order medications or manage prescriptions, we might share necessary information with these partners – e.g., your clinic’s information and the medication orders. Additionally, if your clinic dispenses medications to patients, those records are stored in Atlas.md but you are responsible for complying with pharmacy laws (such as any required reporting of dispensed controlled substances in your state).
- Hosting and Data Storage (Amazon Web Services): Atlas.md is hosted on secure servers provided by Amazon Web Services (AWS) and possibly other cloud infrastructure providers. All data (including PHI) that you store in Atlas.md is saved in these cloud systems. We have Business Associate Agreements and security measures in place with our cloud providers to safeguard your data. Data centers are located in the United States.
- Analytics and Other Tools: We may use additional services to help improve Atlas.md – for example, error monitoring tools, analytics (to see how users navigate our interface), or email service providers to send notifications. We limit the data shared to what’s necessary. For instance, if we use an email delivery service to send a reset password email or a system alert, that service gets the recipient’s email and content of the message. All such providers are contractually obligated to keep your information confidential and secure. We do not share your data with any third party for their own marketing or advertising purposes.
Changes to Integrations: We may add or replace third-party integrations over time to improve our Services (for example, switching telephony providers or adding a new lab partner). We will update our documentation and, if the change is significant (e.g., introducing a new category of partner or data sharing), we will notify you as appropriate. Continued use of the relevant feature after we integrate a new third-party constitutes your consent to that integration. If you have questions or objections about any integration, please contact us.
Disclaimer: While we carefully select our partners and have agreements in place to protect data, Atlas.md does not control these third-party services. Therefore, you acknowledge that (a) the availability and reliability of third-party services are outside of Atlas.md’s control, and (b) we are not liable for any damages or losses caused by the actions or inactions of such third parties. However, if you encounter an issue with any integration, we will do our best to assist or find a workaround.
7. Privacy and Protected Health Information
Your use of Atlas.md is subject to our Privacy Policy (see below for the full Privacy Policy), which explains how we collect, use, and protect your data. Because Atlas.md handles sensitive medical and personal information, we take privacy very seriously. By agreeing to these Terms, you also agree that you have read and understood our Privacy Policy.
Business Associate Agreement (HIPAA): If you are a healthcare provider or clinic that is a “Covered Entity” under the Health Insurance Portability and Accountability Act (HIPAA), Atlas.md will, upon request, provide a Business Associate Agreement (BAA) as required by HIPAA for our handling of Protected Health Information on your behalf. In fact, our standard Terms of Service together with our Privacy Policy are designed to include BAA provisions for those who require them. Atlas.md can be used in a HIPAA-compliant manner, and we have implemented many safeguards required by HIPAA (such as encryption in transit and at rest, audit logs, access controls, etc.). However, Atlas.md does not force certain compliance measures by default – for example, we do not mandate periodic password changes or automatically log you out after a short time of inactivity, as some strictly HIPAA-regulated systems do. We understand that many DPC clinics choose to voluntarily follow HIPAA best practices even if not legally required, and we support that by providing security features and signing BAAs. Ultimately, it is the responsibility of each clinic to use Atlas.md in compliance with their applicable privacy laws and regulations. This may include: configuring your account settings securely, training your staff on proper handling of PHI, obtaining patient consents for various uses (like communication channels), and not disabling security features that are available.
Patient Data Ownership and Consent: Clinics (Providers) own and control the health data they input into Atlas.md. Atlas.md will act as a custodian or processor of that data. As a provider, you must ensure you have obtained any necessary patient consent to store their data on a third-party system like Atlas.md and to use the integrated services (for example, you should inform patients that you use a digital system to manage records and communicate). Patients: If you are using Atlas.md via your provider, be aware that your medical records are created and managed by your provider on this platform. Atlas.md does not assume ownership of your health information – we simply process it on behalf of your provider. If you have questions or concerns about your data, you should direct those to your provider as well, since they may have their own policies or obligations to you (for instance, a Notice of Privacy Practices if they are a HIPAA-covered entity).
