Terms of Service

1. Acceptance

By using HIPAAPath ("the Application"), you agree to these Terms of Service. If you do not agree, do not use the Application.

By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

2. Accessing the Application

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide is correct, current, and complete. You agree that all information you provide to register is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy (if any).

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your username, password, or other security information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

3. Subscriptions; Purchases and Payment

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription.

All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below or through the Application. Your cancellation will take effect at the end of the current paid term.

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Application. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse or cancel any order placed through the Application.

4. Self-Help Tool — Not Legal or Regulatory Advice

The Application generates documentation to assist you in organizing and reflecting on your security safeguards. Completing an audit through HIPAAPath does not constitute a formal HIPAA risk analysis under 45 CFR § 164.308(a)(1), though it is designed to be substantially aligned with NIST SP 800-66r2 guidance. You are responsible for consulting qualified legal and compliance professionals to assess your specific situation.

Output from this tool uses the language "Safeguard Documented" or "Safeguard Completed" — not "HIPAA Compliant" — because compliance is a legal determination made by qualified professionals or regulatory authorities.

HIPAAPath is not a covered entity or business associate under HIPAA, and your use of the Application does not create a business-associate relationship between you and HIPAAPath. Because you do not enter Protected Health Information into the tool, no business associate agreement (BAA) is required or offered.

5. Permitted Use

You may use HIPAAPath to:

• Document your practice's security safeguards for internal audit purposes.
• Generate a Security Risk Analysis & Management Manual for your own records.
• Identify security gaps and build a remediation plan.

You may not use HIPAAPath to:

• Enter, store, or transmit patient Protected Health Information (PHI).
• Misrepresent the output as a certified compliance report to regulators, payers, or business associates.
• Reverse engineer, scrape, or resell the Application.
• In any way violate any applicable federal, state, local, or international law or regulation.

Additionally, you agree not to:

• Use any device, software, or routine that interferes with the proper working of the Application.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Otherwise attempt to interfere with the proper working of the Application.

6. Your Data

All audit data you create is stored in your own Google Drive. You own it. We do not claim any rights to your data. See our Privacy Policy for details.

7. Intellectual Property Rights

The Application and its entire contents, features, and functionality are owned by TDM Technologies, LLC (the “Company”), its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.

No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Company name, the term “HIPAAPath”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.

8. Disclaimer of Warranties

The Application is provided "as is" without warranty of any kind, express or implied. The Company does not warrant that the Application is error-free, that regulatory requirements will not change, or that use of the Application will result in any particular regulatory outcome.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation of Liability

To the maximum extent permitted by law, TDM Technologies LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Application, including any regulatory fines or penalties.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company, 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 or your use of the Application.

11. Changes to These Terms

We may update these Terms. Continued use of the Application after changes constitutes acceptance of the updated Terms. The effective date above reflects the most recent revision.

12. Governing Law and Jurisdiction

All matters relating to the Application and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Contact

For questions, contact TDM Technologies LLC at legal@hipaapath.com.