Effective Date: January 1, 2025

1. Acceptance of Terms

By accessing or using AxiaASC ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

AxiaASC provides cloud-based scheduling software for ambulatory surgery centers. The Service includes schedule management, physician coordination, operating room allocation, and conflict detection features.

3. Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Ensuring all account information is accurate and current
Notifying us immediately of any unauthorized access
Compliance with all applicable laws and regulations

4. Acceptable Use

You agree NOT to:

Use the Service for any unlawful purpose
Attempt to gain unauthorized access to any portion of the Service
Interfere with or disrupt the Service or servers
Transmit viruses, malware, or other harmful code
Use automated systems to access the Service without permission
Resell or redistribute the Service without authorization

5. Payment Terms

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days notice.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by AxiaASC and are protected by international copyright, trademark, and other intellectual property laws. You retain all rights to your data.

7. Data Ownership and Portability

You retain ownership of all data you upload to the Service. You can export your data at any time. Upon termination, you have 30 days to retrieve your data before it is deleted.

8. Service Level Agreement

We strive for 99.9% uptime. Scheduled maintenance will be announced in advance. We are not liable for downtime caused by factors outside our control including internet service disruptions or force majeure events.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXIAASC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold AxiaASC harmless from any claims, losses, damages, liabilities, and expenses arising from your use of the Service or violation of these Terms.

11. HIPAA Compliance

If you are a covered entity under HIPAA, we will execute a Business Associate Agreement (BAA). The BAA governs our handling of protected health information and supersedes any conflicting terms in this agreement.

12. Termination

Either party may terminate this agreement with 30 days written notice. We may suspend or terminate your account immediately for violation of these Terms. Upon termination, your right to use the Service ceases immediately.

13. Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in Delaware.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance.

15. Contact Information

For questions about these Terms, contact us at:

Email: legal@axiaasc.com
Or use our contact form