8. Security Measures
We are committed to protecting your data. Atlas.md implements industry-standard security measures, including encryption of data in transit (SSL/TLS) and encryption of sensitive data at rest. Our servers are hosted in secure facilities with physical and network safeguards. We regularly perform security assessments, vulnerability scans, and annual penetration testing through independent experts. Our team also conducts ongoing self-assessments and monitoring to quickly address any issues. Additionally, we maintain audit logs within the system to track access to patient records and other sensitive actions, helping your clinic meet its own compliance obligations.
Despite these efforts, no system can be guaranteed 100% secure. You acknowledge that there is always some risk of unauthorized access or data breach. In the unlikely event of a security breach affecting your data, Atlas.md will promptly notify you and take all required steps to mitigate the issue, consistent with applicable law (for example, we will assist clinics in meeting any breach notification requirements under HIPAA or state laws).
Your Security Responsibilities: Users also play a vital role in security. It is your responsibility to use the Service in a secure manner – for example, keeping your password confidential, restricting access to your devices, enabling available security features (like two-factor authentication, if provided), and being cautious about the information you share. If you integrate any other software with Atlas.md via our API or exports, you must ensure those integrations are secure. Do not download or export patient data to unsecured devices or personal email. Atlas.md cannot prevent or be responsible for breaches that result from your own insecure practices.
9. Data Retention and Deletion
Data Retention: Atlas.md’s policy is to retain data indefinitely by default, given the nature of medical records. We understand that healthcare providers may need to access patient records many years after the last encounter, especially in the context of direct primary care which often involves long-term patient relationships. Additionally, medical malpractice considerations require that records be kept for extended periods (often at least 7–10 years, and sometimes longer for pediatric patients or as required by state law). Therefore, we do not automatically purge health records or account data simply due to inactivity or account closure, unless specifically directed by our customer (the clinic) or required by law. We maintain backups and archives of data as part of our disaster recovery and compliance strategies.
Provider Control: If you are a clinic or provider, you can delete certain data within the Atlas.md interface (for example, you might remove a document or deactivate a patient profile). When you delete data, it may no longer be accessible to you through the app, but note that Atlas.md may retain server backups or archival copies for a period of time (which are secured) before those are purged in the normal backup rotation. If you need a complete deletion of patient data (for instance, a patient requests their record be deleted and you determine it’s appropriate and lawful to do so), you can contact us at support@atlas.md to assist with secure deletion. However, please be aware of your obligations: as a medical provider, you might be legally or ethically required to maintain certain records despite a deletion request. Atlas.md is not responsible for deciding what you must retain; we leave that to your discretion and legal counsel. We will act on your instructions to delete or export data, but by doing so at your request, you agree to hold Atlas.md harmless for any consequences of that deletion (for example, if data needed for a future legal defense is no longer available).
Patient Requests: If you are a patient and you wish to have your data deleted from Atlas.md or to obtain a copy of your records, your primary course of action should be to contact your healthcare provider (the clinic using Atlas.md). They are in the best position to verify your identity and to determine what can be deleted or provided. Atlas.md can delete or release data only with the authorization of the controlling clinic (except in rare cases where we are compelled by law). If a patient directly contacts Atlas.md for deletion or access, we reserve the right to forward that request to the appropriate clinic and/or to follow the provisions of any relevant law (for example, rights under HIPAA or state laws to access records). Important: Even if a patient requests deletion, a clinic may still retain certain information for the aforementioned legal reasons (e.g., malpractice defense or required record retention). In such cases, Atlas.md will honor the clinic’s decision and will not delete data that the clinic indicates must be kept.
10. Intellectual Property
Our IP: All rights, title, and interest in and to the Atlas.md platform and Services (including the software, code, design, logos, trademarks, content on our website, and documentation) are owned by Atlas CRM, LLC or our licensors. These are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use our Services during your subscription term, solely for your internal business or personal healthcare management use, and only as permitted by these Terms. You may not use our trademarks or branding without our prior written permission, except as necessary to identify the Service (for example, you can say “we use Atlas.md at our clinic” factually).
