Terms and Conditions

1. Overview and Acceptance

These Terms and Conditions govern your access to and use of the Daraport software-as-a-service platform and related services (the Service) provided by Daraport ("we", "us", "our"). By accessing or using the Service you agree to these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.

Scope - These Terms apply to all users of the Service including administrators, clinicians, patients, and organizations. They describe permitted uses, account responsibilities, payment terms, data handling, intellectual property rights, and legal remedies.

Agreement - By creating an account, using the Service, or clicking accept, you enter into a binding agreement with Daraport. If you do not agree, do not use the Service.

2. User Accounts

Account creation and accuracy - You must provide accurate, current, and complete information when registering. You agree to update account information promptly to keep it accurate.

Authorized users and roles - Organizations must register and manage accounts for their users and assign appropriate roles and permissions. Organizations are responsible for all activity under accounts they control.

Credentials and security - Keep usernames, passwords, and authentication methods secure. You are responsible for all activity that occurs under your credentials. Notify us immediately of any unauthorized use.

Account suspension and termination - We may suspend or terminate accounts for violations of these Terms, nonpayment, or security concerns. Upon termination, access to the Service ends and we may delete or archive Customer Data in accordance with our retention policies and your contract.

3. Healthcare Provider Responsibilities

Compliance and professional obligations - Healthcare providers and organizations using the Service must comply with all applicable laws, professional standards, and contractual obligations that govern their practice and data handling.

Patient consents and notices - Providers are responsible for obtaining any required patient consents, notices, or authorizations for the collection, use, or disclosure of patient information through the Service.

Configuration and access control - Providers must configure account settings, user roles, and access controls to limit access to patient data to authorized personnel only. Providers should implement internal policies for password management, multi-factor authentication, and user provisioning/deprovisioning.

Clinical decision-making - The Service is a tool to support workflows; clinical decisions remain the sole responsibility of the provider. Providers must verify patient identity, confirm clinical information, and follow applicable clinical protocols.

Recordkeeping and retention - Providers are responsible for maintaining clinical records and meeting any legal or regulatory retention obligations that apply to their practice. Daraport will retain or delete data only as directed by the customer or as required by law.

4. Patient Responsibilities

Accurate information - Patients and end users must provide accurate personal and health information when using the Service and promptly update any changes.

Appropriate use - Patients must use the Service lawfully and in accordance with any instructions provided by their healthcare provider. Do not use the Service for emergencies; follow local emergency procedures for urgent care.

Account access and privacy - Patients should protect their account credentials and notify their provider or Daraport if they suspect unauthorized access. Patients are responsible for the content they upload or transmit through the Service.

Communications and consent - Patients should follow provider instructions regarding telehealth visits, recordings, and consent. If a provider enables session recording, patients should confirm any required consents have been obtained.

5. Fees, Billing, and Refunds

Subscription plans - Access to the Service is provided under subscription plans. Plan features, limits, and pricing are described on our website or in a separate order form.

Billing - You agree to pay all fees in the currency and on the schedule specified. Fees exclude taxes unless otherwise stated. We may suspend access for overdue accounts and charge interest or collection costs where permitted.

Refunds and cancellations - Refund and cancellation policies are set out in your order form or plan terms. If no specific policy applies, cancellations take effect at the end of the current billing period and fees already paid are non-refundable unless otherwise required by law.

6. Data Privacy, Security, and Content

Customer Data ownership - You retain ownership of the data you submit to the Service. We process Customer Data to provide and improve the Service and as described in our Privacy Policy.

Security measures - We implement administrative, technical, and physical safeguards designed to protect data, including encryption in transit, access controls, and logging. No system is completely secure; we cannot guarantee absolute security.

Support access - We may access Customer Data to provide support, to comply with legal obligations, or to protect rights and safety, subject to our internal access controls and policies.

User content - You are responsible for the content you or your users upload or transmit through the Service. We may remove content that violates these Terms or applicable law.

7. Intellectual Property

Our rights - All intellectual property rights in the Service, including software, documentation, and trademarks, are owned by Daraport or our licensors. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

License to Customer Materials - By submitting Customer Data, you grant Daraport a limited, non-exclusive, worldwide license to use, copy, store, and transmit Customer Data as necessary to provide the Service and to comply with legal obligations.

Feedback - If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate that feedback into the Service without obligation to you.

8. Limitation of Liability

Cap on liability - To the maximum extent permitted by law, Daraport's aggregate liability for claims arising out of or related to these Terms will not exceed the fees paid by you to Daraport in the 12 months preceding the claim.

Exclusions - We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or business interruption, even if advised of the possibility of such damages.

Exceptions - Nothing in these Terms limits liability that cannot be excluded or limited under applicable law (for example, liability for gross negligence, willful misconduct, or certain statutory liabilities).

9. Indemnification

You agree to indemnify, defend, and hold Daraport and its officers, directors, employees, and agents harmless from claims, liabilities, damages, losses, and expenses arising from: (a) your breach of these Terms; (b) your misuse of the Service; (c) your violation of applicable law; or (d) claims arising from content you or your users provide.

10. Termination

For cause - We may suspend or terminate your access for breach of these Terms, nonpayment, or legal reasons.

Effect of termination - Upon termination, your right to access the Service ends. We may delete or archive Customer Data in accordance with our retention policies and your contract.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws specified in your order form or, if none, by the laws of the jurisdiction where Daraport is incorporated. Disputes will be resolved in the courts specified in your order form or, if none, in the courts of Daraport's jurisdiction.

12. Changes to Terms

We may modify these Terms from time to time. Material changes will be posted with a new last updated date and, where required, we will notify customers. Continued use after changes constitutes acceptance.

13. Contact

For questions about these Terms, to report abuse, or to request information, contact us at contact@daraport.com.