Terms of Service

1. Acceptance of Terms

By accessing or using BrightPath's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

2. Description of Service

BrightPath provides a cloud-based software platform for IDD and HCBS providers, including scheduling, electronic visit verification, billing, documentation, and related services.

3. Account Registration

To use our services, you must register for an account. You agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

4. User Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring your use complies with applicable laws and regulations
• Obtaining necessary consents for data you input into the system
• Training your staff on proper use of the platform

5. Acceptable Use

You agree not to:

• Use the service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the service
• Interfere with or disrupt the service or servers
• Transmit any viruses, malware, or harmful code
• Reverse engineer or attempt to extract source code
• Use the service to store or transmit infringing content

6. Data Ownership

You retain all rights to your data. We do not claim ownership of any content you submit. You grant us a license to use your data solely to provide and improve our services.

7. HIPAA Compliance

For customers who are covered entities or business associates under HIPAA, we will enter into a Business Associate Agreement (BAA) as required. Our platform is designed to support HIPAA compliance, but you are responsible for your own compliance obligations.

8. Payment Terms

• Fees are billed monthly or annually as selected
• All fees are non-refundable except as required by law
• We may change pricing with 30 days notice
• Late payments may result in service suspension

9. Service Level Agreement

We commit to 99.9% uptime for our platform. Scheduled maintenance windows are excluded. Service credits may be available for extended outages as detailed in your service agreement.

10. Limitation of Liability

To the maximum extent permitted by law, BrightPath shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

11. Indemnification

You agree to indemnify and hold harmless BrightPath from any claims, damages, or expenses arising from your use of the service or violation of these terms.

12. Termination

Either party may terminate the agreement with 30 days written notice. Upon termination, you may export your data for 30 days, after which it will be deleted.

13. Changes to Terms

We may modify these terms at any time. We will provide notice of material changes. Continued use after changes constitutes acceptance of the new terms.

14. Governing Law

These terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

15. Contact

For questions about these Terms, contact us at legal@brightpath.io.