Terms for Oathtrack sober living software

1. Eligibility and Account Authority

You must be legally able to enter into a binding contract to use the Services. You are responsible for ensuring that all users you authorize to access your account are at least the age of majority in the jurisdiction where they reside and are permitted to use the Services under applicable law.

The individual who creates an account, the person designated as the account owner, and any later-authorized administrator may manage the account, assign roles, remove users, and control the organization workspace on behalf of Customer.

2. The Services

Oathtrack provides software tools designed to support sober living and recovery housing operations, which may include resident tracking, communication features, forms, e-signatures, reporting, billing workflows, administrative tools, and related functionality.

We may modify, improve, replace, suspend, or discontinue any part of the Services at any time, provided that we will not materially reduce core paid functionality during an active subscription term except where reasonably necessary for security, legal compliance, technical integrity, or product modernization.

Oathtrack may provide support through email, phone, in-product tools, documentation, or other reasonable channels. Unless a separate written agreement states otherwise, support is provided during Oathtrack's ordinary business operations and does not create a guaranteed response time, service level agreement, or professional advisory relationship.

If the Services include electronic signatures, acknowledgments, authorizations, or form-completion workflows, Customer is responsible for determining whether those workflows are appropriate for its intended use and for obtaining any required consent to transact electronically.

3. Account Registration and Security

You must provide accurate, current, and complete information when creating an account and keep that information updated. You are responsible for all activities occurring under your account and for maintaining the confidentiality of usernames, passwords, PINs, tokens, devices, and other login credentials.

You must notify us promptly of any suspected unauthorized access, credential compromise, or security incident involving your account. Privacy or Security concerns can be sent to security@oathtrack.com.

4. Subscription Terms, Billing, and Taxes

Oathtrack may offer free trials, promotional periods, or paid subscriptions. If you convert to a paid plan, you authorize us and our payment processors to charge the payment method on file for recurring subscription fees, usage-based charges, add-ons, taxes, and other amounts due under your plan.

Unless otherwise stated in a separate written order form, paid subscriptions renew automatically for successive renewal terms until canceled. Fees are due in the currency and at the intervals presented during signup or in an applicable order form.

Unless otherwise required by law or expressly stated by Oathtrack in writing, fees are non-refundable, and partial billing periods are not prorated or credited. Customer is responsible for all applicable sales, use, value-added, withholding, or similar taxes, excluding taxes based on our net income.

We may change pricing for future renewal periods by providing at least thirty (30) days' advance notice to the email address associated with the account or through the Services. If Customer does not agree to the new pricing, Customer must cancel before the renewal date. Failure to pay any amount when due may result in suspension or termination of access.

5. Free Trials and Beta Features

Trial accounts, preview features, beta tools, pilot releases, and similar offerings are provided on an optional basis and may be modified or discontinued at any time. Unless otherwise stated in writing, beta or preview functionality is provided "as is," may be incomplete, and may not be subject to the same support, uptime, retention, backup, or security commitments as generally available features.

6. Customer Data and Customer Responsibilities

As between the parties, Customer retains ownership of the information, records, files, resident data, staff data, communications, forms, documents, notes, and other materials submitted to or stored in the Services by or for Customer ("Customer Data").

Customer grants Oathtrack a non-exclusive, worldwide, limited license to host, copy, process, transmit, display, back up, analyze, and otherwise use Customer Data only as necessary to provide, maintain, secure, support, improve, and comply with legal obligations related to the Services.

Customer is solely responsible for the accuracy, quality, legality, means of collection, use, and permitted sharing of Customer Data; for obtaining all required consents, notices, authorizations, permissions, and rights necessary for Oathtrack to process such data on Customer's behalf; and for determining whether the Services are appropriate for Customer's specific legal, regulatory, operational, or clinical obligations.

If Customer uploads or processes health-related, recovery-related, treatment-related, or other sensitive information, Customer remains responsible for ensuring that it has a valid legal basis to do so and for entering into any additional agreement the parties may require for such data.

Customer may request reasonable assistance with exporting or deleting Customer Data, subject to the functionality available in the Services, account status, payment status, backup cycles, legal obligations, security requirements, and any applicable order form, Business Associate Agreement, data protection addendum, or written customer agreement. Oathtrack may retain limited records as described in these Terms and the Privacy Policy.

7. Acceptable Use Restrictions

You may not, and may not permit any third party to:

• use the Services in violation of any law, regulation, court order, or third-party right;
• reverse engineer, decompile, disassemble, copy, frame, mirror, scrape, or attempt to derive source code from the Services except where prohibited by law from restriction;
• access the Services to build a competing product or service or to benchmark the Services without our written consent;
• interfere with or disrupt the integrity, performance, or security of the Services or any related network or system;
• upload malware, malicious code, deceptive content, infringing material, or unlawful or abusive communications;
• attempt to bypass authentication, permissions, usage limits, or technical safeguards;
• enter, upload, request, or process sensitive resident, applicant, staff, health, recovery, financial, or identity information without the legal right, authorization, and operational need to do so;
• use the Services to make emergency, medical, clinical, legal, tax, accounting, or regulatory decisions without appropriate professional review;
• use SMS, email, resident communications, or similar messaging features without legally required consent, opt-out handling, notices, and internal procedures;
• use the Services for spam, mass unsolicited communications, fraudulent billing activity, or deceptive data collection; or
• permit unauthorized persons to access the Services using shared credentials or insecure methods.

8. Privacy, Security, HIPAA, and Service Providers

Our collection and use of personal information is described in our Privacy Policy. Oathtrack does not sell, give away, publish, or provide personal information to third parties for their own marketing or independent use.

