Terms of Use

Effective Date: January 1, 2025

1. Agreement to Terms

By accessing or using the website, mobile applications, or services of NXGN Software ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old or have parental consent to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

2.2 Account Responsibilities

If you create an account with us, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Providing accurate and current information

2.3 Acceptable Use

You agree not to:

  • Use our services for any illegal or unauthorized purpose
  • Violate any laws, regulations, or third-party rights
  • Transmit malware, viruses, or harmful code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services or servers
  • Collect or harvest user data without permission
  • Use automated systems or bots without authorization
  • Impersonate any person or entity

3. Intellectual Property Rights

3.1 Our Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and compilations thereof, are the exclusive property of NXGN Software or its licensors and are protected by copyright, trademark, and other intellectual property laws.

3.2 Your Content

You retain ownership of any content you submit to our services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with our services.

3.3 Feedback

Any feedback, suggestions, or ideas you provide about our services becomes our property and may be used without compensation or attribution to you.

4. Third-Party Services and Links

Our services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of these third parties. Your use of third-party services is at your own risk.

5. Disclaimers

5.1 Service Availability

Our services are provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee that our services will be uninterrupted, secure, or error-free. We reserve the right to modify, suspend, or discontinue any part of our services at any time.

5.2 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, NXGN SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NXGN SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

  • Your use or inability to use our services
  • Any unauthorized access to or alteration of your data
  • Statements or conduct of any third party on our services
  • Any other matter relating to our services

Our total liability shall not exceed the amount you paid us, if any, in the twelve months preceding the claim.

7. Indemnification

You agree to defend, indemnify, and hold harmless NXGN Software, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your use or misuse of our services
  • Your content or data

8. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

9.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in California, and judgment on the award may be entered in any court having jurisdiction.

9.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Effective Date." Your continued use of our services after such changes constitutes acceptance of the modified Terms.

11. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our services will immediately cease.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and NXGN Software regarding the use of our services.

14. Contact Information

For questions about these Terms, please contact us at:

NXGN Software

Email: [email protected]

Web Form: Use our contact form

15. Special Provisions for App Store

15.1 Apple App Store

If you access our services through an iOS application:

  • These Terms are between you and NXGN Software only, not Apple
  • Apple has no obligation to provide maintenance or support
  • Apple is not responsible for any product warranties
  • Apple is not responsible for addressing any claims relating to the app
  • Apple is a third-party beneficiary with the right to enforce these Terms

15.2 Google Play Store

If you access our services through an Android application:

  • You must comply with Google Play's Terms of Service
  • These Terms do not override Google's terms where they conflict