hutano Terms of Service

Our legal agreement with you

Last Updated: May 1, 2025

Table of Contents

1 Introduction

Welcome to hutano, a healthcare platform that provides digital solutions for healthcare providers, patients, and healthcare organizations. These Terms of Service ("Terms") govern your access to and use of the hutano platform, including our website, mobile application, and all related services (collectively, the "Service").

hutano is owned and operated by Hutano Health, Inc. ("hutano," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND HIPAA COMPLIANCE REQUIREMENTS.

IMPORTANT HEALTHCARE NOTICE:

hutano is a technology platform that facilitates healthcare communication, documentation, scheduling, and information sharing. It is not a healthcare provider and does not provide medical advice, diagnosis, or treatment. The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

2 Definitions

Throughout these Terms, we use certain terminology that has specific meanings in the context of our Service:

  • "Service" refers to the hutano platform, including our website, mobile application, and all related services provided by hutano.
  • "User" refers to any individual or entity that accesses or uses the Service, including Patients, Healthcare Providers, and Healthcare Organizations.
  • "Patient" refers to an individual who uses the Service to manage their healthcare information, schedule appointments, communicate with providers, and access healthcare services.
  • "Healthcare Provider" or "Provider" refers to a licensed healthcare professional who uses the Service to provide healthcare services, manage patient information, and coordinate care.
  • "Healthcare Organization" or "Organization" refers to any entity that employs Healthcare Providers or delivers healthcare services and uses the Service to manage its operations.
  • "Content" refers to any information, data, text, files, images, or other materials uploaded, shared, or created by Users through the Service.
  • "PHI" or "Protected Health Information" refers to individually identifiable health information as defined by HIPAA.
  • "HIPAA" refers to the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations.

3 Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using the Service on behalf of a Healthcare Organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must be at least 18 years old to use the Service. If you are under 18 but at least 13 years old, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By accepting these Terms, you agree to:

  • Provide accurate, current, and complete information when registering for an account and throughout your use of the Service
  • Maintain the security of your account and password
  • Use the Service in compliance with all applicable laws, regulations, and these Terms
  • Respect the privacy and rights of other Users
  • Not use the Service for any illegal, unauthorized, or prohibited purposes

4 Eligibility

The Service is available to different types of Users, each with specific eligibility requirements:

Patients

To use the Service as a Patient, you must:

  • Be at least 18 years old, or be at least 13 years old with parental/guardian consent
  • Have the legal capacity to enter into binding contracts
  • Provide accurate personal and contact information
  • Create a secure account with a unique username and password

Healthcare Providers

To use the Service as a Healthcare Provider, you must:

  • Hold a valid and unrestricted professional license in your field
  • Be legally authorized to practice in your jurisdiction
  • Provide accurate professional and contact information
  • Comply with all applicable laws, regulations, and professional standards
  • Maintain appropriate professional liability insurance

Healthcare Organizations

To use the Service as a Healthcare Organization, you must:

  • Be a legally established entity authorized to provide healthcare services
  • Have proper licenses, certifications, and registrations as required by applicable laws
  • Designate authorized representatives to manage the Organization's account
  • Ensure that all Providers affiliated with your Organization meet the eligibility requirements for Healthcare Providers
  • Maintain appropriate insurance coverage, including professional liability and cyber insurance

hutano reserves the right to verify your eligibility at any time and to suspend or terminate your access to the Service if we determine, in our sole discretion, that you do not meet the eligibility requirements or that you have violated these Terms.

5 Account Registration & Security

Account Creation

To use certain features of the Service, you must create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Security Obligations

You agree to:

  • Create a strong, unique password that you do not use for other services
  • Enable multi-factor authentication if available
  • Keep your account credentials confidential and not share them with others
  • Log out of your account at the end of each session, especially when using shared or public devices
  • Notify us immediately if you become aware of any unauthorized access to or use of your account

Organization Administrator Accounts

If you register an account as an administrator for a Healthcare Organization, you:

  • Represent and warrant that you have the authority to bind the Organization to these Terms
  • Are responsible for managing User accounts within your Organization
  • Must ensure that all Users within your Organization comply with these Terms
  • Must implement appropriate access controls based on User roles and responsibilities
  • Must promptly deactivate accounts of Users who are no longer authorized to access the Service

Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time if:

  • You violate these Terms or any applicable laws or regulations
  • We detect suspicious or unauthorized activity associated with your account
  • You fail to maintain eligibility requirements
  • You have not used your account for an extended period
  • We are required to do so by law or regulatory authority

Important Security Notice:

Due to the sensitive nature of healthcare information, maintaining the security of your account is critically important. Any breach of account security could result in unauthorized access to protected health information, which may have serious legal and privacy implications. We strongly recommend following best practices for password management and regularly reviewing your account activity.

