The terms governing your access to and use of the Clinical Outcome platform, and how we handle and protect your information.
These Terms and Conditions of Use (the "Terms") form a binding agreement between you ("you," "your," or "User") and Compass Healthcare LLC, a NY LLC ("Company," "we," "us," or "our"), governing your access to and use of the Clinical Outcome mobile application for iOS and Android and the associated website located at https://compasshealthllc.com/heathcare-ehr, together with all related features, content, and services (collectively, the "Platform").
By downloading, installing, registering for, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Platform.
If you are using the Platform on behalf of an organization (such as an ABA provider agency, school district, or health plan), you represent that you have authority to bind that organization, and "you" refers to both you individually and that organization.
The Platform is a software tool for documenting, coordinating, analyzing, and administering ABA Services. It is not a healthcare provider, and Company does not practice behavior analysis, medicine, psychology, nursing, or any other licensed profession.
Nothing contained in or generated by the Platform constitutes medical, clinical, behavioral, diagnostic, or treatment advice. All clinical judgment — including assessment, treatment planning, goal selection, intervention design, data interpretation, supervision, and discharge decisions — rests exclusively with the qualified Clinical Users and the Provider Organization. Any automated summary, trend analysis, graph, alert, suggested goal, or recommendation produced by the Platform is informational only and must be independently reviewed and validated by a qualified professional before it is relied upon.
The Platform is not intended to be, and has not been cleared or approved by the U.S. Food and Drug Administration as, a medical device.
You must be at least 18 years of age and capable of forming a binding contract to create an account. The Platform is not directed to children, and children may not register accounts. Where a Client is a minor, only a parent, legal guardian, or authorized Provider Organization personnel may access Client information through the Platform.
Accounts are provisioned by, or at the direction of, a Provider Organization. Your right to access the Platform derives from that authorization and terminates automatically when it is withdrawn — for example, upon separation of employment, revocation of credentials, or termination of the treatment relationship.
You agree to provide accurate, current, and complete registration information and to keep it updated. Clinical Users further represent that they hold, and will maintain, all licenses, certifications, and credentials required by applicable law and by the Provider Organization for the services they document on the Platform.
You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You must not share credentials, allow another person to use your account, or use another person's account. You must enable multi-factor authentication where offered and notify us at info@compasshealthllc.com immediately upon learning of any unauthorized access.
When Company processes PHI on behalf of a Provider Organization, Company acts as a Business Associate under HIPAA and the HITECH Act, and its handling of PHI is governed by the Business Associate Agreement ("BAA") executed with that Provider Organization. In the event of a conflict between these Terms and the applicable BAA with respect to PHI, the BAA controls. See our Business Associate Agreement and HIPAA Notice.
The Provider Organization is the Covered Entity and is solely responsible for obtaining all consents, authorizations, and notices required by HIPAA, 42 C.F.R. Part 2 (where applicable), state confidentiality laws, FERPA (where applicable), and its own policies before Client information is entered into the Platform; for determining which of its personnel receive access and at what permission level; and for promptly deprovisioning access when it is no longer appropriate.
Family Users may be given access to selected Client information. By accessing that information you confirm you are the parent, legal guardian, or otherwise legally authorized representative of the Client, and you agree not to disclose information about any other Client that you may inadvertently encounter.
Our collection and use of information is described in this Privacy Policy. Please review it carefully.
Compass Healthcare LLC uses the Clinical Outcome Platform to process personal information and protected health information ("PHI") on behalf of Provider Organizations. We apply administrative, physical, and technical safeguards consistent with the HIPAA Security Rule (45 C.F.R. Part 164, Subpart C).
How to request deletion. You may request deletion of your account and associated personal data at any time:
What happens. We acknowledge requests within 5 business days and complete them within 30 days. We will verify your identity before acting on a request.
What is deleted. Your user account, login credentials, profile information, device identifiers, and app usage data associated with your account are deleted from active systems. Encrypted backups are purged on our regular rotation cycle, no later than 90 days after deletion.
What we must retain, and why. Clinical and billing records are the property of the Provider Organization, which is the HIPAA Covered Entity. Compass Healthcare LLC acts as a Business Associate and cannot unilaterally delete those records. Deleting your user account does not delete the clinical record of a Client. Clinical, billing, and audit records are retained as required by HIPAA, New York State Medicaid, and other applicable law — generally six years, and for minors, six years past the age of majority.
Requesting deletion of clinical records. To request deletion, amendment, or access to a Client's clinical record, contact the Provider Organization that delivered your services directly. They will handle the request under HIPAA and applicable state law. We will assist any Provider Organization that instructs us to delete records under its BAA.
If your access is deprovisioned. When a Provider Organization removes your access (for example, on separation of employment), your login is disabled and your credentials are removed. You may still submit a deletion request for remaining personal data as described above.
You agree to access, use, and disclose PHI on the Platform only as necessary to perform your role, and never for personal curiosity, marketing, or any purpose unrelated to treatment, payment, or healthcare operations.
You agree not to:
We may investigate suspected violations and may suspend or terminate access, notify the Provider Organization, and cooperate with law enforcement and regulators.
As between Company and the Provider Organization, the Provider Organization (or the Client, as applicable under law) retains all right, title, and interest in User Content, including clinical records and Client data. Company claims no ownership of User Content.
You grant Company a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and create derivative works of User Content solely as necessary to operate, maintain, secure, support, and improve the Platform, and as otherwise permitted by the applicable BAA and Privacy Policy.
Company may create and use de-identified data derived from User Content in accordance with 45 C.F.R. § 164.514(b) for product development, benchmarking, research, and analytics, provided that such data is de-identified in compliance with HIPAA and is not re-identified.
