These Organization & Admin Terms of Service (“Admin Terms”) govern access to and use of the Eternal Applications administrative platform (the “Admin Portal”) by organizations and their authorized representatives. By accessing or using the Admin Portal, you acknowledge that you are acting on behalf of a legal entity and agree to be bound by these Admin Terms on behalf of that entity (“Organization”).
These Admin Terms constitute a business-to-business agreement between Eternal Applications, Inc., a Delaware corporation (“Eternal”), and the Organization. Nothing in these Admin Terms creates a partnership, joint venture, agency, or fiduciary relationship. The Organization and Eternal are independent contractors.
Eternal provides a hosted software platform that enables Organizations to:
Eternal may modify, update, or enhance the Admin Portal from time to time in its discretion.
The Organization is solely responsible for:
All actions taken through the Admin Portal using an Organization’s credentials are deemed actions of the Organization.
The Organization represents and warrants that it:
The Organization is solely responsible for how it uses the Admin Portal and for any consequences arising from such use.
Eternal may permit the Organization to present patient-facing portals under the Organization’s branding (“White-Label Use”).
White-Label Use:
Eternal retains all rights, title, and interest in theplatform.
Admins may have access to patient or end-user information strictly for administrative purposes.
The Organization:
All software, technology, interfaces, workflows, analytics,and documentation are the exclusive intellectual property of Eternal.
Any feedback, suggestions, or recommendations provided bythe Organization or its Admins may be used by Eternal without restriction orobligation.
Eternalmay suspend or terminate Admin access immediately if:
Upon termination:
THE ADMIN PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE.”
ETERNAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETERNAL SHALL NOT BELIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGESARISING FROM USE OF THE ADMIN PORTAL. ETERNAL’S TOTAL LIABILITY SHALL NOT EXCEED FEES PAID BY THE ORGANIZATION, IF ANY, IN THE PRECEDING TWELVE (12) MONTHS.
The Organization agrees to indemnify and hold harmlessEternal from claims arising from:
These Admin Terms are governed by the laws of the State of Delaware.
Exclusive venue lies in state or federal courts located in Delaware.
Eternal may update these Admin Terms from time to time. Continued use of the Admin Portal constitutes acceptance of updated terms.
If you have any questions or concerns regarding these Terms and Conditions, please contact us at info@eternalapplications.com.