6 Service Description

hutano provides a healthcare technology platform with the following key features and services:

Core Platform Features

  • Digital Patient Intake: Electronic capture and management of patient information, medical history, and consent forms
  • Document Storage: Secure cloud-based storage of medical records, test results, and other healthcare documents
  • Document Sharing: Controlled and secure sharing of medical information between authorized parties
  • Documentation and Billing: Tools for healthcare documentation, coding, and payment processing
  • Scheduling and Referrals: Appointment management and provider referral coordination

Access and Availability

The Service is available through our website and mobile applications. We strive to maintain 99.9% uptime but cannot guarantee uninterrupted access to the Service. We may occasionally:

  • Perform scheduled maintenance during off-peak hours
  • Release updates and new features
  • Experience temporary outages due to technical issues or circumstances beyond our control

We will make reasonable efforts to notify you in advance of scheduled maintenance or significant changes to the Service.

Service Limitations

You acknowledge and agree that:

  • hutano is a technology platform and does not provide medical advice, diagnosis, or treatment
  • The Service is not intended for use in emergency situations
  • The Service is not a substitute for professional medical judgment
  • We may modify, update, or discontinue any feature of the Service at any time
  • Certain features may not be available in all geographic locations due to regulatory restrictions

Technical Requirements

To access and use the Service, you must have:

  • A device with internet access and a compatible web browser or operating system
  • Sufficient data storage and processing capability
  • Up-to-date security software

You are responsible for all costs and expenses associated with meeting these requirements and maintaining your internet connection.

7 User Types & Responsibilities

Different types of Users have specific rights and responsibilities when using the Service:

Patient Responsibilities

As a Patient using the Service, you agree to:

  • Provide accurate, complete, and up-to-date health information
  • Keep your contact information current
  • Use the Service for legitimate healthcare purposes only
  • Respect appointment schedules and cancellation policies
  • Promptly respond to communications from your Healthcare Providers
  • Not misrepresent your identity or medical condition
  • Understand that the Service does not replace emergency services—call 911 or go to the nearest emergency room for urgent medical situations

Healthcare Provider Responsibilities

As a Healthcare Provider using the Service, you agree to:

  • Maintain all necessary licenses, certifications, and credentials required to provide healthcare services
  • Comply with all applicable laws, regulations, and professional standards
  • Provide accurate information about your qualifications, services, and availability
  • Maintain appropriate professional liability insurance
  • Use the Service in a manner consistent with the standard of care in your field
  • Respond to patient communications in a timely manner
  • Maintain patient confidentiality and comply with HIPAA requirements
  • Implement appropriate safeguards to protect PHI
  • Take full responsibility for all medical advice, diagnoses, and treatment decisions

Healthcare Organization Responsibilities

As a Healthcare Organization using the Service, you agree to:

  • Ensure that all Providers affiliated with your Organization meet the eligibility requirements
  • Verify the credentials and qualifications of your affiliated Providers
  • Implement appropriate policies and procedures for the use of the Service
  • Train your staff on proper use of the Service and protection of PHI
  • Execute appropriate Business Associate Agreements (BAAs) as required by HIPAA
  • Maintain necessary insurance coverage, including professional liability and cyber insurance
  • Monitor and manage User accounts within your Organization
  • Promptly deactivate accounts for individuals who no longer require access

Prohibited Activities

All Users are prohibited from:

  • Using the Service for any illegal purpose or in violation of any laws or regulations
  • Interfering with or disrupting the operation of the Service
  • Attempting to gain unauthorized access to any part of the Service
  • Uploading or transmitting malicious code or content
  • Attempting to reverse engineer, decompile, or disassemble any portion of the Service
  • Harassing, threatening, or intimidating other Users
  • Impersonating another person or entity
  • Using the Service to send unsolicited communications or advertisements
  • Selling, trading, or transferring access to your account

8 HIPAA Compliance

hutano is designed to be compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.

