Terms Of Use

1. Definitions

1.1 “Customer” refers to the individual establishing the Account, the owner of the Practice, and any other entity or person on whose behalf the Account is created. All such entities and individuals share joint and several obligations under these Terms of Use. The Customer bears responsibility for the obligations and activities related to the Account, encompassing, but not limited to, those of all Users and Team Members within the Account. The term "Account Owner" applies both in singular and plural. In this Agreement, QHSLab and the Customer are individually referred to as a "Party" and collectively as the "Parties".

1.2 “Team Member” refers to the staff of the Customer or other service providers who are granted access to the Customer's Account with the authorization of the Customer.

1.3 “Platform” shall mean our website which is accessible at [https://my.QHSLab.com] and any other websites through which QHSLab makes the platform available (collectively, the “Site") with any other websites, features, software or services provided, owned, or operated by QHSLab that link to these Terms are, collectively, the “Services”.

1.4 “Updates​” shall mean enhancements, bug fixes, updates and new versions made to the QHSLab Platform by QHSLab and provided to the Customer by QHSLab.

1.5 “Support” means the free, community-based online help forums sponsored by us and fee-based individualized help with the Services that may be available to you by email, calls or other communication modes available now or on the future, at QHSLab’s sole option.

1.6 “Applicable Laws​” shall mean all laws, regulations, regulations, orders, administrative directives, treaties, conventions and / or judicial or administrative decisions of any governing body having jurisdiction over the Services, the Customer and/or the Customer's use of the Services.

1.7 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time.

1.8 “Protected Health Information” or “PHI” means protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103.

1.9 “Transaction Data” encompasses Customer information, User Data, Payment Data, transaction information, account information, or any other data or information. This information is provided by or generated or collected on your behalf, or on behalf of your patients or clients, through the Service.

1.10 “User Data” means any data that you or your clients or patients upload, stream or submit to the Platform, or other areas of the Service, or generated or collected on your behalf from the Platform, the Service or third parties, including but not limited to Protected Health Information and Transaction Data.

2. Agreement Between You and QHSLab

2.1 Please carefully read the following Terms of Use (the “Terms”). By accessing our platform and/or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as the terms and conditions outlined in our Service Agreement and Privacy Policy. This agreement applies when using any QHSLab Services (collectively, the “Services”) offered by QHSLab (referred to collectively as either "QHSLab", "we", "us", or "our").

2.2 The terms “you” and “your,” for the purposes of these Terms, refer to both you in your individual capacity and, if applicable, the company or other legal entity you represent and on whose behalf you use the Service.

2.3 To use the Service, you must agree to these Terms. You can do so by clicking the “I Accept” box or by actually using our Services. You acknowledge and agree that QHSLab will consider your use of the Service as acceptance of these Terms from the moment you first use the Service.

2.4 In case of any conflict between the provisions of these Terms of Use and the Service Agreement we sign with the Customer, the provisions of the Service Agreement will take precedence.

3. General Terms & Conditions

3.1 You are responsible for maintaining the security of your usage to our services. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3.2 You agree that to the extent you provide information including personal information to QHSLab it will be true, accurate, current, and complete and that you will update all information as necessary.

3.3 You are responsible for all content posted and activity that occurs under your identity including activities of your Team Members and Users.

3.4 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company employee or officer will result in immediate action by the company.

3.5 The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

3.6 The Company hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the. All rights not expressly granted to you are reserved by QHSLab.

3.7 You acknowledge that Your participation in the Service, including your creation or uploading of Content in the Service, does not make You a QHSLab employee and that You do not expect to be, and will not be, compensated by QHSLab for such activities, and You will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement. There are no third party beneficiaries, intended or implied, under this Agreement.

4. Privacy, PHI and User Data

4.1 Privacy. We shall use Your Data only as permitted by Privacy Laws, our Privacy Policy and this Agreement. You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, use and disclose Your Data including personal data. If you do not agree with our Privacy Policy, then you must stop using the Services immediately. We encourage you to periodically review our Privacy Policy as it may change from time to time.