You are solely responsible for the accuracy, completeness, timeliness, and legal sufficiency of the User Content you submit. The Platform is not a system of record unless expressly designated as such in a written agreement with the Provider Organization, and you remain responsible for maintaining records as required by law, payer contract, and accreditation standards. You should retain independent backups of clinically or legally significant records.
The Platform, including its software, source code, design, interfaces, graphics, text, data models, reports, and all associated trademarks and logos, is owned by Company or its licensors and is protected by U.S. and international intellectual property law. Subject to these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purpose within the scope of your authorization. All rights not expressly granted are reserved.
If you submit feedback, suggestions, or feature requests, you grant Company an unrestricted, perpetual, irrevocable, royalty-free right to use and incorporate them without obligation or compensation to you.
If you obtained the mobile application from the Apple App Store, you acknowledge that these Terms are between you and Company only, not Apple; that Apple has no obligation to provide maintenance or support; that in the event of any failure of the application to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, and Apple has no other warranty obligation; that Apple is not responsible for addressing any claims relating to the application, including product liability, legal or regulatory non-compliance, or consumer protection claims; that Apple is not responsible for any third-party intellectual property infringement claim relating to the application; and that Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. You further represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
If you obtained the mobile application from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the application.
You are responsible for your device, carrier data charges, and for keeping the application updated. Company may release updates that add, modify, or remove functionality, and may cease support for older versions or operating systems. Offline data capture, where offered, syncs when connectivity is restored; you are responsible for confirming that data has synced successfully.
You must secure any device on which the application is installed with a passcode, PIN, or biometric lock, and must promptly report a lost or stolen device to the Provider Organization and to info@compasshealthllc.com so the session may be revoked.
Where fees apply, they are set forth in the applicable order form, subscription agreement, or in-app purchase disclosure. Unless otherwise stated: fees are quoted in U.S. dollars; subscriptions renew automatically for successive terms until cancelled; and fees are non-refundable except as required by law or expressly provided. Subscriptions purchased through the Apple App Store or Google Play are billed and managed by that store and must be cancelled through it. Company may change fees prospectively upon 7 calendar days' notice. You are responsible for applicable taxes.
The Platform does not guarantee payment, reimbursement, or claim adjudication by any payer. Company is not responsible for denied, reduced, or delayed claims.
The Platform may integrate with or link to third-party services (for example, electronic health records, clearinghouses, telehealth platforms, payroll or HR systems, calendar providers, or analytics tools). Company does not control and is not responsible for third-party services, and your use of them is governed by their own terms and privacy policies. Integration does not constitute endorsement.
Company will use commercially reasonable efforts to keep the Platform available but does not guarantee uninterrupted or error-free operation. The Platform may be unavailable due to scheduled maintenance, emergency maintenance, or causes beyond our control. Any uptime commitment applies only if set forth in a written service level agreement with the Provider Organization.
Company may modify, suspend, or discontinue any feature at any time, and may suspend or terminate access immediately where it reasonably believes doing so is necessary to protect PHI, the security or integrity of the Platform, or the rights of any person, or where required by law.
You may stop using the Platform at any time. Company or the Provider Organization may terminate or suspend your access at any time, with or without cause and with or without notice.
Upon termination, your license to use the Platform ends immediately. Company will handle retention, return, and destruction of PHI in accordance with the applicable BAA and the Provider Organization's written instructions. Provider Organizations should export any needed data prior to termination; Company will make data available for export for 14 calendar days following termination, after which it may be deleted. Sections 3, 5, 7, 8, 14, 15, 16, 17, and 18 survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DATA WILL NOT BE LOST OR CORRUPTED, OR THAT ANY OUTPUT, ANALYSIS, GRAPH, OR RECOMMENDATION WILL BE ACCURATE, COMPLETE, OR CLINICALLY APPROPRIATE. NO ADVICE OR INFORMATION OBTAINED FROM COMPANY CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM AND THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID TO COMPANY FOR THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations do not apply to liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, or fraud, and nothing in this section limits obligations expressly allocated under an executed BAA. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, penalties, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms or applicable law; (c) your User Content; (d) your clinical, billing, or professional decisions, or your failure to obtain any required consent or authorization; or (e) your violation of the rights of any third party, including any Client.
These Terms are governed by the laws of the State of NY, without regard to conflict-of-laws principles, and by applicable U.S. federal law.
Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve the dispute by contacting finance@compasshealthllc.com and negotiating for at least 7 calendar days.
Any dispute not resolved informally will be resolved by final and binding arbitration administered by AAA under its then-current rules, before a single arbitrator, seated in Nassau, NY. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in court to protect intellectual property or PHI. You may opt out of this arbitration provision by sending written notice to finance@compasshealthllc.com within 30 days of first accepting these Terms.
To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Nassau, NY.
Company may modify these Terms at any time. Material changes will be communicated by in-app notice, email, or by posting an updated version with a revised "Last Updated" date at least 14 calendar days before they take effect. Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Platform.
These Terms, together with the Privacy Policy and any applicable BAA, subscription agreement, or order form, constitute the entire agreement between the parties regarding the Platform. Where a written master agreement or BAA between Company and a Provider Organization conflicts with these Terms, that agreement controls as to the Provider Organization and its authorized users.
If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force.
Failure to enforce any provision is not a waiver of the right to enforce it later.
You may not assign these Terms without Company's prior written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of assets, subject to applicable HIPAA requirements.
Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Notices to you may be sent to the email address associated with your account or posted in the Platform. Notices to Company must be sent to Compass Healthcare LLC, Attn: Legal, 475 Northern Blvd STE 12, Great Neck, NY 11021, with a copy to finance@compasshealthllc.com.