Business Associate Relationships

When a Healthcare Provider or Healthcare Organization (a "Covered Entity" under HIPAA) uses our Service, hutano acts as a "Business Associate" as defined by HIPAA. In these cases:

  • We will enter into a Business Associate Agreement (BAA) with the Covered Entity
  • We will only use and disclose PHI as permitted by the BAA and applicable law
  • We will implement appropriate safeguards to protect the confidentiality, integrity, and availability of PHI
  • We will report security incidents and unauthorized uses or disclosures of PHI as required by HIPAA

Provider Obligations

Healthcare Providers and Organizations using the Service must:

  • Comply with all applicable provisions of HIPAA and other privacy laws
  • Obtain appropriate authorizations from patients before sharing their information
  • Implement their own administrative, physical, and technical safeguards
  • Ensure that their use of the Service is consistent with their privacy practices
  • Limit access to PHI to authorized personnel with a need to know

Patient Rights

Patients have certain rights regarding their PHI under HIPAA, including the right to:

  • Access and obtain copies of their health information
  • Request corrections to inaccurate or incomplete information
  • Receive an accounting of certain disclosures of their PHI
  • Request restrictions on certain uses and disclosures
  • Request confidential communications

Patients should direct requests to exercise these rights to their Healthcare Provider or Healthcare Organization, not to hutano directly.

HIPAA Compliance Commitment:

While hutano implements robust security measures to protect PHI, all Users must understand that no system can guarantee absolute security. Users should report any suspected privacy or security incidents immediately by contacting us at privacy@hutano.com. We take these reports seriously and will respond promptly to investigate and mitigate any issues.

9 User Content

Content Ownership

Users retain ownership of the content they upload, create, or share through the Service. By uploading or creating content, you grant hutano a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving the Service.

Content Responsibilities

You are solely responsible for all content that you upload, create, or share through the Service. You represent and warrant that:

  • You own or have obtained all necessary rights, licenses, and permissions to use and share the content
  • The content does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
  • The content is accurate, complete, and not misleading, especially when it concerns medical information
  • The content does not violate any applicable laws, regulations, or professional standards

Content Restrictions

You agree not to upload, create, or share content that:

  • Contains malicious code, viruses, or other harmful components
  • Is unlawful, defamatory, obscene, offensive, or otherwise objectionable
  • Violates anyone's privacy or publicity rights
  • Infringes or misappropriates any intellectual property rights
  • Constitutes unsolicited commercial communications or spam
  • Impersonates any person or entity

Content Monitoring and Removal

We do not actively monitor content uploaded or created by Users, but we reserve the right to:

  • Review content for compliance with these Terms and applicable laws
  • Remove or disable access to content that violates these Terms or applicable laws
  • Take appropriate action against Users who repeatedly violate these Terms

We will make reasonable efforts to notify you if we remove your content, unless prohibited by law or if doing so would risk harm to other Users, compromise an investigation, or create liability for hutano.

Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose, including but not limited to incorporating it into the Service, without any obligation to compensate you.

10 Payment Terms

Fee Structure

hutano offers various subscription plans and payment options for different types of Users:

  • Healthcare Organizations may pay subscription fees based on the number of Providers, features used, or patients served
  • Independent Healthcare Providers may pay subscription fees based on their practice size and features used
  • Patients may use basic features for free, with premium features available for a fee

Current pricing information is available on our website or upon request. We reserve the right to change our fee structure at any time, with notice to affected Users as provided in these Terms.

Payment Processing

For paid services, you agree to:

  • Provide accurate and complete payment information
  • Promptly update your billing information if it changes
  • Pay all fees and charges incurred through your account at the rates in effect when the charges were incurred
  • Pay applicable taxes associated with your use of the Service

We use third-party payment processors to process payments. Your use of these payment services may be subject to additional terms and conditions from the payment processor.

