Terms of Service

Effective Date: March 4, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "Client," or "User") and On Call Practice ("we," "us," or "our"), concerning your access to and use of the On Call Practice website and SaaS platform. By checking the box or clicking "I Agree," or by using the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms.

2. The Services

On Call Practice provides a suite of software tools for healthcare practices, including practice CRM, ERP, Identity Management, Marketing Automation, Appointments, and VoIP Telephony. We reserve the right to modify, suspend, or discontinue any part of the Services at any time with or without notice to you.

3. User Account and Security

To access our Services, you must register for an account. You represent and warrant that all registration information you submit will be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your account credentials (including API keys) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected security breach.

4. Acceptable Use Policy

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree NOT to:

  • Systematically retrieve data or other content from the Services to create a compiled database without written permission from us.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Attempt to reverse engineer, decompile, or disassemble any portion of the software comprising the Services.
  • Use the platform to send unsolicited promotional emails (SPAM) or engage in phishing.
  • Upload or transmit viruses, Trojan horses, or other malicious code.

5. HIPAA Compliance and BAA

If you are a Covered Entity under the Health Insurance Portability and Accountability Act (HIPAA), you agree not to upload Protected Health Information (PHI) to the On Call Practice platform until a formal Business Associate Agreement (BAA) has been executed between you and us. Once a BAA is executed, the handling of PHI will be governed strictly by the BAA. In the event of a conflict between these Terms and the BAA regarding PHI, the BAA shall control.

6. Intellectual Property Rights

Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. You retain all rights to the patient data and content you upload to the platform.

7. Disclaimer of Medical Liability

ON CALL PRACTICE IS NOT A HEALTHCARE PROVIDER. The Services are designed to support the administrative operations of medical practices, not to provide medical advice, diagnosis, or treatment. You remain solely responsible for the medical care of your patients. We assume no liability for patient outcomes resulting from the use of our scheduling, CRM, or communication tools.

8. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party or of applicable HIPAA regulations.

10. Governing Law

These Terms shall be governed by and defined following the laws of the State of Delaware. On Call Practice and yourself irrevocably consent that the courts of Delaware shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.