Terms of Service

1. Acceptance

The administrator who creates an account accepts these Terms on behalf of their Organization and all users they provision. Organizations are responsible for ensuring their users comply with these Terms. Continued use of the service following any update to these Terms constitutes acceptance of the revised Terms.

2. Service Description

The Board is a real-time digital whiteboard for hospital electrophysiology and catheterization labs. It enables flow coordinators to manage OR schedules and notify clinical staff and medical device representatives of case updates.

The Board does not store protected health information (PHI). The service is designed to record only non-PHI scheduling fields: procedure type, vendor/device manufacturer, physician name, room assignment, case date, and case status. No patient names, medical record numbers, dates of birth, or other individually identifiable health information should be entered into the service. See Section 6 for the full PHI policy.

3. Accounts and Access

Account creation is by invitation only; there is no public self-registration. The Organization's administrator controls account provisioning and is responsible for maintaining the confidentiality of credentials. You must promptly notify us of any unauthorized access. We reserve the right to suspend accounts that violate these Terms.

4. Data and Licensing

Case scheduling data submitted through the service — including procedure types, vendor selections, physician names, room assignments, and case dates — is collected, stored, and processed by The Board. By using the service, your Organization grants The Board a perpetual, worldwide, royalty-free license to use, aggregate, and analyze submitted data to operate and improve the service, develop and commercialize derived data products and industry reports, and license such products to third parties including healthcare industry participants. We do not sell raw case records in the form in which they are submitted.

5. Intellectual Property

The Board owns all rights to the service, software, and any derived data products. Your Organization retains ownership of its raw submitted records. The license granted in Section 4 survives termination with respect to derived products already developed from that data.

6. PHI and HIPAA Disclaimer

The Board is not a HIPAA covered entity and does not function as a business associate as defined under 45 C.F.R. § 160.103 with respect to the use cases described in these Terms. The service is designed to handle non-PHI scheduling data only.

You must not enter any PHI into the service. This includes but is not limited to: patient names, medical record numbers, dates of birth, Social Security numbers, insurance identifiers, diagnosis codes, and any other individually identifiable health information as defined by HIPAA. Users who photograph physical whiteboards for OCR import must redact all patient identifiers before uploading. The Board will delete inadvertently submitted PHI upon notification; however, your Organization bears responsibility for any PHI submitted in violation of these Terms.

7. Acceptable Use

You agree not to:

• Enter PHI or any information that would make a case record individually identifiable to a patient;
• Share credentials or grant access to unauthorized individuals;
• Attempt to access data belonging to other organizations;
• Reverse engineer, copy, or resell any part of the service or Analytics;
• Use the service for any unlawful purpose.

8. Fees and Payment

Pricing terms are set out in your subscription agreement or order form. We reserve the right to change pricing with 30 days' written notice. Failure to pay fees may result in suspension or termination of access.

9. Term and Termination

Either party may terminate the agreement with 30 days' written notice. We may suspend or terminate immediately for material breach, including PHI submission or non-payment. Upon termination, your Organization's raw case data will be deleted within 60 days. Analytics derived from your data prior to termination may be retained and used in accordance with Section 4.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE BOARD IS A SCHEDULING COORDINATION TOOL AND IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE CLINICAL DECISION SUPPORT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOARD'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOUR ORGANIZATION IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

12. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia.

13. Changes to These Terms

We may update these Terms from time to time. We will notify administrators by email at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance.

14. Contact

Questions about these Terms: legal@theboard.app