Billing Disputes

If you believe that we have billed you incorrectly, you must notify us within 60 days of the billing date. We will not consider disputes made after this period. We will make reasonable efforts to resolve billing disputes in good faith.

Non-Payment

If your payment method fails or your account is overdue, we may:

  • Charge a late fee or interest on overdue amounts
  • Suspend or limit your access to the Service
  • Terminate your account after repeated failed payment attempts
  • Use a collection agency to recover outstanding balances

We will provide notice before taking any of these actions, except where prohibited by law.

11 Subscription & Billing

Subscription Plans

hutano offers various subscription plans with different features, limitations, and pricing. Details of current subscription plans are available on our website or upon request. By subscribing to a paid plan, you agree to the terms and conditions specific to that plan.

Subscription Term and Renewal

Subscriptions may be offered on a monthly, annual, or other periodic basis. Unless otherwise specified:

  • Subscriptions automatically renew for the same period unless canceled before the renewal date
  • Subscription fees are charged at the beginning of each billing period
  • Annual subscriptions may be eligible for discounted rates compared to monthly plans

Free Trials and Promotions

We may offer free trials or promotional periods for certain subscription plans. By enrolling in a free trial or promotion:

  • You agree that we may begin charging your payment method when the trial or promotion ends, unless you cancel before that date
  • You acknowledge that we will not send a separate notice when your trial or promotion ends
  • You understand that we may limit eligibility for free trials and promotions at our discretion

Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting customer support. Upon cancellation:

  • You will continue to have access to the Service until the end of your current billing period
  • We do not provide refunds for partial billing periods or unused portions of subscriptions
  • Any outstanding obligations to pay for services already rendered will remain in effect

Refunds may be provided in exceptional circumstances, at our sole discretion.

Price Changes

We reserve the right to change our subscription fees at any time. If we change the fees for your subscription:

  • We will notify you at least 30 days before the change takes effect
  • The new fees will apply to the next billing period after the notice period expires
  • You may cancel your subscription before the new fees take effect if you do not agree with the changes

Auto-Renewal Notice:

By subscribing to a paid plan, you authorize hutano to charge your payment method automatically at the beginning of each billing period. It is your responsibility to keep your payment information up-to-date and to cancel your subscription if you no longer wish to use the Service.

12 Termination

Termination by You

You may terminate your use of the Service at any time by:

  • Canceling your subscription through your account settings
  • Contacting customer support to request account closure
  • Ceasing all use of the Service and deleting any local copies of our mobile applications

Termination by hutano

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms
  • Failure to maintain eligibility requirements
  • Non-payment of fees
  • Engaging in fraudulent, illegal, or harmful activities
  • At the request of law enforcement or regulatory authorities

Effects of Termination

Upon termination of your account or these Terms:

  • Your right to access and use the Service will immediately cease
  • We may delete or retain your account information and content as required by law or as provided in our Privacy Policy
  • You remain liable for all amounts due under your account up to and including the date of termination
  • Healthcare Providers and Organizations must ensure appropriate transfer or retention of patient records in accordance with applicable laws and professional standards

Data Retention and Access After Termination

After termination:

  • We will retain PHI in accordance with HIPAA requirements and our BAAs with Covered Entities
  • Patients may request copies of their health information from their Healthcare Providers or Organizations
  • Healthcare Providers and Organizations may request export of their data, subject to applicable fees
  • We may maintain de-identified or aggregated data derived from User content indefinitely

Survival

The following provisions will survive termination of these Terms: Intellectual Property, Disclaimers & Limitations, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

13 Intellectual Property

hutano Intellectual Property

The Service, including its entire contents, features, and functionality, is owned by hutano, its licensors, or other providers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This includes but is not limited to:

  • The hutano name, logo, and all related names, logos, product and service names, designs, and slogans
  • Software, algorithms, user interfaces, visual interfaces, graphics, design, and layout
  • Text, images, videos, audio, and other media
  • Computer code, including HTML, CSS, JavaScript, and other code
  • Databases, data compilations, and data analytics

License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to:

  • Access and use the Service for its intended purposes
  • Download and install our mobile applications on your personal devices
  • Print reasonable portions of content from the Service for your personal, non-commercial use

