These terms apply to the use of all websites, computers and portable devices (including smartphones) applications that are under the umbrella of givlab.com, including app.rvucapture.com. By using givlab.com, app.rvucapture.com (“Service”) and all services of GivLab, LLC. (“givlab”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
GivLab reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- GivLab shall grant to you, a terminable, non-exclusive license to install and execute a copy of the Software per Provider to view, utilize and interact with the Service solely for Provider's internal business use. Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. GivLab cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are solely responsible for the form, content and accuracy of any of Your Data and activity that occurs under your account (even when Content is posted by others who have accounts under your account). GivLab does not control, prescreen, edit, standardize data elements or otherwise validate, any information submitted by any user of the Service (including Your Data) and, as such, cannot guarantee the accuracy, integrity or quality of any such information.
- One person or legal entity may not maintain more than one free trial account. Multiple logins from different devices using the same userID is not supported and may cause data inconsistency.
- You may not, and will cause all Users to not, use the Software or Service in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is, in the reasonable opinion of GivLab, unlawful, harassing, abusive, tortious, defamatory, threatening, harmful, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable or which is harmful to minors in any way. You may not, and will cause all Users to not, do any act which may interfere with or compromise the security or functionality of the Software or Service. You agree to, and you agree to cause all Users to, abide by all applicable local, state, national and foreign laws, treaties and regulations and applicable rules and standards of professional conduct in connection with use of the Software or Service.
- Children under the age of 18 are not eligible to use the Service, and we ask that such persons not submit personal information to us.
Payment, Refunds, Upgrading and Downgrading Terms
- If you sign up for a Free Trial of the Premium Plan, and you don't convert to a paid account, the service will automatically cancel after the term and you will not have access to your data.
- An upgrade from the free plan to any paying plan will end your free plan. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. You agree to pay a recurring fee ("Subscription Fee") for access and use of the Software and Service, at the intervals specified. You agree that you are responsible for all charges associated with or incurred through access or use of your account(s) or password(s).
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your payment method will automatically be charged the new rate on the next billing cycle.
- In the event that any Subscription or Setup Fee is not paid when due, GivLab may immediately either suspend or terminate your access to the Service and account and terminate this Agreement without further notice or liability.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time by sending us an email at email@example.com.
- GivLab shall make available to you, for thirty (30) calendar days after termination, one (1) copy of Your Data in electronic form (format and media chosen by GivLab), which will be destroyed if you do not request to receive such electronic copy within such thirty (30) calendar day period. Except as expressly provided above, upon termination of this Agreement, GivLab shall have no obligation to retain Your Data or to forward any of Your Data to you or any User or any other third party after termination of this Agreement, and GivLab will have no liability for any acts or omissions relating to Your Data which occur after termination of this Agreement.
- If you cancel the Service before the end of your current billing cycle, your cancellation will take effect immediately, and you will not be charged again. No partial refunds are offered.
- GivLab, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other GivLab service, if GivLab reasonably believes you are in breach of this Agreement. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. GivLab reserves the right to refuse service to anyone for any reason at any time.
- You agree to promptly destroy all copies of the Software, all copies of the Service, and all copies of any passwords and account designations in your or any User's possession.
Service and Prices
- GivLab reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. GivLab reserves the right to establish or modify general practices and limits concerning use of the Service, including without limitation the maximum disk space that will be allotted to Your Data on GivLab’s or its designees' servers. All RVU Capture features may not be available on all smartphones, computers, operating systems or platforms. Requirements are subject to change as updated technologies are introduced.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change. Such notice may be provided at any time by posting the changes to the GivLab Site or the Service itself.
- GivLab shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- In the event that, for whatever reason, the most current system data (including Your Data) cannot be recovered, GivLab will attempt to restore the system data from the most recent uncorrupted back-up available.
Ownership of Intellectual Property
- You agree and acknowledge that the Software and Service, including text, graphics, images, logos, button icons, software and other material contained therein, are protected under both United States and foreign copyright, trademark and other laws. GivLab ™ , RVU Capture ™ and the RVU Logo are the trademarks of GivLab LLC. All rights are reserved to GivLab.
- All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- GivLab does not pre-screen Content, but GivLab and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright GivLab, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from GivLab.
- Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. CPT is a registered trademark of the American Medical Association.
- U.S. Government Rights: This product includes CPT which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 60654. U.S. government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable, for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account and free trial users using our online support portal. Our standard response time for support tickets is 12 business hours.
- You understand that GivLab uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GivLab, or any other GivLab service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GivLab.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GivLab customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We have no obligation to monitor the website or the Service. You acknowledge and agree, however, that we do retain the right to monitor the website and the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website and the Service properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- By using the Service and the website, including any software and content contained therein, you agree that your use is entirely at your own risk. The website is provided to you as convenience to provide general information about the services available from GivLab, but we do not guarantee the accuracy, or completeness of the information. THE SERVICE AND THE WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. GivLab does not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that GivLab shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if givlab has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of GivLab, its employees, agents, successors, assigns, affiliates, and content or service providers’ respective liability is limited to the greatest extent permitted by such state law. GivLab does not endorse any sites on the Internet which are linked through the Service. If you or any User decides to access linked third party Web sites, you or such User does so at your own risk, including the risk associated with transmission or disclosure of individually identifiable information or PHI to such third party Web sites. You agree to indemnify and hold GivLab, its directors, officers, employees and agents from any and all liabilities, claims, damages, loss and costs (including reasonable attorneys' fees) related to any violation under HIPAA resulting from your access of such third party Web sites. GivLab shall not be responsible for any User's inability to access or utilize the Software or Service due to issues related to your (or such User's) failure or inability to provide appropriate hardware, software and Internet connectivity.
- The liability of GivLab for any losses or damage, whether direct or indirect, arising out of this Agreement from any cause whatsoever, including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed an amount equal to the total amount of all Subscription Fees paid by you to GivLab during the six (6) months immediately preceding the month during which such liability arose, but in no event less than One Thousand Dollars ($1000.00). GivLab shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against you by any third party, even if GivLab was advised (actually or constructively) of the possibility of same. Under no circumstances shall GivLab be liable hereunder for special damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages.
- The failure of GivLab to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GivLab and govern your use of the Service, superceding any prior agreements between you and GivLab (including, but not limited to, any prior versions of the Terms of Service).
- The Terms and Conditions and the relationship between you and GivLab shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and GivLab each agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. The failure of GivLab to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- When using the RVU Capture application for iOS, use of a passcode (see: Understanding data protection on Apple website) is required in order to protect patient data.