Consentivize Terms of Service

1. Acceptance

By accessing or using Consentivize (“Service”), the Practice agrees to these Terms, the BAA, and any supplemental agreements. If any provision of these Terms conflicts with the BAA regarding Protected Health Information (“PHI”), the BAA shall govern. The Practice’s online sign-up and acceptance constitutes execution of these agreements, including subscription selection, modules, and add-ons.

2. Service Description

Consentivize provides a cloud-based platform offering:

• Digital patient education and consent workflows
• Treatment and premium-upgrade decision support
• Electronic signature functionality
• Surgery scheduling tools
• Patient packet creation and delivery
• Optional payment processing add-ons

Features may be updated, enhanced, or modified from time to time.

3. Fees & Subscription

• Subscription fees are listed on the main page and during sign-up.
• Fees are billed monthly in advance through Stripe.
• All fees are non-refundable.
• You may cancel at any time with 30 days’ written notice.
• Additional modules, integrations, or services may require separate online acceptance.

4. Practice Responsibilities

The Practice agrees to:

• Ensure all information entered into the Service is accurate.
• Obtain patient consent for electronic communications.
• Comply with HIPAA and all applicable laws.
• Maintain device, network, and account security.
• Ensure only authorized personnel access PHI or system features.
• Use the Service only for lawful, professional purposes.

5. Disclaimers & Scope of Service

6. Data, HIPAA, & Security

• All PHI is processed solely as permitted under the attached BAA.
• Consentivize will never sell or disclose PHI except as authorized under the BAA or required by law.
• The Practice retains all rights and ownership to its PHI.
• Consentivize implements industry-standard administrative, technical, and physical safeguards to protect PHI and system data.

7. Uptime & Support

• We target 99.9% uptime, excluding scheduled maintenance and factors outside our reasonable control.
• Support is available via support@consentivize.com, Monday–Friday, 9 AM–5 PM ET.

8. Termination

Either party may terminate the Service with 30 days’ written notice. Consentivize may suspend or terminate access immediately for:

• Material breach (including failure to pay), or
• Violation of law or security obligations.

Upon termination, data export will be available for 30 days.

9. Limitation of Liability

To the maximum extent permitted by law:

• Consentivize’s total liability for claims arising out of or related to the Service shall not exceed the total amount paid by the Practice in the preceding 12 months.
• In no event shall Consentivize be liable for indirect, consequential, incidental, special, or punitive damages—specifically including but not limited to lost operating room (OR) revenue, wasted surgical supplies, or patient delay of care caused by scheduling downtime or syncing errors—even if advised of the possibility.

10. Governing Law

These Terms are governed by the laws of the State of Delaware. All disputes shall be brought exclusively in Delaware state or federal courts.

11. Changes to Terms

Consentivize may update these Terms with 30 days’ notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

12. Related Agreements

Your use of the Service may also be subject to one or more of the following agreements, each incorporated by reference as applicable:

• Business Associate Agreement (BAA) — required for all Practices using PHI.
• Payment Processing Addendum — required for use of the Payments module.
• Data Processing Addendum (DPA) — if required by non-U.S. laws or cross-border data transfer rules.

Where a supplemental agreement conflicts with these Terms, the more specific agreement controls.