Application Terms of Service
Application Terms of Service
These Application Terms of Service govern access to and use of the PharmPro Service at app.pharmpro.ai, including account responsibilities, healthcare and AI disclaimers, billing, data ownership, acceptable use, and the legal framework that applies to the Service.
1. Who These Terms Apply To
These Terms of Service ("Terms") govern access to and use of the PharmPro platform located at app.pharmpro.ai and related APIs, integrations, and support workflows (collectively, the "Service"), operated by Brechin Advisors LLC d/b/a PharmPro.ai ("PharmPro," "we," "us," or "our").
If your organization has executed an order form, master services agreement, business associate agreement, or other written commercial document with us (collectively, a "Commercial Agreement"), that Commercial Agreement controls to the extent of any conflict with these Terms.
The Service is offered for authorized organizational use by healthcare facilities and similar healthcare organizations. If you access the Service on behalf of a Customer organization, you represent that you have authority to bind that organization to these Terms, and the Customer organization is responsible for the acts and omissions of its authorized users.
2. Account Creation and Responsibilities
- Use the Service only for lawful incident-management, quality, compliance, and related operational purposes within the scope of your organization's authorization and your assigned role.
- Authenticate only through your assigned work email address and the authentication methods made available by PharmPro. Do not share accounts, forward authentication links for another person's use, or allow any other person to access your account.
- Provide accurate and complete account, billing, organization, and facility information and keep it current.
- Assign user roles and facility access in accordance with the principle of least privilege and promptly revoke or modify access when a workforce member changes roles or no longer requires access.
- Notify PharmPro promptly at security@pharmpro.ai if you suspect unauthorized access, identify a vulnerability, or become aware of any security incident involving the Service.
- Remain responsible for your organization's compliance obligations, including workforce training, notice and authorization practices, reportability determinations, and organizational access-control policies.
3. Service Description
PharmPro is a cloud-based healthcare incident-management platform that enables healthcare organizations to report, investigate, track, analyze, and resolve incidents. Depending on plan and configuration, the Service may include:
- Incident reporting through web forms, Lauren AI-assisted chat, email ingestion, and any enabled voice-intake workflow.
- Incident lifecycle management, including draft, review, approval, corrective action, and closure workflows.
- AI-assisted tools for conversational reporting, form assistance, narrative drafting, document extraction, risk analysis, pattern recognition, and analytics support.
- Role-based access control and facility-level data isolation.
- Audit logging of user and AI-assisted activity.
- PDF generation for incident records, QAPI summaries, and related reports.
- Analytics and reporting features, including trend analysis and summary views.
4. Healthcare Workflow and AI Disclaimers
- PharmPro is not emergency response software, a 911 service, a medical device, or a substitute for emergency medical services. In an emergency, call 911 or the appropriate emergency service immediately.
- The Service does not provide medical advice, legal advice, regulatory certification, or professional judgment of any kind.
- Lauren and other AI-assisted features are designed to support drafting, summarization, extraction, analysis, and workflow efficiency. AI-generated output may be incomplete, inaccurate, outdated, or unsuitable for a particular use case.
- All AI-generated content, including draft narratives, risk assessments, summaries, extracted data, and suggested actions, must be reviewed, validated, and approved by qualified, authorized personnel before use, reliance, submission, or inclusion in official records.
- PharmPro does not guarantee any clinical outcome, survey result, regulatory determination, legal protection, or compliance status.
- Customers remain solely responsible for patient and resident care, reportability determinations, governmental or accreditor notifications, investigations, root-cause analyses, corrective action implementation, and overall legal and regulatory compliance.
5. Customer Data and Ownership
As between the parties, the Customer retains all right, title, and interest in and to the data it submits to the Service ("Customer Data"), including any protected health information contained in that data.
The Customer represents and warrants that it has all rights, permissions, and authority necessary to submit Customer Data to the Service and that its submission and processing of Customer Data through the Service complies with applicable law, internal policy, and any required notices, consents, or authorizations.