Your Content: You retain ownership of all content and data you input or upload into Atlas.md (including patient information, notes, attachments, photos, logos, etc. that you add to your account). Atlas.md does not claim any ownership over your medical records or business data. However, you grant Atlas.md permission to use, process, and transmit your content as necessary to provide the Services. This includes making backup copies, displaying information to you and those you authorize (e.g., showing a patient their own chart via the patient portal), and sharing with integrated services as described in these Terms and our Privacy Policy. We will not use your content for any purpose outside the scope of providing and improving Atlas.md without your consent.
Protected Content: If you provide us with feedback, suggestions, or ideas to improve Atlas.md, you agree that we may use them without restriction or compensation to you, and you waive any claim to intellectual property rights in those suggestions. (This helps us incorporate user feedback quickly without getting tangled in licensing.)
Please note that you are responsible for ensuring you have the rights to upload any content to Atlas.md. Do not upload copyrighted materials (like medical textbooks, images, or forms) unless you have permission or they are your own. We are not liable for content you store on our system at your direction.
11. No Medical Advice or Endorsement
No Doctor-Patient Relationship with Atlas: Atlas.md is a software provider, not a healthcare provider. Nothing in our Services constitutes medical advice, diagnosis, or treatment from Atlas.md. Any health information (such as diagnosis suggestions, drug information, or AI-driven content) available through the platform is for supporting the clinical decision-making of licensed professionals or facilitating communication. The responsibility for medical care and advice lies entirely with the healthcare providers using Atlas.md. Atlas.md does not practice medicine or any other licensed profession, and use of the Services by a provider or patient does not create any doctor-patient relationship between Atlas.md and any patient.
AI and Tool Usage: Atlas.md may offer features like AI-based diagnostic assistance, automated trend analysis of lab results, or transcription and summary of consultations. These tools are intended to assist medical professionals by providing suggestions or saving time, but they are not a substitute for professional judgment. We do not guarantee the accuracy or completeness of any AI-generated content or suggestion. Providers must independently review and verify all AI outputs (for example, if the AI suggests a possible diagnosis or treatment, the provider must use their own clinical judgment to confirm or disregard it). Atlas.md is not liable for any decisions made based on AI tools or automated outputs. Always double-check critical information (like medication dosages, contraindications, etc.) from authoritative sources.
Patient Use: If you are a patient accessing Atlas.md (for example, reading a message from your doctor or viewing lab results), you should always follow the advice of your own healthcare provider. Any content you see in Atlas.md is either provided by your provider or is a tool for them. If something is unclear or concerning to you, contact your doctor – do not rely on Atlas.md or any automated content for medical advice.
12. Disclaimers of Warranty
Service Availability: Atlas.md strives to provide reliable service with high availability. We have redundant systems and backup plans to minimize downtime and protect data. However, we do not guarantee that the Services will be uninterrupted, error-free, or completely secure. The Service is provided on an “as-is” and “as-available” basis. From time to time, Atlas.md may be unavailable due to scheduled maintenance, updates, or unplanned outages. We will attempt to schedule maintenance during low-usage hours and, when possible, inform you in advance via our status page or email. That said, unforeseen outages (due to internet disruptions, data center issues, etc.) may occur. By using Atlas.md, you acknowledge that occasional downtime or technical issues are possible.
No Warranties: To the maximum extent permitted by law, Atlas.md disclaims all warranties, express or implied, related to the Services. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet all of your requirements or that they will achieve any intended results. For example, we do not guarantee that using Atlas.md will make your clinic fully compliant with any particular law (like HIPAA) – we provide tools and support, but compliance also depends on your practices. You assume full responsibility for using the information and tools provided by the Service.
