Terms of Service

Effective date: 07/25/2036 · These Terms govern use of the AttestRx website and the AttestRx service. For service clients, the Order, these Terms, the Business Associate Agreement, and the Off-Boarding & Data Export Policy together form the agreement; the BAA controls as to Protected Health Information.

1. What AttestRx Is

AttestRx ("AttestRx," "we") provides controlled-substance documentation software for medical practices ("Client," "you"): patient signature capture at the point of care, tamper-evident record storage, inventory tracking and reconciliation, audit reporting, and, where applicable, automated state prescription-monitoring-program submissions.

2. Accounts and Access

Account administrators are responsible for the accuracy of account information, for managing user access and roles, and for maintaining the confidentiality of credentials and kiosk PINs. You will notify us promptly of any suspected unauthorized access.

3. Subscription, Billing, and No Long-Term Contract

• Service is month-to-month at the then-current published rate per location. There is no minimum term and no termination fee. You may cancel at any time, effective at the end of the current paid period.
• An optional annual prepayment (equivalent to ten months) is available as a payment election, not a term commitment; unused full months are refundable on cancellation.
• Payments are processed by Stripe by ACH debit or card; you authorize recurring charges. If payment fails after retries, service may suspend after 21 days of non-payment. Your records remain intact and exportable during suspension.
• One-time fees: onboarding & EMR connection (non-refundable once onboarding work begins) and kiosk hardware per Section 5.
• Rate changes take effect on 60 days' written notice and never apply retroactively. Rate locks granted in writing survive general changes for the covered location(s).

4. Service Levels

• Uptime target: 99.5% monthly availability of the portal and record-intake API, excluding scheduled maintenance announced at least 48 hours in advance.
• Offline continuity: the kiosk is designed to capture and locally protect signature records during internet or platform outages and to synchronize automatically on reconnection.
• Support: support requests are acknowledged within one business day; capture-blocking issues are prioritized the same business day.
• Sole remedy: for any calendar month below the uptime target, your exclusive remedy is a service credit of 10% of that month's subscription fee for the affected location, on request within 30 days.

5. Hardware: Purchase, Warranty, Returns

• Kiosk hardware is sold outright at the published price, delivered, mounted, configured, and tested by AttestRx ("installed"). Title passes on delivery; risk of loss passes on installation.
• 30-day replacement: a kit that fails within thirty (30) days of installation is replaced at no charge.
• Days 31–365: hardware defects are covered by the device manufacturer's warranty; AttestRx facilitates the claim and configures and installs the replacement at no service charge.
• Workmanship: mounting and configuration are warranted for ninety (90) days.
• Returns: hardware is configured to your account and site and is non-refundable once installed. Uninstalled, unopened kits may be returned within 14 days, less shipping.
• Exclusions: physical or liquid damage, theft, unauthorized modification, or use outside the kiosk configuration. You are responsible for the physical security of installed devices.

6. Your Responsibilities

• Maintain all required registrations and licenses (DEA and state) and determine your own reporting obligations.
• Provide accurate drug, lot, provider, and DEA registration data; verify patient identity at the point of signature; keep devices physically secure and powered; maintain reasonable network service.
• Use the Service only for lawful clinical documentation, and do not enter patient information into fields or channels (including support chat) beyond what the workflow requests.

7. Your Data

You own your records. AttestRx processes Protected Health Information solely as your business associate under the BAA executed at onboarding. Records are encrypted in transit and at rest on HIPAA-eligible infrastructure; signature evidence is held in write-once storage with a cryptographically chained audit log. You may request a full export at any time, and the Off-Boarding & Data Export Policy applies at termination — including our commitment that records are never withheld in a billing dispute.

8. Acceptable Use

You will not attempt to probe, disrupt, or gain unauthorized access to the Service or other tenants' data; resell the Service; or use it to violate law. We may suspend access that presents a security risk, with notice where practicable.

9. Disclaimers and Limitation of Liability

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. EXCEPT FOR BREACH OF THE BAA OR YOUR PAYMENT OBLIGATIONS, EACH PARTY'S AGGREGATE LIABILITY IS CAPPED AT THE FEES PAID OR PAYABLE FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Termination

Either party may terminate for convenience effective at the end of the current paid period. We may suspend or terminate for non-payment or material breach after notice and 15 days to cure. On termination, the Off-Boarding & Data Export Policy governs the return, archival, or certified destruction of your data.

11. General

These Terms are governed by Arizona law, venue in Maricopa County, Arizona. If any provision is unenforceable, the remainder stands. We may update these Terms with notice; continued use after the effective date constitutes acceptance. Notices to AttestRx: [email protected].

Questions about these Terms? Write to us — plain-language answers, no runaround.