PharmPro may use aggregated or de-identified information that does not reasonably identify any individual and does not constitute protected health information for lawful product, analytics, benchmarking, and service-improvement purposes.
6. HIPAA and Protected Health Information
When PharmPro processes protected health information on behalf of a Covered Entity or other regulated healthcare customer, PharmPro acts as a Business Associate or comparable service provider as defined by applicable law and contract.
Customers must execute an appropriate Business Associate Agreement or other required healthcare-data agreement before submitting protected health information to the Service.
In the event of any conflict between these Terms and a BAA regarding the handling of protected health information, the BAA controls.
- Protected health information may be submitted only through the authenticated Service, authorized APIs, designated email-ingestion workflows, and any enabled voice-intake workflow approved by PharmPro.
- Protected health information must not be submitted through the public marketing website, demo-request forms, general support channels, or any other workflow not designated for regulated healthcare data.
- Questions about healthcare-data contracting may be directed to privacy@pharmpro.ai.
7. Billing, Subscriptions, and Payment
Billing, subscription management, and payment processing are handled through Stripe. Pricing, plan limits, feature availability, renewal terms, and payment obligations are described in the applicable checkout flow, order form, or other Commercial Agreement.
- Unless otherwise stated in a Commercial Agreement, subscription fees are due in advance on a monthly or annual basis, as selected during checkout.
- Late payments may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less.
- Upgrades may take effect immediately or at the start of the next billing cycle, depending on the applicable plan. Downgrades generally take effect at the end of the then-current billing period.
- PharmPro may suspend or limit access to the Service if payment remains overdue for more than fifteen (15) days after the due date. PharmPro will provide at least five (5) days' written notice before suspension for nonpayment where practicable.
- Unless a Commercial Agreement expressly provides otherwise, fees are non-refundable to the maximum extent permitted by law.
- Fees are exclusive of applicable taxes, and the Customer is responsible for sales, use, value-added, and similar taxes, excluding taxes based on PharmPro's net income.
8. Restrictions
- You may not use the Service in violation of any applicable law, regulation, privacy obligation, healthcare-data restriction, or third-party right.
- You may not interfere with the integrity, availability, performance, or security of the Service or any other customer's data or use of the Service.
- You may not attempt to access data belonging to another organization or facility, circumvent authentication or access controls, or probe for vulnerabilities without PharmPro's prior written authorization.
- You may not submit regulated healthcare data through the public marketing website, demo-request forms, general support channels, or any workflow not designated by PharmPro for such data.
- You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service except to the extent such restriction is prohibited by non-waivable law.
- You may not sublicense, resell, redistribute, or make the Service available to third parties outside your organization's authorized user base without PharmPro's prior written consent.
- You may not use the Service to build, benchmark, or train a competing product without PharmPro's prior written consent.
- You may not remove, alter, or obscure proprietary notices, labels, or marks on the Service.
9. Intellectual Property
PharmPro retains all right, title, and interest in and to the Service, including its software, interfaces, designs, workflows, prompts, documentation, branding, and related intellectual property. These Terms grant only a limited right to access and use the Service in accordance with these Terms and the applicable Commercial Agreement.
If you or your users submit feedback, suggestions, or enhancement requests regarding the Service, PharmPro may use that feedback without restriction or compensation unless a Commercial Agreement provides otherwise.
10. Suspension, Termination, and Data Export
PharmPro may suspend or limit access to all or part of the Service when reasonably necessary for security response, billing enforcement, legal compliance, investigation of misuse, or material violation of these Terms. Where circumstances permit, PharmPro will provide reasonable notice and will work in good faith to minimize avoidable disruption.
The Customer may stop using the Service at any time, subject to any minimum term, cancellation procedure, or notice requirement in the applicable Commercial Agreement.
Upon termination, the Customer may request export of Customer Data in a standard format during the post-termination period specified in the Commercial Agreement or, if none is specified, during a reasonable period following termination.
- Subscription fees for the current billing period are not refunded upon early termination unless a Commercial Agreement expressly provides otherwise.