Restrictions

You may not:

  • Copy, modify, create derivative works, distribute, publicly display, publicly perform, republish, or transmit any of the material on the Service without our explicit permission
  • Delete or alter any copyright, trademark, or other proprietary notices
  • Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Service
  • Use the Service to develop a competing product or service
  • Rent, lease, loan, sell, sublicense, or otherwise transfer your rights to the Service
  • Use any data mining, robots, or similar data gathering or extraction methods

Third-Party Intellectual Property

The Service may include content, features, or functionality licensed from third parties. All such third-party content, features, and functionality are protected by the intellectual property rights of their respective owners. Your use of such material may be subject to the terms of use or license agreements of those third parties.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please notify us by sending an email to legal@hutano.com with the following information:

  • A description of the copyrighted work that you claim has been infringed
  • The location on the Service where the allegedly infringing content appears
  • Your contact information, including name, address, telephone number, and email
  • A statement that you have a good-faith belief that the use is not authorized
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Healthcare Provider Responsibilities

As a Healthcare Provider using the Service, you agree to:

  • Maintain all required licenses, certifications, and credentials
  • Comply with all applicable laws, regulations, and professional standards
  • Keep your professional and contact information up to date
  • Accurately document patient encounters and medical information
  • Respond to patient communications within reasonable timeframes
  • Maintain appropriate professional boundaries in all patient interactions
  • Protect the confidentiality and security of patient information
  • Not misrepresent your qualifications, affiliations, or service offerings

Healthcare Organization Responsibilities

As a Healthcare Organization using the Service, you agree to:

  • Ensure that all Providers affiliated with your Organization comply with these Terms
  • Implement appropriate policies and procedures for the use of the Service
  • Train your personnel on proper use of the Service and privacy safeguards
  • Promptly update organization information, including mergers, acquisitions, or changes in ownership
  • Properly manage User accounts, access privileges, and permissions
  • Implement appropriate administrative, technical, and physical safeguards to protect PHI
  • Report any security incidents or unauthorized access to the Service

Prohibited Activities

All Users are prohibited from:

  • Using the Service for any unlawful purpose or in violation of any applicable laws or regulations
  • Attempting to gain unauthorized access to the Service or other Users' accounts
  • Uploading or transmitting viruses, malware, or other malicious code
  • Interfering with or disrupting the integrity or performance of the Service
  • Collecting or harvesting any information from the Service without authorization
  • Impersonating another person or entity or misrepresenting your affiliation with a person or entity
  • Engaging in any fraudulent, deceptive, or misleading activities
  • Using the Service to develop a competing product or service
  • Attempting to reverse engineer, decompile, or disassemble any portion of the Service

8 HIPAA Compliance

hutano is designed to be HIPAA-compliant and is committed to protecting the privacy and security of Protected Health Information (PHI). The following provisions apply to the handling of PHI through the Service:

Business Associate Relationships

When a Healthcare Provider or Healthcare Organization uses the Service, hutano acts as a "Business Associate" as defined by HIPAA. For Healthcare Organizations, our Business Associate Agreement (BAA) is incorporated by reference into these Terms. The BAA details our obligations regarding the use, disclosure, and safeguarding of PHI.

PHI Handling and Privacy

We will:

  • Use and disclose PHI only as permitted by the BAA, these Terms, our Privacy Policy, and applicable law
  • Implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of PHI
  • Report any unauthorized use or disclosure of PHI as required by law
  • Ensure that any subcontractors who access PHI agree to the same restrictions and conditions
  • Make PHI available as required for individuals to exercise their rights under HIPAA
  • Maintain appropriate documentation of disclosures as required by HIPAA

Healthcare Provider and Organization Obligations

Healthcare Providers and Organizations using the Service must:

  • Obtain all necessary patient consents and authorizations required by law
  • Only use the Service to transmit or store PHI for legitimate healthcare purposes
  • Implement appropriate access controls to ensure that only authorized personnel can access PHI
  • Comply with all applicable provisions of HIPAA and other privacy laws
  • Notify us promptly of any changes in your organization that affect your HIPAA status
  • Ensure that your use of the Service complies with your own privacy policies and notices

Patient Rights

Patients have certain rights regarding their PHI, including:

  • The right to access their PHI
  • The right to request corrections to their PHI
  • The right to receive an accounting of certain disclosures of their PHI
  • The right to request restrictions on the use and disclosure of their PHI
  • The right to receive communications by alternative means or at alternative locations

The Service includes features to help Healthcare Providers and Organizations comply with these patient rights. Patients should contact their Healthcare Provider or Organization directly to exercise these rights.