4.2 Regarding the User Data you upload or submit to, or that is generated by, the Service, you confirm, declare, and guarantee that you either own or possess all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize QHSLab to use, store, duplicate, and process the User Data within the Service and as described in this Agreement. By uploading or submitting any Content through the Service and allowing Your Users (including clients and patients) to upload Transaction Data into the Service, you automatically grant QHSLab (and its affiliates) a non-exclusive, global, royalty-free, sublicensable, and transferable license to utilize, reproduce, distribute, create derivative works from, perform, and display the User Data and Transaction Data (including User Data and Transaction Data created, collected, or generated by the Service or QHSLab using the User Data and Transaction Data you provide). This license is solely for the purpose of providing the Service. You agree that the license also covers the right to copy, analyze, and utilize any of Your User Data and Transaction Data as deemed necessary or desirable by QHSLab for debugging, testing, support, development services, or future enhancements of the Service. This license is referred to as the "Service Data License." Furthermore, you acknowledge that the Service Data License pertaining to your content will continue even after your Account is terminated to allow QHSLab: (i) to retain server copies of specific instances of Your User Data, including copies stored for backup, debugging, and testing purposes; and (ii) to exercise the licenses granted in this section for any other copies or instances of the same User Data not explicitly deleted from the Service. Despite any contrary provisions stated herein or in any payment processing agreement between you and the payment processor (such as Stripe and Zoho), you also grant QHSLab (and its affiliates) an irrevocable, perpetual, royalty-free, assignable license, authority, and permission to obtain, copy, and use all of Your Transaction Data and User Data from payment processors, banks, card and ACH processors, and gateway providers supporting the Service, upon QHSLab's request, without prior notice to you, for the purpose of providing you with the Service.

4.3 QHSLab will not sell any Personal Information found in your User Data. QHSLab will not retain, employ, or reveal the Personal Information you provide about your patients and clients unless it is for the specific purpose of fulfilling our obligations under the terms of our Service Agreement, which includes providing and enhancing the Service as outlined in the Service Agreement. Moreover, QHSLab will not preserve, utilize, or disclose Personal Information about your patients and clients outside of our direct business or contractual relationship with you or the legal entity under which you practice or are employed.

4.4 We will not utilize PHI in any manner that is inconsistent with these Terms of Use, the BAA (as defined below), or prohibited by applicable law, such as HIPAA.

4.5 It is your duty to comply with all relevant privacy and data protection laws and ensure that you have provided all necessary notices and obtained all required consents (including third-party access) from your users, patients, and clients. You must also guarantee that the User (including but not limited to your patients and clients) has agreed to the collection and access of their User Data (including PHI) by you, us, and, if applicable, other third parties. QHSLab does not offer legal or compliance advice, and you must seek competent legal counsel and advisors for these matters.

4.6 You acknowledge that you bear responsibility for all information and User Data entered into the Service by you and those under your Account (including clients, patients, and Team Members).

4.7 In the event that we receive a subpoena, court order, or other legal request requiring the disclosure of any User Data (including PHI) belonging to your patients or clients, or any of your data or information, we will inform you about the existence of such subpoena, court order, or legal request before disclosing the PHI or other data or information, unless a court of competent jurisdiction orders us not to do so, law enforcement requests us not to do so, or our legal counsel advises that prior notification is unnecessary or in violation of applicable law.

4.8 If this Agreement is terminated due to your cancellation, breach, or as otherwise stated in these Terms of Use, the Service includes an export feature that allows you to retrieve your User Data contained within the Service before the account termination date. It is solely your responsibility to export a file or files containing the User Data from your Account prior to the account termination date and to securely preserve User Data (including PHI) for your clients and patients in accordance with federal and state laws. QHSLab will dispose of the User Data for your Account as outlined in Section 7 of these Terms of Use.

5. Business Associate Agreement

For purposes of complying with the requirements of HIPAA to the extent applicable, You and QHSLab agree to be bound by each of the terms and provisions of the QHSLab Business Associate Agreement, which can be found at Link-For-BAA (the “BAA”) and which is incorporated in full by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail.

6. Service Use Restrictions

6.1 You hereby represent and warrant that you will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or otherwise attempt to gain unauthorized access to any portion or feature of the Services, Platform, or any other systems or networks connected to the Services, or to any QHSLab server, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Services or any transaction being conducted on our websites or through the Service, or with any other person’s use of the Services; (d) breach any security measures implemented on our websites or in the Service; (e) track or seek to trace any information on any other person who uses the Service; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to QHSLab in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons; (i) use the Service for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; (j) upload or otherwise process any malicious content to, or through, the Service; (k) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the any QHSLab proprietary software used to provide, maintain, or otherwise applicable to, the Service, or made available to you in connection with the Service. You hereby agree that you will notify QHSLab if you become aware that the Services is being used for any illegal or unauthorized purpose.

