Please read these Terms and Conditions (“Terms”) carefully before using the app.practicepicnic.com website and related services (the “Service”).
The Service is operated by Practicepicnic (“Practicepicnic”, “we”, “us”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of them, you do not have permission to access the Service.
Relationship to Other Agreements:
If you use the Service to create, receive, maintain, or transmit Protected Health Information (“PHI”), our Business Associate Agreement (“BAA”) also applies and is incorporated into these Terms by reference. Where the BAA and these Terms conflict with respect to PHI, the BAA controls. Our Privacy Policy describes how we handle information about website visitors and account holders; it does not govern PHI, which is governed by the BAA and by your own Notice of Privacy Practices.
Accounts:
When you create an account with us, you guarantee that you are at least 18 years old and that the information you provide is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in termination of your account.
If you create an account on behalf of a practice or organization, you represent that you have authority to bind that entity and its users to these Terms and to the BAA.
You are responsible for maintaining the confidentiality of your account and password, including restricting access to your devices. You agree to accept responsibility for all activity that occurs under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Accounts may not be shared between individuals.
Communications:
We will send you transactional messages about your account, billing, security, and the Service. You may opt out of marketing and promotional emails at any time using the unsubscribe link in any such email; you cannot opt out of transactional messages while you maintain an account.
Messages to your clients. The Service can send appointment reminders and other messages to your clients by email and SMS on your behalf. You are solely responsible for obtaining and maintaining any consent required by law, including under the Telephone Consumer Protection Act and analogous state laws, before enabling these messages for a client, and for maintaining records of that consent. You represent that you have obtained all such consents. We honor STOP and HELP replies, but honoring an opt-out does not relieve you of your own compliance obligations.
Subscriptions:
Some parts of the Service are billed on a subscription basis (“Subscriptions”). Billing cycles are monthly and are billed in arrears.
Your subscription renews automatically each month at the then-current rate until you cancel. To cancel, contact us. Cancellation takes effect at the end of your current billing period. We obtain your express affirmative consent to these automatic renewal terms at checkout and will give you clear advance notice of any price change.
A valid payment method is required. You agree to provide accurate and complete billing information and authorize us to charge all Subscription fees to that payment method. Should automatic billing fail, we will issue an electronic invoice indicating that payment must be made manually by the date shown.
Free Trial:
We may offer a free trial. No payment method is required to start a trial, and we will not charge you when it ends. Your trial does not convert automatically. To continue using the Service after the trial ends, you choose a plan and provide a payment method at that time. Nothing renews automatically unless and until you start a paid Subscription.
Fee Changes:
We may modify Subscription fees. Any change takes effect at the end of the then-current billing cycle, and we will give you clear and conspicuous notice in advance so that you can cancel before it applies. Your continued use after the change takes effect constitutes agreement to the modified fee.
Refunds:
We offer a 30-day money-back guarantee. If you are not satisfied within 30 days of your first paid charge, contact us and we will refund that charge in full. Beyond that window, refund requests are considered case by case at our discretion. Subscriptions are billed monthly and can be canceled at any time, so cancellation stops future charges.
Credits:
Credits may be applied to accounts for referring other customers. Credits have no cash value, cannot be exchanged, and may only be applied to the account owner’s invoices. Credits are based on the base subscription cost at the time a referral is applied and do not increase in value.
Your Data:
“Customer Data” means all information you or your users submit to or generate through the Service, including client records, clinical documentation, session audio and transcripts, scheduling and billing information, and any PHI.
You own your Customer Data. We claim no ownership in it.
You grant us a limited, non-exclusive license to host, store, process, transmit, back up, display, and otherwise use Customer Data solely as necessary to provide, secure, maintain, and support the Service for you, and as permitted by the BAA. This license ends when your Customer Data is deleted.
We do not monitor, review, or edit the clinical content of your Customer Data, and we do not use it for advertising. We may access Customer Data only as necessary to provide support you request, to maintain and secure the Service, or where required by law.
You are responsible for the accuracy, quality, and legality of your Customer Data, for obtaining all consents and authorizations required to collect and store it, and for your own compliance with HIPAA, state law, professional licensing requirements, and record retention obligations.
