Terms of Service

By accessing or using KGP Healthcare's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to update or modify these Terms at any time. Your continued use of the Service following any changes constitutes acceptance of those changes. We will notify you of material changes via email or through the Service.

KGP Healthcare provides a comprehensive home health management software platform designed for healthcare agencies and their staff. Our Service includes:

• Electronic medical record management and documentation
• Patient scheduling and visit coordination
• OASIS assessment and regulatory compliance tools
• Clinical decision support and care planning
• Billing and claims management integration
• Reporting and analytics for quality improvement
• Secure messaging and care team collaboration

The Service is intended for use by licensed healthcare providers and authorized administrative personnel within home health agencies.

As a user of KGP Healthcare, you agree to the following responsibilities:

• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.
• Accurate Information: You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
• Professional Conduct: You agree to use the Service in accordance with applicable laws, regulations, and professional standards of care.
• Data Entry Accuracy: You are responsible for the accuracy of patient information and clinical documentation entered into the system.
• Compliance: You agree to comply with all applicable federal, state, and local healthcare regulations, including but not limited to HIPAA, state licensure requirements, and Medicare Conditions of Participation.

The Service and its original content, features, and functionality are owned by KGP Healthcare and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of all patient data and clinical documentation you create using the Service. By using the Service, you grant KGP Healthcare a limited license to store, process, and display such content solely for the purpose of providing the Service.

You agree not to engage in any of the following prohibited activities:

• Accessing or attempting to access accounts or systems without authorization
• Interfering with or disrupting the Service or servers connected to the Service
• Transmitting viruses, malware, or other harmful code
• Using the Service for any unlawful purpose or in violation of healthcare regulations
• Attempting to reverse engineer, decompile, or disassemble the Service
• Sharing login credentials with unauthorized individuals
• Using the Service to transmit unsolicited communications or spam

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.

Scheduled maintenance windows will be communicated in advance. In the event of emergency maintenance, we will provide notification as soon as practicable.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KGP HEALTHCARE 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, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Any errors or inaccuracies in clinical decision support tools or documentation templates

In no event shall KGP Healthcare's total liability exceed the amount you have paid us in the twelve (12) months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based.

Note: Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

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

You may terminate your account at any time by contacting us. Upon termination, we will provide you with a copy of your data in accordance with our data retention policies and applicable regulations.

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

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.