Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the OmniWound EMR website (omniwound.com) and related services provided by OmniWound EMR ("we," "us," or "our"). By accessing or using our website, creating an account, or using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our website or services.

2. Service Description

2.1 Website Services

Our website provides information about OmniWound EMR, including:

• Product information and demonstrations
• Educational content and resources
• Customer support and documentation
• Account registration and management
• Marketing communications and newsletters

2.2 EMR Platform Overview

OmniWound EMR is a cloud-based electronic medical records platform designed specifically for wound care specialists. The platform includes:

• Patient record management and documentation
• Clinical workflow tools and templates
• Reporting and analytics capabilities
• Integration with third-party systems
• Mobile access and functionality

3. Account Registration

3.1 Account Creation

To access certain features of our website or services, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

3.2 Account Eligibility

You may create an account only if you:

• Are at least 18 years old
• Have the legal authority to enter into these Terms
• Are a healthcare professional or practice administrator (for EMR platform access)
• Provide accurate professional licensing information when required

3.3 Account Security

You are responsible for maintaining the security of your account and password. We recommend:

• Using strong, unique passwords
• Enabling multi-factor authentication when available
• Regularly reviewing account activity
• Logging out from shared or public devices

4. Website Usage

4.1 Permitted Use

You may use our website for lawful purposes only, including:

• Learning about our products and services
• Accessing educational resources and documentation
• Requesting demonstrations or information
• Managing your account and subscriptions
• Communicating with our support team

4.2 Geographic Restrictions

Our services are intended for use within the United States only. Access from other countries may be limited or prohibited.

4.3 Third-Party Links

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of use of third-party sites.

5. Payment and Billing

5.1 Subscription Services

OmniWound EMR is offered as a subscription-based service with the following general terms:

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise specified
• Pricing is subject to change with 30 days' notice
• Detailed pricing and billing terms are provided in your Software License Agreement

5.2 Payment Methods

We accept the following payment methods:

• Credit cards (Visa, MasterCard, American Express)
• ACH bank transfers
• Wire transfers (for annual subscriptions)

5.3 Late Payments

Late payments may result in:

• Service suspension after 30 days past due
• Late fees as specified in your Software License Agreement
• Collection activities for seriously delinquent accounts

5.4 Taxes

You are responsible for all applicable taxes related to your use of our services, including sales tax, use tax, and VAT.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our website and in our software, including but not limited to text, graphics, logos, software code, and functionality, is owned by OmniWound EMR or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use our website for its intended purpose
• Use our software in accordance with your Software License Agreement
• Download and print materials for your internal business use

6.3 Restrictions

You may not:

• Copy, modify, or distribute our software or website content
• Reverse engineer, decompile, or disassemble our software
• Remove or modify any proprietary notices or labels
• Use our trademarks without written permission
• Create derivative works based on our intellectual property

6.4 User Content

You retain ownership of any content you submit through our website (such as support requests or feedback). By submitting content, you grant us a license to use, reproduce, and display such content for the purpose of providing our services.

7. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

7.1 Illegal Activities

• Using our services for any unlawful purpose
• Violating any applicable laws or regulations
• Infringing on the rights of others

7.2 Security Violations

• Attempting to gain unauthorized access to our systems
• Interfering with the security features of our services
• Distributing malware or other harmful code
• Conducting security testing without written permission

7.3 Misuse of Services

• Using our services to send spam or unsolicited communications
• Impersonating other individuals or entities
• Submitting false or misleading information
• Overloading our systems or interfering with other users

7.4 Healthcare-Specific Violations

• Using our platform without proper professional licensing
• Violating HIPAA or other healthcare privacy laws
• Sharing patient information inappropriately
• Using our platform for fraudulent billing or documentation

8. Disclaimers and Warranties

8.1 Website Disclaimer

Our website and general services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

8.2 EMR Platform Warranties

Specific warranties and service level commitments for the EMR platform are detailed in your Software License Agreement and Service Level Agreement.

8.3 Third-Party Services

We disclaim any warranties related to third-party services, integrations, or websites that may be accessible through our platform.

9. Limitation of Liability

9.1 General Limitation

To the maximum extent permitted by law, OmniWound EMR shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Loss of business opportunities
• Personal injury or property damage

9.2 Maximum Liability

Our total liability for any claims arising from these Terms or your use of our website shall not exceed the amount you have paid us in the 12 months preceding the claim.

9.3 Healthcare Limitation

We shall not be liable for any medical malpractice claims, patient care decisions, or clinical outcomes. Healthcare providers assume full responsibility for all medical decisions and patient care.

9.4 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Contacting our customer support team
• Following the cancellation process in your account dashboard
• Providing written notice of termination

10.2 Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice, for:

• Violation of these Terms
• Non-payment of fees
• Illegal or fraudulent activity
• Security breaches or policy violations

10.3 Effect of Termination

Upon termination:

• Your right to access our services will cease immediately
• You remain liable for all fees incurred prior to termination
• Data export procedures are governed by your Software License Agreement
• Provisions regarding intellectual property, liability, and disputes will survive

11. Governing Law and Disputes

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.

11.2 Jurisdiction

Any legal disputes arising from these Terms shall be resolved in the state or federal courts located in Bergen County, New Jersey.

11.3 Dispute Resolution

Before filing any lawsuit, the parties agree to attempt good faith resolution through:

• Direct negotiation between the parties
• Mediation with a mutually agreed mediator
• Binding arbitration if mediation fails (for disputes under $50,000)

11.4 Class Action Waiver

You agree that any disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

12. Updates to Terms

12.1 Modification Process

We may update these Terms from time to time to reflect:

• Changes in our services or business practices
• Legal or regulatory requirements
• Industry best practices
• Security or technical improvements

12.2 Notice of Changes

We will provide notice of material changes by:

• Email notification to registered users
• Prominent notice on our website
• In-platform notifications for EMR users
• 30 days' advance notice for material changes

12.3 Acceptance of Changes

Your continued use of our services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use of our services.

12.4 Current Version

The current version of these Terms is always available on our website at omniwound.com/terms.html with the effective date clearly marked.

13. Contact Information

For questions about these Terms of Service or to report violations, please contact us:

Additional Contacts

• General Support: kyu@omniwound.com
• Sales Inquiries: fgoncalv@omniwound.com
• Privacy Concerns: privacy@omniwound.com
• Security Issues: security@omniwound.com

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These Terms of Service are effective as of September 17, 2025. OmniWound EMR reserves the right to modify these terms at any time in accordance with the procedures outlined above.