- PharmPro may terminate access upon written notice or immediately in cases of material breach, unlawful activity, or failure to cure a curable breach within an applicable cure period.
- Post-termination retention, deletion, return, and destruction of Customer Data are governed by the applicable Commercial Agreement, the BAA if applicable, and law, including any legally required retention of audit logs or regulated records.
11. Confidentiality
Each party may receive confidential or proprietary information from the other in connection with the Service ("Confidential Information"). Confidential Information includes Customer Data, protected health information, technical information, pricing, product plans, and other information that a reasonable person would understand to be confidential.
Each party agrees to use the other party's Confidential Information only as necessary to perform its obligations or exercise its rights under these Terms, to protect Confidential Information with no less than reasonable care, and not to disclose Confidential Information except as permitted by these Terms, the applicable BAA, or written consent.
These obligations do not apply to information that is lawfully public, already known without restriction, independently developed without reference to the Confidential Information, or disclosed pursuant to valid legal process, provided that notice is given where legally permitted.
12. Disclaimers
EXCEPT AS EXPRESSLY SET FORTH IN A COMMERCIAL AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHARMPRO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR SECURITY.
PHARMPRO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VULNERABILITY-FREE, OR SUITABLE FOR ANY PARTICULAR REGULATORY, CLINICAL, COMPLIANCE, OR LEGAL PURPOSE.
AI-GENERATED OUTPUTS ARE PROVIDED AS DRAFT SUGGESTIONS ONLY AND ARE NOT WARRANTED FOR ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS PROVIDED IN A COMMERCIAL AGREEMENT, PHARMPRO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF NO FEES HAVE BEEN PAID.
- These limitations apply to all causes of action in the aggregate and regardless of the form of action.
- Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited, including liability for fraud, intentional misrepresentation, gross negligence, willful misconduct, or certain confidentiality or personal-injury claims where applicable law so requires.
14. Indemnification
The Customer will indemnify, defend, and hold harmless PharmPro and its officers, directors, employees, agents, and affiliates from third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or relating to the Customer's unlawful use of the Service, violation of these Terms, violation of law, or Customer Data submitted to the Service.
PharmPro will indemnify, defend, and hold harmless the Customer from third-party claims alleging that the Customer's authorized use of the Service infringes a valid United States patent, copyright, or trademark, subject to prompt notice, PharmPro's control of the defense, and the Customer's reasonable cooperation.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware. Each party consents to personal jurisdiction and venue in those courts and waives any objection based on inconvenient forum.
16. Changes to These Terms
PharmPro may revise these Terms from time to time to reflect changes in the Service, business practices, or legal requirements. When we make material changes, we will update the effective date at the top of this page and provide notice to Customer administrators by email or in-application notice at least thirty (30) days before the changes take effect where reasonably practicable.
Continued use of the Service after revised Terms take effect constitutes acceptance of the revised Terms. If the Customer does not agree to revised Terms, it must discontinue use of the Service before the effective date of the changes, subject to the applicable Commercial Agreement.
17. General Provisions
- These Terms, together with the Privacy Policy, any applicable Commercial Agreement, and any BAA, constitute the entire agreement of the parties concerning the Service and supersede prior or contemporaneous discussions on that subject matter.
- The Customer may not assign these Terms without PharmPro's prior written consent. PharmPro may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all assets related to the Service.
- Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, pandemics, government action, widespread telecommunications failure, or cyberattacks, provided the affected party uses reasonable efforts to mitigate the impact.
- Notices to PharmPro should be sent to support@pharmpro.ai or to the address identified in the applicable Commercial Agreement. Notices to the Customer may be sent to the designated administrator email address on file.
- These Terms do not create third-party beneficiary rights.
18. Contact Us
These Terms are entered into with Brechin Advisors LLC d/b/a PharmPro.ai.
- Legal and terms-related questions: support@pharmpro.ai
- Privacy inquiries: privacy@pharmpro.ai
- Security reports: security@pharmpro.ai