Terms & Conditions

MedEx Terms and Conditions

Version: 2026-03-29

Effective Date: Date of electronic signature during onboarding.

These Terms and Conditions ("Terms") are a binding agreement between HIPAABank, LLC d/b/a MedEx ("MedEx", "we", "our", "us") and the subscribing health care organization or professional practice ("Subscriber", "you", "your").

1. Scope of Services

  1. MedEx provides software and hosted services for clinical communication, reminders, and related operational workflows.
  2. Available features, service limits, and pricing are described in the MedEx platform and may vary by purchased plan.
  3. Services are intended for authorized professional use and lawful health care operations.

2. Account Eligibility and Authority

  1. You represent that the person accepting these Terms is authorized to bind your organization.
  2. You must provide accurate registration and contact information and keep it current.
  3. You are responsible for account actions performed by your authorized users.

3. Subscriber Responsibilities

  1. You are responsible for configuring users, facilities, messaging preferences, and safeguards within your environment.
  2. You must ensure your use complies with applicable laws, payer rules, and professional obligations, including consent and communication requirements.
  3. You are responsible for the legality and accuracy of content, templates, and communications sent using MedEx.

4. Fees, Billing, and Credits

  1. Paid services are billed according to your active subscriptions, quantities, and usage-based charges.
  2. Usage charges may include message delivery or other metered actions based on current pricing.
  3. If payment method authorization fails, MedEx may retry charges and may restrict service until payment issues are resolved.
  4. Credits and account balances are non-cash unless expressly required by law or stated in writing.

5. Data Protection and HIPAA

  1. Where required, the parties operate under a Business Associate Agreement (BAA).
  2. Each party is responsible for its own legal and security obligations under applicable privacy and security laws.
  3. You acknowledge software and communications systems have inherent risk; no system can guarantee absolute security.

6. Acceptable Use

  1. You may not use MedEx for unlawful activity, unauthorized access, abusive traffic, or interference with platform operations.
  2. You may not reverse engineer, decompile, or create unauthorized derivative works of MedEx software, except where non-waivable law permits.
  3. You may not remove or alter proprietary notices, branding, or legal attributions from MedEx materials.

7. Intellectual Property

  1. MedEx and its licensors retain all rights, title, and interest in the software, platform, and related intellectual property.
  2. Subject to these Terms and payment of applicable fees, MedEx grants you a limited, non-exclusive, non-transferable right to use the services during the subscription term.

8. Service Availability and Support

  1. MedEx targets commercially reasonable uptime and support response but does not warrant uninterrupted or error-free operation.
  2. Maintenance, upgrades, and incident response may temporarily affect service availability.

9. Term, Suspension, and Termination

  1. These Terms remain in effect while your account is active or services are used.
  2. MedEx may suspend or limit service for non-payment, material breach, abuse, security risk, or legal compliance reasons.
  3. Either party may terminate for material breach if not cured within a reasonable period after notice, unless immediate action is required by law or risk.

10. Disclaimers

  1. Except as expressly stated in a written agreement, services are provided "as is" and "as available".
  2. MedEx disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.

11. Limitation of Liability

  1. To the maximum extent permitted by law, MedEx is not liable for indirect, incidental, special, consequential, or punitive damages.
  2. To the maximum extent permitted by law, MedEx's aggregate liability for claims arising from these Terms is limited to amounts paid by Subscriber to MedEx for the affected services during the twelve (12) months before the event giving rise to the claim.
  3. Nothing in these Terms limits liability where such limitation is prohibited by law.

12. Governing Law and Disputes

Unless otherwise required by applicable law or a separate signed agreement, these Terms are governed by the laws of the Commonwealth of Massachusetts, excluding conflict-of-law principles.

13. Changes to Terms

  1. MedEx may update these Terms from time to time for legal, operational, or service reasons.
  2. Updated versions are effective when published, unless a later effective date is stated.

14. Entire Agreement

These Terms, together with applicable order details, pricing, and the BAA (when applicable), form the complete agreement regarding your use of MedEx services and supersede prior conflicting terms on the same subject.

Electronic Signature. By signing electronically during onboarding, Subscriber confirms it has read, understands, and agrees to these Terms and that the signer is authorized to bind Subscriber.