HIPAA Security Reminder:

The protection of PHI is a shared responsibility between hutano, Healthcare Providers, and Healthcare Organizations. All parties must maintain appropriate safeguards and follow security best practices when accessing, transmitting, or storing PHI through the Service.

9 User Content

Content Ownership

Users retain all ownership rights to the Content they upload, create, or share through the Service. By using the Service, you grant hutano a limited, non-exclusive, royalty-free, worldwide license to use, store, copy, modify, create derivative works from, display, perform, and distribute your Content solely for the purposes of providing, maintaining, and improving the Service.

Content Restrictions

You agree not to upload, share, or create Content that:

  • Infringes or violates any intellectual property rights or other rights of any third party
  • Violates any law, regulation, or contractual obligation
  • Contains software viruses or any other malicious code
  • Is deceptive, fraudulent, illegal, or misleading
  • Is defamatory, obscene, pornographic, vulgar, or offensive
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
  • Is violent or threatening or promotes violence or actions that are threatening to any person or entity
  • Contains PHI of individuals who have not authorized you to share their information

Content Review and Removal

While we do not regularly review User Content, we reserve the right to monitor, remove, or disable access to any Content that we determine, in our sole discretion, violates these Terms, applicable laws, or our policies. We are not obligated to review, screen, or edit any Content, but we may do so at any time and for any reason without notice.

Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose, including incorporating it into our products and services, without any compensation or obligation to you.

Data Retention and Deletion

We will retain User Content as described in our Privacy Policy and as required by law. Healthcare Providers and Organizations should maintain their own backup copies of important medical records and should not rely solely on the Service for record retention compliance.

Upon termination of your account, we will handle your Content as follows:

  • Patient accounts: We will retain PHI in accordance with applicable laws and regulations
  • Provider accounts: We will retain Content as necessary to comply with medical record retention requirements
  • Organization accounts: We will work with the Organization to ensure appropriate transition of Content

10 Payment Terms

The Service offers various payment options and features depending on User type and subscription level.

Patient Payment Options

As a Patient, you may make payments through the Service for:

  • Healthcare services provided by Healthcare Providers or Organizations
  • Appointment booking fees or deposits
  • Medical record management or transfer fees
  • Premium Patient account features, if applicable

The Service supports various payment methods, including credit cards, debit cards, HSA/FSA cards, and digital payment services. By providing payment information, you authorize us to charge the designated payment method for the specified amount.

Provider and Organization Payment Obligations

Healthcare Providers and Organizations may be charged for:

  • Subscription fees for access to the Service
  • Per-transaction fees for certain features
  • Implementation, training, and support services
  • Custom development or integration services

Fees are based on the subscription plan selected, the number of users, and the specific features utilized. Detailed pricing information is provided during the registration process or upon request.

Payment Processing

All payments are processed through secure third-party payment processors. By making a payment through the Service, you agree to the terms and privacy policies of these payment processors.

For payments to Healthcare Providers or Organizations, hutano acts as a payment facilitator and is not responsible for the healthcare services provided. Any disputes regarding the quality or provision of healthcare services should be addressed directly with the Healthcare Provider or Organization.

Insurance and Third-Party Payers

The Service may include features to submit claims to insurance companies or other third-party payers. However:

  • We do not guarantee coverage or reimbursement for any services
  • Users are responsible for verifying insurance coverage and benefits
  • Healthcare Providers and Organizations are responsible for accurate coding and billing
  • Patients remain responsible for any charges not covered by insurance

Refunds and Disputes

Refund policies vary depending on the type of payment:

  • Subscription fees: Refunds are issued in accordance with the specific terms of your subscription plan
  • Healthcare service payments: Refund policies are determined by the Healthcare Provider or Organization
  • Implementation and setup fees: These are generally non-refundable unless otherwise specified

If you dispute a charge, please contact us promptly at billing@hutano.com. We will work with you to investigate and resolve the issue.

