1. Acceptance
These Terms of Use (“Terms”) are an agreement between you and BasisEHR, LLC (“Basis EHR”, “we”, “us”). By accessing basisehr.com, the Basis EHR platform at v3.basisehr.com (the “Platform”), or the Basis EHR apps (the “Apps”, and together, the “Services”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
2. Your organization's agreement
The Platform and Apps are provided to healthcare organizations (“Customers”) under a separate subscription agreement and, where applicable, a Business Associate Agreement (together, the “Customer Agreement”). If you use the Services as an employee or contractor of a Customer, you do so on the Customer's behalf. If these Terms conflict with the Customer Agreement, the Customer Agreement controls.
3. Accounts
- Accounts are issued by Customers. You must be authorized by a Customer to use the Platform or Apps.
- Keep your credentials confidential and do not share your account. You are responsible for activity under it.
- Tell your administrator and us immediately at support@basisehr.com if you suspect unauthorized access.
- Access patient information only as your role and job duties require and as permitted by law.
4. Acceptable use
You agree not to:
- use the Services in violation of HIPAA, telemarketing, anti-spam, call-recording or other applicable laws;
- access, or attempt to access, information or accounts you are not authorized to use;
- upload malware or interfere with, disrupt or place an unreasonable load on the Services;
- probe, scan or test the vulnerability of the Services without our written permission;
- reverse engineer, decompile or copy the Services, except where the law expressly permits;
- resell, sublicense or provide the Services to anyone not authorized by a Customer; or
- use the Services to send harassing, fraudulent, deceptive or unlawful communications.
5. Clinical disclaimer
Basis EHR is a software tool. It does not provide medical advice, diagnosis or treatment and does not practice medicine or any other licensed profession.
Clinical content, decision support, validation checks and AI-generated suggestions are provided to assist qualified professionals. They may be incomplete or inaccurate and must be independently reviewed. Customers and their licensed professionals remain solely responsible for patient care decisions, documentation accuracy, coding and billing, and regulatory compliance.
6. Calls & messaging
- No emergency calling. The Services cannot be used to call 911 or other emergency services. Use your device's built-in phone app for emergencies.
- Recording and consent. If your organization enables call recording or transcription, the organization is responsible for giving any notices and obtaining any consents required by law.
- Messaging. You and your organization are responsible for obtaining any consent required to send SMS messages and for honoring opt-out requests.
- Availability. Calls and messages depend on network connectivity, device settings, and third-party carriers and notification services, and may be delayed or fail.
7. Mobile app license
Subject to these Terms and the Customer Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Apps on devices you own or control, solely to access the Services for your organization. We may release updates, and some features may not work until you install them.
8. Apple & Google terms
If you downloaded an App from the Apple App Store or Google Play:
- These Terms are between you and Basis EHR only, not Apple or Google, and Basis EHR — not Apple or Google — is solely responsible for the App and its content.
- Your use of the App must also comply with the applicable store's terms of service, including Apple's Usage Rules.
- Apple and Google have no obligation to provide maintenance or support services for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Basis EHR, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection claims, and claims that the App infringes a third party's intellectual property rights.
- You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
9. Intellectual property
The Services, including software, design, text and trademarks, are owned by Basis EHR or its licensors and are protected by law. Customers own the data they enter into the Services. If you send us feedback or suggestions, we may use them without obligation to you.
10. Third-party services
The Services may connect to third-party services such as payers, clearinghouses, pharmacies, maps, communications carriers and push notification services. We are not responsible for third-party services, which are governed by their own terms.
11. Suspension & termination
Your access ends when your organization deactivates your account or its Customer Agreement ends. We may suspend access if we reasonably believe you have violated these Terms, if needed to protect the Services, patients or other users, or if required by law. To delete your account, see Account deletion.
12. Disclaimers
Except as expressly stated in a Customer Agreement, the Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation.
13. Limitation of liability
To the fullest extent permitted by law, and except as otherwise provided in a Customer Agreement, Basis EHR will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from your use of the Services. Our total liability to you under these Terms will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow these limitations, so they may not apply to you.
14. Governing law
These Terms are governed by the laws specified in your organization's agreement with us or, if none, the laws of the state in which BasisEHR, LLC is organized and applicable U.S. federal law, without regard to conflict-of-law rules.
15. Changes
We may update these Terms from time to time. We will post the updated Terms here with a new effective date and provide notice of material changes. Continued use of the Services after changes take effect means you accept them.
16. Contact
BasisEHR, LLC
support@basisehr.com