Our Content:
The Service and its original content, features, and functionality (excluding Customer Data) remain the exclusive property of Practicepicnic and its licensors, and are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent. You may not distribute, modify, transmit, reuse, download, repost, or copy our content for commercial purposes without our express advance written permission.
AI Features:
The Service includes features that transcribe session audio and generate draft clinical documentation using artificial intelligence (“AI Features”).
AI output is a draft. Transcripts and generated notes are working drafts, not final clinical records. You must review, correct, and approve any AI-generated content before it becomes part of a client’s record. You remain solely responsible for the accuracy, completeness, and clinical appropriateness of everything in your records, regardless of how it was produced. AI Features may produce inaccurate, incomplete, or misleading output.
Consent to record. You are solely responsible for obtaining informed consent from every participant before recording a session, including where applicable law requires the consent of all parties, and for determining whether recording is clinically appropriate. You represent that you have obtained all required consents.
We do not train on your data. We do not use Customer Data, including session audio, transcripts, or notes, to train, fine-tune, or improve any artificial intelligence model, and we do not permit our vendors to do so.
How AI Features work. Session audio is transcribed by a model running on our own infrastructure and is not sent to any third-party transcription service. The resulting transcript is processed using Amazon Web Services under a Business Associate Agreement to produce a draft note. AWS does not use inputs to or outputs from these services to train its models and does not share them with model providers.
Retention of audio. Session audio is retained only as long as needed to produce a transcript and note. Transcripts and notes are retained as part of your Customer Data and are subject to the same terms as the rest of your records.
Clinical Responsibility:
The Service is documentation and practice-management software. It does not practice medicine or any other licensed profession, does not provide clinical advice, and is not clinical decision support. You are solely responsible for all clinical judgment, diagnosis, assessment, and treatment decisions, and for the care you provide to your clients.
Billing and coding. The Service can generate superbills and other billing documents from information you enter. You are solely responsible for the accuracy of all diagnostic and procedure codes, charges, dates of service, and any document submitted to a client, a payer, or any third party, and for compliance with applicable payer rules and billing laws.
No compliance guarantee. We provide features designed to support your HIPAA compliance and we execute a BAA with you. No software can by itself make a practice HIPAA compliant. You remain responsible for your own administrative, physical, and technical safeguards, workforce training, policies, and regulatory obligations.
Telehealth and Emergencies:
The Service is not for emergencies. Messaging, scheduling, and telehealth features are not monitored in real time, and neither we nor your practice guarantees any response time. Anyone experiencing a medical or mental health emergency should call 911 or the 988 Suicide and Crisis Lifeline.
Telehealth video is provided on a best-efforts basis and depends on your device, network, and third-party providers. We do not warrant that a session will connect, remain connected, or be free of interruption or degradation. You are responsible for confirming that telehealth is clinically and legally appropriate for each client, including licensure and jurisdictional requirements.
Acceptable Use:
You agree not to: (a) reverse engineer, decompile, or attempt to derive the source code of the Service; (b) resell, sublicense, or provide the Service to third parties as a service bureau; (c) share account credentials or permit access by anyone other than the authorized user; (d) scrape, crawl, or use automated means to access the Service other than through documented interfaces; (e) conduct penetration testing, vulnerability scanning, or load testing without our prior written consent; (f) use the Service to store or transmit unlawful content, malware, or content that infringes another party’s rights; (g) interfere with or disrupt the integrity or performance of the Service; or (h) use the Service in violation of HIPAA or any other applicable law.
We may suspend access immediately where we reasonably believe continued use presents a security risk or violates this section.
Data Retention and Export:
You can export your data at any time while your account is active. We recommend maintaining your own copies of your records at all times.
If your account is canceled, whether by you or by us for non-payment, we will retain your data for at least 60 days so that you can export it. After that period, data associated with the account may be deleted at any time, subject to the return-or-destruction terms of the BAA. We do not send a separate reminder before deletion, so please export your data at the time you cancel.
Copies of data may persist in encrypted backups after deletion and are removed as those backups age out of our retention cycle. Data in backups remains protected under these Terms and the BAA until deleted.