Customer acknowledges that Oathtrack may use subprocessors, hosting providers, communication providers, analytics providers, payment processors, support vendors, security vendors, and other service providers to operate, support, secure, bill for, improve, and administer the Services.

Oathtrack requires service providers and subprocessors to use personal information only as needed to provide services to Oathtrack and our customers, and not for their own marketing or independent purposes. Customer agrees that Oathtrack may change vendors as needed to operate, secure, improve, and support the Services.

Oathtrack is HIPAA compliant and designed to support HIPAA-conscious operations through administrative, technical, and physical safeguards. When Oathtrack acts as a business associate for a customer that is a covered entity or business associate under HIPAA, applicable business associate terms and customer agreements govern Oathtrack's permitted uses of PHI and ePHI.

If Customer is required to enter into a Business Associate Agreement or similar data protection addendum before using the Services for PHI, Customer is responsible for doing so before creating, receiving, maintaining, or transmitting PHI through the Services. If there is a conflict between these Terms and a signed Business Associate Agreement regarding PHI, the Business Associate Agreement controls for that PHI.

If a security incident requires notice under applicable law or an applicable customer agreement, Oathtrack will provide notice as legally required. Customer is responsible for its own internal incident-response, breach-notice, resident-notice, regulatory-notice, and workforce procedures where applicable.

9. Intellectual Property

Oathtrack and its licensors retain all right, title, and interest in and to the Services, including all software, designs, content, workflows, interfaces, graphics, logos, trademarks, documentation, know-how, improvements, and derivative works, excluding Customer Data.

No rights are granted except as expressly stated in these Terms. Subject to these Terms and any applicable subscription, we grant Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Services for Customer's internal business operations.

10. Feedback

If you provide feedback, suggestions, enhancement ideas, or recommendations regarding the Services, you grant Oathtrack a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, incorporate, modify, commercialize, and otherwise exploit that feedback for any lawful purpose without restriction, attribution, or compensation.

11. Third-Party Services and Links

The Services may interoperate with or contain links to third-party products, websites, integrations, payment providers, app stores, communication channels, or other services not controlled by Oathtrack. We do not warrant, endorse, or assume responsibility for third-party services, and your use of such services is governed solely by the applicable third-party terms.

12. Suspension and Termination

Customer may cancel a paid subscription at any time, and the cancellation will take effect at the end of the then-current paid billing period unless the Services or an order form state otherwise. We may suspend or terminate access immediately if we reasonably believe there is a security risk, unlawful conduct, nonpayment, misuse of the Services, violation of these Terms, or activity that could harm Oathtrack, other customers, or third parties.

Upon termination or expiration, rights to access and use the Services cease, except that we may retain account and usage records, limited backup copies, billing records, support records, and information required for legal, regulatory, tax, audit, security, fraud-prevention, or legitimate business purposes.

Before canceling or allowing an account to expire, Customer should export any Customer Data it needs to retain. Where reasonably available and legally permitted, Oathtrack may provide export assistance after cancellation or termination, but we are not required to maintain active workspace access indefinitely after the subscription ends.

Sections that by their nature should survive will survive, including sections concerning payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and survival itself.

13. Confidentiality

Each party receiving non-public information from the other that is designated confidential or that reasonably should be understood to be confidential shall use that information only as needed to perform under these Terms and shall protect it using reasonable care.

Confidential information does not include information that is or becomes public without breach, was already known without restriction, is independently developed without use of the confidential information, or is lawfully received from a third party without duty of confidentiality. A receiving party may provide confidential information to the extent required by law, provided that where legally permitted it gives reasonable prior notice.

14. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OATHTRACK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

OATHTRACK DOES NOT PROVIDE LEGAL, MEDICAL, CLINICAL, THERAPEUTIC, TAX, ACCOUNTING, OR REGULATORY ADVICE, AND CUSTOMER IS RESPONSIBLE FOR ITS OWN OPERATIONAL, COMPLIANCE, AND PROFESSIONAL DECISIONS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OATHTRACK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OATHTRACK'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER TO OATHTRACK FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS APPLY WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY.

16. Indemnification

Customer will defend, indemnify, and hold harmless Oathtrack and its affiliates, officers, directors, employees, and agents from and against any third-party claim, action, proceeding, damage, judgment, settlement, penalty, fine, cost, or expense (including reasonable attorneys' fees) arising out of or related to Customer Data, Customer's use of the Services, Customer's violation of these Terms, or Customer's violation of applicable law or third-party rights.

17. Governing Law, Venue, and Jury Trial Waiver

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. The parties agree that any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Pennsylvania, and each party irrevocably submits to that venue and jurisdiction.

To the fullest extent permitted by law, each party knowingly waives any right to a jury trial in connection with any dispute arising out of or relating to these Terms or the Services.

18. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will post the revised Terms with an updated effective date or last updated date and may also provide notice through the Services or by email. By continuing to use the Services after revised Terms become effective, you agree to the updated Terms.

19. Miscellaneous

These Terms, together with any applicable order form, addendum, or incorporated policy, constitute the entire agreement between the parties regarding the Services and supersede prior or contemporaneous understandings on that subject.

If any provision is held invalid or unenforceable, the remaining provisions remain in effect. A failure to enforce any provision is not a waiver. Customer may not assign or transfer these Terms without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets involving Customer.

Oathtrack may assign these Terms in connection with a merger, acquisition, internal reorganization, or sale of assets, or to an affiliate.

20. Contact

If you have questions about these Terms, please contact Oathtrack at info@oathtrack.com.

Privacy or Security concerns can be sent to security@oathtrack.com.