Data Accuracy: While we expect that data entered into Atlas.md (e.g., patient information, lab results, calculations) is handled accurately by the software, we make no guarantee that there will be no data errors or losses. There could be bugs or integration issues that result in incorrect data display or corruption. We will act to fix any such issues once discovered, but it’s possible, for instance, that a lab result gets mis-formatted or a note isn’t saved due to a rare glitch. We highly recommend keeping critical copies or verifying important information (for example, double-checking a critical lab value with the official lab report if in doubt).
External Content: If Atlas.md provides links or integration to external websites or content (for example, a link to a medical knowledge base, or if you integrate a third-party app via our API), we are not responsible for the content or accuracy of those external resources. Any external services are used at your own risk and may have their own terms.
13. Limitation of Liability
To the fullest extent permitted by applicable law, Atlas.md (Atlas CRM, LLC) and its officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or any damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Services. This limitation applies to all causes of action, whether in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
In plain language: **Atlas.md is not responsible for losses that are not directly caused by our breach of these Terms.**We specifically are not liable for things like: the consequences of your medical decisions, the loss of business due to downtime, damage from cyber-attacks despite our safeguards, or disputes between you and your patients or other parties.
Cap on Liability: In any case, Atlas.md’s total cumulative liability to you for any claims arising from or related to the Services will not exceed the amount actually paid by you to Atlas.md for the Services in the twelve (12) months immediately preceding the event giving rise to the claim. If you are on a free trial or a free tier of the service, our total liability will not exceed $100. We understand some states do not allow the exclusion or limitation of certain damages; in such states, our liability will be limited to the maximum extent permitted by law.
Exceptions: The above limitations of liability do not limit your obligation to pay for legitimate fees and charges under these Terms, and they do not apply to Atlas.md’s liability for gross negligence, willful misconduct, or personal injury caused by us to the extent that liability cannot be excluded under law. However, in any dispute, you agree that these limitations will be enforced to the maximum extent permissible.
14. Indemnification
You agree to indemnify, defend, and hold harmless Atlas CRM, LLC (Atlas.md) and its affiliates, officers, agents, and employees from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:
- Your use of the Services (including any data or content you input, and any actions you take through the platform),
- Your violation of these Terms or of any applicable law or regulation,
- Your infringement of any rights of another person or entity (for example, uploading data that you had no right to share, or misusing the communication tools to violate someone’s privacy), or
- Any medical or billing disputes or issues between you and any patient or third party. For instance, if a patient claims that using Atlas.md (at your instruction) violated their privacy rights, or if a lab or partner sues due to something you did, you would be responsible for defending Atlas.md in that matter.
We reserve the right to handle our legal defense as we see fit, including choosing our counsel, and you agree to cooperate with us in defending any claim. This indemnity obligation will survive the termination of your relationship with Atlas.md.
15. Suspension and Termination
Termination by You: You are free to stop using Atlas.md at any time. If you wish to terminate your account and subscription, the account owner or admin should provide notice to us (for example, via the account settings or by contacting support). If you terminate in the middle of a billing cycle, please refer to your subscription terms – typically, we do not pro-rate unused time except in the case of a free trial or as required by law. Before terminating, you may request an export of your data (we can provide patient records in a standard format if needed for migration). It’s your responsibility to secure any needed records prior to termination.
Termination or Suspension by Us: We reserve the right to suspend or terminate your access to the Services (in whole or in part) under the following circumstances:
- Breach of Terms: If you violate any provision of these Terms or other policies (for example, if you seriously misuse the system or fail to pay fees), we may suspend your account immediately. For minor violations or issues, we will attempt to provide a warning and work with you to resolve the issue, but we are not obligated to do so if the situation is severe (such as an act that threatens the security of the system or other users’ data).
- Legal Requirement: If we are required by law or by a governmental authority (for example, a court order) to terminate or suspend service to you, we will comply with that requirement.
- Security Threats: If your account is compromised or is causing technical disruption (e.g. hacking attempts, or if your usage is inadvertently causing system instability), we may temporarily suspend access to mitigate the issue. We will notify you of such actions and work with you to restore access once the issue is resolved.