6.2 You hereby agree that you will notify QHSLab if you become aware that the Services is being used for any illegal or unauthorized purpose.

7. Your Content

7.1 You hereby agree that you are solely responsible and liable for any and all information (collectively” Content”) that you store, transmit, or otherwise use in connection with the Service, and for all activities that occurs under your account, and for the consequences of your actions in connection with such Content and your use of the Service. You agree that QHSLab has no responsibility to you or to any third party in connection with such Content. You are solely responsible for any losses or damage suffered by QHSLab in connection with your Content. You hereby represent and warrant that you will not store or otherwise use any Content in connection with the Service that: (a) violates these Terms; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violates any third party’s copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invades or interferes with the rights of privacy or publicity of any person; or (f) contains a virus, malicious code or any other harmful component.

7.2 QHSLab reserves the right, at any time in its sole discretion and without notice to you, to review, monitor, flag, filter, update or remove any or all Content from the Service, but QHSLab has no obligation to do so. You agree to immediately take down, delete or modify any Content that is stored by you through the Service that violates these Terms or any applicable laws, rules, or regulations, including pursuant to a take down, deletion or modification request from QHSLab. In the event that you elect not to comply with a request from QHSLab to take down, delete or modify certain Content, QHSLab reserves the right to directly take down, delete or modify such Content. QHSLab assumes no liability or responsibility arising from your activities in connection with the Service, including, without limitation, Content that you store or otherwise use in connection with Service.

7.3 QHSLab claims no ownership or control over your right, title and interest in your Content. You retain copyright and any other intellectual property and other proprietary rights you already hold in your Content, and you are solely responsible for protecting those rights, as you deem appropriate. By submitting, storing, recording, or otherwise using your Content in connection with the Service, you hereby grant QHSLab a worldwide, royalty-free, fully-paid-up, non-exclusive license to reproduce, analyze, modify, distribute, and otherwise use such Content for the purpose of enabling QHSLab to provide the Service to you, including, without limitation, storing and retrieving the Content, making the Content available through the Service, adapting the Content for technical display and transmission, conforming the Content to the limitation and terms of the Service, and any other use related to the maintenance, provision and improvement of the Service.

7.4 QHSLab will not disclose any of your Content, except: (a) if you expressly authorize us to do so in connection with your use of the Service; (b) as necessary to provide the Service to you; or (c) to comply with the request of any governmental or regulatory body, subpoenas or court orders, or as otherwise required by applicable law, rule or regulation. If we receive a subpoena, court order, or other request from a governmental or regulatory body requesting the disclosure of any of your Content, we will use good faith efforts to provide you with reasonable notice to allow you to seek a protective order or other appropriate remedy (except to the extent QHSLab’s compliance with the foregoing would cause it to violate a court order or other legal requirement).

8. Feedback

8.1 If you send or transmit any communications or materials to QHSLab by email, or otherwise (“Feedback”), suggesting or recommending changes to our Services, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by QHSLab or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way QHSLab uses such Feedback.

8.2 You hereby assign all right, title, and interest in, and QHSLab is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that QHSLab is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

9. Exclusion of Warranties

9.1 THE SERVICESS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. QHSLAB, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICES PROVIDERS, AND QHSLAB’S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE ”GOOD PARTIES”): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICES, OR DATA PROVIDED THROUGH THE SERVICESS, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICESS IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES.

9.2 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND QHSLAB. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QHSLAB OR ANY PERSON ON BEHALF OF QHSLAB SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

10. Third Party Websites

Our websites and Services may contain links to other websites that are not owned or operated by QHSLab (“Third Party Websites”). QHSLab provides these links solely for your convenience, and we do not verify, make representations about, or take responsibility for such Third-Party Websites or the products or services offered through them. This includes, but is not limited to, the truthfulness, accuracy, quality, or completeness of the content or activities on these Third-Party Websites. It is advisable to exercise your independent judgment before accessing or using such Third-Party Websites or the products or services offered through them.

11. Questions

If you have any questions about this website or these Terms of Use, please contact us at: hello@QHSLab.com.