11 Subscription & Billing

Subscription Plans

hutano offers various subscription plans for Healthcare Providers and Organizations. The specific features, limitations, and pricing of each plan are described in our current pricing information, which is available upon request or during the registration process.

Billing Cycles

Subscription fees are billed on a recurring basis (monthly, quarterly, or annually) depending on the plan selected. By subscribing to the Service, you authorize us to charge your payment method on a recurring basis until your subscription is canceled or terminated.

Billing cycles begin on the date you initially subscribe to the Service or as otherwise specified in your subscription agreement. For annual subscriptions, we may send a renewal notice before the renewal date.

Changes to Pricing and Plans

We reserve the right to change our subscription plans, features, and pricing at any time. If we change the pricing of your current subscription plan, we will notify you at least 30 days before the change takes effect. If you continue to use the Service after the price change takes effect, you will be charged the new price.

Cancellation and Upgrades

You may cancel or change your subscription at any time by contacting our customer support team or through your account settings. If you cancel your subscription:

  • For monthly subscriptions: Your subscription will continue until the end of the current billing period
  • For annual subscriptions: Refunds are issued according to our refund policy, which may be prorated based on the remaining subscription period

If you upgrade your subscription, the new subscription will begin immediately, and you will be charged a prorated amount for the remainder of the current billing period.

Taxes

All fees and charges are exclusive of applicable taxes, which will be added to your bill where required by law. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on hutano's net income.

Late Payments and Account Suspension

If your payment method is declined or if you fail to pay subscription fees when due:

  • We may attempt to charge your payment method again
  • We may suspend your access to some or all features of the Service
  • We may charge late fees or interest as permitted by law
  • We may terminate your account if payment issues are not resolved within a reasonable time

If your account is suspended due to non-payment, you will need to pay all past due amounts before your access is restored.

12 Termination

Termination by User

You may terminate your account at any time by following the termination procedures in your account settings or by contacting our customer support team. Upon termination:

  • Your access to the Service will be disabled
  • You will no longer be charged for subscription fees (subject to the billing terms above)
  • Your Content will be handled as described in the "Data Retention and Deletion" section

Termination by hutano

We may terminate or suspend your account and access to the Service at any time, with or without cause and with or without notice, for any reason, including but not limited to:

  • Violation of these Terms or any applicable laws
  • Failure to pay fees when due
  • Providing false or misleading information
  • Engaging in fraudulent or illegal activities
  • Using the Service in a manner that poses a security risk or could harm other Users
  • Extended periods of inactivity

Effects of Termination

Upon termination of your account for any reason:

  • All licenses and rights granted to you under these Terms will immediately cease
  • You must stop using the Service
  • Any outstanding payment obligations will become immediately due
  • Sections of these Terms that by their nature should survive termination will remain in effect

Data Transition for Healthcare Providers and Organizations

If you are a Healthcare Provider or Organization, upon termination of your account, we will:

  • Provide a reasonable opportunity for you to export your data in accordance with applicable laws and regulations
  • Work with you to ensure a smooth transition that maintains continuity of patient care
  • Retain data as required by applicable laws, regulations, and contractual obligations

You are responsible for making appropriate arrangements for the transition of patient care and for notifying patients of any changes in your use of the Service that may affect them.

Important Notice for Healthcare Providers:

Termination of your account does not relieve you of your legal and ethical obligations regarding the maintenance and protection of patient records. You should ensure that you have appropriate backup systems and transition plans in place before terminating your account.

13 Intellectual Property

hutano's Intellectual Property

The Service, including its software, website, mobile applications, features, functionality, content, documentation, and design, is owned by hutano and its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

The hutano name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of hutano or its affiliates. You may not use these marks without our prior written permission.

License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes. This license does not include the right to:

  • Copy, modify, create derivative works based on, distribute, publicly display, publicly perform, republish, download, store, or transmit the Service, except as expressly permitted
  • License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service
  • Access or use the Service through automated means, including scraping, data mining, robots, or similar data gathering methods
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices

Third-Party Intellectual Property

The Service may include content, software, or features provided by third parties. Such third-party materials are subject to their own terms and conditions and may be protected by intellectual property rights owned by the third parties that provide those materials.

