Terms of Service

1. Your Agreement with Cyfluent

Your use of Cyfluent PHR and Cyfluent Patient Portal is governed by this agreement. "Cyfluent” means Cyfluent Inc., located at 5201 Leesburg Pike, Suite 1100 Falls Church, VA 22041-3268, United States, and its subsidiaries or affiliates involved in providing Cyfluent Chart, PHR and Patient Portal.

2. Not Medical Advice

Cyfluent does not offer medical advice. Any content accessed through Cyfluent PHR and Cyfluent Patient Portal is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through Cyfluent PHR or Cyfluent Patient Portal. Call 911 or your doctor for all medical emergencies.

3. Your Account and Use of Cyfluent PHR and Cyfluent Patient Portal

You must provide accurate and complete registration information any time you register to use Cyfluent Patient Portal. You are responsible for the security of your passwords and for any use of your account.

Your use of Cyfluent PHR and Cyfluent Patient Portal and any content accessed through Cyfluent PHR and Cyfluent Patient Portal must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use Cyfluent PHR and/or Cyfluent Patient Portal.

You may not access Cyfluent Patient Portal other than by the interfaces provided by Cyfluent or interfere with or disrupt the proper operation of Cyfluent.

4. Use of Your Information

If you create, transmit, or display health or other information while using Cyfluent Patient Portal, you may provide only information that you own or have the right to use. When you provide your information through Cyfluent Patient Portal, you give Cyfluent a license to use and distribute it in connection with Cyfluent Chart and other Cyfluent services. However, Cyfluent may only use health information you provide as permitted by the Cyfluent Privacy Policy, your Sharing Authorization, and applicable law. Cyfluent is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by Cyfluent to any third party.

5. Additional Terms

Your use of Cyfluent PHR and/or Cyfluent Patient Portal and any content accessed through Cyfluent is subject to each of the additional terms provided in connection with Cyfluent, including the Cyfluent Privacy Policy.

6. Content and Service Accessed through Cyfluent Patient Portal

Cyfluent may include content that you find offensive, including health-related content that is sexually explicit.

Cyfluent may make third-party services available through Cyfluent Patient Portal. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.

7. Cyfluent Proprietary Rights

Cyfluent and its Licensors own all proprietary rights to all Cyfluent Products. Cyfluent gives you a personal, revocable, non-assignable, and non-exclusive license to use Cyfluent PHR and Cyfluent Patient Portal.

8. Modification and Termination of Cyfluent Patient Portal

Cyfluent may place limits on, modify, suspend or terminate Cyfluent Patient Portal generally, and may suspend or terminate your use of Cyfluent Patient Portal if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content.

9. Changes to this Agreement

Cyfluent may change this agreement. If you do not agree to the modified agreement, you should stop using Cyfluent Patient Portal. Your continued use of Cyfluent Patient Portal after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

10. Indemnification

You will defend or settle any third-party claim against Cyfluent, any third party Cyfluent Patient Portal feature providers, or any of Cyfluent's other licensors arising out of or related to your use of Cyfluent PHR or Cyfluent Patient Portal.

11. Exclusion of Warranties

NEITHER CYFLUENT NOR ANY OF CYFLUENT'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER CYFLUENT NOR ANY OF CYFLUENT'S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN CYFLUENT HEALTH SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN CYFLUENT PATIENT PORTAL IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER CYFLUENT NOR ANY OF CYFLUENT’S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

12. Limitation of Liability

NEITHER YOU NOR CYFLUENT OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

NEITHER YOU NOR CYFLUENT OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.

The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

13. General Legal Terms

If you have not signed a separate written agreement with Cyfluent related to Cyfluent PHR or Cyfluent Patient Portal, this agreement is the entire agreement between you and Cyfluent related to Cyfluent PHR or Cyfluent Patient Portal, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and Cyfluent related to Cyfluent PHR or Cyfluent Patient Portal, the signed written agreement will control.

Cyfluent's Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.

If Cyfluent provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.