- Termination of Service Offering: In the unlikely event that we decide to discontinue the Atlas.md Service entirely, we will provide you with advance notice (we aim for at least 60 days notice if possible) so you can export your data. We would also refund any prepaid amounts covering the period after service termination.
Effect of Termination: Upon termination of your account, whether by you or us, your right to access the Services will cease. We will retain your data as described in the Data Retention section of these Terms and in our Privacy Policy. Typically, if you leave Atlas.md, we will retain your patients’ records until and unless you direct us to transfer or delete them (because you may need them later). We can work with you to transfer data to your new system if applicable (which may incur a service fee depending on complexity). The following provisions of these Terms will survive termination: any obligations to pay outstanding fees, disclaimers of warranties, limitations of liability, indemnification, dispute resolution, and any other clauses which by their nature should survive.
16. Governing Law and Dispute Resolution
Governing Law: This Agreement and any dispute arising out of or related to it or the Services will be governed by the laws of the State of Kansas, USA, without regard to its conflict of laws principles. However, if you are a U.S. federal government entity or a state/local government entity, this Section shall not apply to the extent it is inconsistent with your entity’s laws.
Jurisdiction and Venue: You agree that any dispute or claim that cannot be resolved informally shall be brought exclusively in the state or federal courts located in Kansas. You consent to the personal jurisdiction of these courts. (If you are a clinic user, typically this means any lawsuit would be filed in Kansas, likely in Sedgwick County or the applicable jurisdiction for our company’s registered address.) We and you both waive any objections to venue in Kansas such as claims of inconvenient forum.
Dispute Resolution and Arbitration (Optional): If desired, a binding arbitration clause could be placed here to limit litigation, but since a specific method was not requested, this is left out for now. Parties are encouraged to resolve disputes in good faith through discussion or mediation before resorting to the courts.
Attorney’s Fees: In any action to enforce these Terms, the prevailing party will be entitled to recover its reasonable attorney’s fees and costs from the other party (unless prohibited by law).
17. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated (such as a BAA or the Stripe Connected Account terms), constitute the entire agreement between you and Atlas.md regarding the Services. They supersede all prior agreements or communications (whether written or oral) relating to the Services.
- Severability: If any provision of these Terms is found to be unlawful or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable (or severed if no modification is possible), and the rest of the Terms will remain in full effect.
- Waiver: Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms. A waiver of any term will only be effective if in writing and signed by an authorized representative of Atlas.md.
- Assignment: You may not assign or transfer these Terms or your account to a third party without our prior written consent. We may assign these Terms as part of a merger, acquisition, sale of assets, or by operation of law, or to any affiliate, and will inform you if such assignment occurs. These Terms bind and benefit the respective successors and permitted assigns of the parties.
- Relationship: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Atlas.md. We are an independent contractor providing a service to you.
- Force Majeure: Atlas.md is not liable for any failure or delay in performance of its obligations (such as downtime or data loss) if that failure or delay is due to causes beyond our reasonable control, such as acts of God, power outages, internet or telecommunications failures, labor disputes, or government demands (each a “Force Majeure” event). We will do our best to mitigate and resume service as soon as possible after such an event.
- Notices: We may send you notices regarding the Services (including changes to these Terms or other matters) by email to the address on file for your account, by postal mail (if you provided a physical address), by postings within the Atlas.md application, or on our website. Official notices to us should be sent via email to support@atlas.md or via certified mail to: Atlas CRM, LLC, 6600 E. Summerside Place, Bel Aire, KS 67226, USA. Email communications are considered delivered as of the send date, provided no bounce-back is received.
Thank you for reading these Terms of Service. We value your trust in Atlas.md to manage your practice and patient data. If you have any questions or concerns about these Terms, please contact us at support@atlas.md. Your understanding of these terms helps ensure we maintain a clear and fair relationship as we help you deliver excellent direct care.