Nothing in these Terms grants you any rights to use third-party intellectual property except as expressly provided by the third party or as permitted by applicable law.

Copyright Infringement

If you believe that any content on the Service infringes your copyright, please notify us by providing the following information:

  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on the Service
  • Your contact information, including address, telephone number, and email
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Notices of claimed copyright infringement should be sent to legal@hutano.com.

14 Disclaimers & Limitations

No Medical Advice

THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. THE SERVICE IS A TECHNOLOGY PLATFORM DESIGNED TO FACILITATE HEALTHCARE DELIVERY AND INFORMATION SHARING, BUT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

All medical content provided through the Service, including articles, guides, and educational materials, is for informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

No Warranty

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

hutano does not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUTANO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT WILL HUTANO'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED THE GREATER OF:

  • THE AMOUNT YOU HAVE PAID TO HUTANO FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR
  • ONE HUNDRED DOLLARS ($100.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HUTANO.

THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY EVEN IF HUTANO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some Jurisdictions Do Not Allow Exclusion of Implied Warranties

Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

Medical Emergencies:

THE SERVICE IS NOT FOR USE IN EMERGENCIES. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY SERVICES NUMBER, OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.

15 Indemnification

You agree to defend, indemnify, and hold harmless hutano, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service, including your Content and any activity under your account
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws, rules, or regulations
  • Any claim that your Content caused damage to a third party

This indemnification obligation will survive the termination of these Terms and your use of the Service.

16 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Clark County, Nevada, and you hereby consent to the personal jurisdiction and venue therein.

Notwithstanding the foregoing, hutano reserves the right to bring legal proceedings in any jurisdiction where it believes that infringement of its intellectual property rights or breach of these Terms is occurring.

17 Dispute Resolution

Informal Dispute Resolution

Before filing a claim against hutano, you agree to try to resolve the dispute informally by contacting us at legal@hutano.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days after the initial communication, either party may proceed to formal dispute resolution.

Agreement to Arbitrate

You and hutano agree to resolve any disputes through binding arbitration conducted by the American Arbitration Association (AAA) according to its Commercial Arbitration Rules, except as provided herein.

This agreement to arbitrate includes, but is not limited to:

  • Claims arising out of or relating to any aspect of the relationship between us
  • Claims that arose before this or any prior Terms
  • Claims that may arise after the termination of these Terms
  • Claims related to advertising or marketing

The arbitration will be conducted by a single neutral arbitrator and will take place in Las Vegas, Nevada, or another mutually agreeable location. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AND HUTANO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and hutano agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction. This arbitration agreement does not preclude you from:

  • Bringing issues to the attention of federal, state, or local agencies
  • Filing complaints with the Better Business Bureau
  • Seeking injunctive relief in a court of law to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights

Opt-Out Procedure

You can opt out of the arbitration and class action waiver provisions by emailing us at legal@hutano.com within 30 days of your first use of the Service, with your name, address, and a clear statement that you want to opt out of the arbitration and class action waiver provisions.

If you opt out, the remaining provisions of these Terms will continue to apply.

18 Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by:

  • Posting a notice on our website
  • Sending an email to the address associated with your account
  • Providing a notification through the Service

The updated Terms will be effective when posted or as indicated in the notice. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

For material changes affecting Healthcare Providers or Organizations subject to HIPAA, we will seek explicit acceptance of the updated Terms before you can continue to use the Service.

It is your responsibility to review these Terms periodically to stay informed of updates. If you do not agree to the revised Terms, you must stop using the Service.

19 Contact Information

If you have any questions about these Terms, please contact us at:

Hutano Health, Inc.
123 Healthcare Avenue, Suite 500
Las Vegas, NV 89101

Email: legal@hutano.com
Phone: (702) 625-7723

For general inquiries and customer support, please email support@hutano.com.

For HIPAA-related inquiries or to report a potential privacy breach, please email privacy@hutano.com.

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

We encourage you to print or save a copy of these Terms for your records.

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