It is your responsibility to retain records in compliance with federal, state, and local law, including medical record retention requirements, which commonly extend for years after the last date of service and longer for minor clients. We do not retain your records on your behalf after the export period.
Termination:
You may cancel at any time by contacting us.
We may suspend or terminate your account for material breach of these Terms. Except where immediate suspension is necessary to protect the Service, our other customers, or PHI, or where you have violated the Acceptable Use section, we will give you notice and 10 days to cure. For non-payment, we will notify you and give you 10 days to bring the account current.
We may terminate for convenience on 30 days’ notice, with a pro-rata refund of any prepaid fees.
Termination of these Terms terminates the BAA, and termination of the BAA terminates your right to use the Service.
Provisions that by their nature should survive termination will survive, including ownership, warranty disclaimers, indemnity, limitation of liability, and dispute resolution.
Indemnification:
You agree to defend, indemnify, and hold harmless Practicepicnic and its licensors, employees, contractors, agents, officers, and directors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Service, by you or anyone using your account; (b) your breach of these Terms; (c) your Customer Data, including any claim that it infringes a third party’s rights or was collected or used without required consent; or (d) your clinical services, billing, or professional conduct.
Disclaimer:
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We do not warrant that the Service will be uninterrupted, secure, or available at any particular time or location; that defects will be corrected; that the Service is free of harmful components; or that results will meet your requirements.
Limitation Of Liability:
In no event will Practicepicnic or its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to the Service or these Terms, whether based in warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been advised of the possibility of such damage, and even if a remedy is found to have failed of its essential purpose.
Our total cumulative liability to you for all claims arising out of or relating to the Service or these Terms, regardless of the form of action, will not exceed the greater of (a) the total fees you paid us for the Service in the six months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
The limitations in this section do not apply to liability for fraud, willful misconduct, gross negligence, or death or bodily injury caused by our negligence, or to any liability that cannot be limited under applicable law.
Exclusions:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so some of the limitations above may not apply to you.
Links To Other Websites:
The Service may contain links to or integrations with third-party websites and services that we do not own or control, including video conferencing, calendar, and payment providers. We assume no responsibility for their content, privacy policies, or practices, and we do not warrant their offerings. Your use of a third-party service is governed by that party’s terms, and where PHI is involved it is your responsibility to confirm that you have any agreement with that party that your own compliance obligations require. We strongly advise you to read the terms and privacy policies of any third-party service you use.
Feedback:
If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation. Feedback is not confidential, and you should not include Customer Data or PHI in it.
General:
Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you.
Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control, excluding payment obligations.
Notices. We will send notices to the email address on your account. You may send notices to us at the address in the Contact Us section below, or through our contact page.
No third-party beneficiaries. These Terms are for the benefit of the parties only.
Entire agreement and severability. These Terms, together with the BAA and the Privacy Policy, constitute the entire agreement between us regarding the Service and supersede any prior agreements. Our failure to enforce a right is not a waiver of it. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
Governing Law and Venue
These Terms are governed by the laws of the State of Iowa, without regard to its conflict of law provisions. The exclusive venue for any dispute arising out of or relating to these Terms or the Service is the state or federal courts located in Polk County, Iowa, and both parties consent to personal jurisdiction there. Each party waives any right to a trial by jury.
Changes
We may modify these Terms. If a revision is material, we will give at least 30 days’ notice before it takes effect and will ask you to accept the revised Terms when you next sign in. Material changes include changes to fees or billing, liability, dispute resolution, rights in Customer Data, termination, or restrictions on use. Non-material changes take effect on posting.
Each version carries a version identifier at the top of this page. Prior versions are available on request. By continuing to use the Service after a revision takes effect, you agree to the revised Terms.
Contact Us:
If you have any questions about these Terms, please contact us.
Practicepicnic is the registered trade name of Blobbackup, LLC, an Iowa limited liability company, which is the contracting party under these Terms. Notices may be sent to Practicepicnic, c/o Blobbackup, LLC, 15920 Hickman Rd, Ste 400 #448, Clive, IA 50325.