Terms of Use
These Terms of Use ("Terms") govern your access to and use of the practice-management software, websites, and related services (the "Service") provided by Bearister ("Bearister," "we," "us," or "our"). Please read them carefully.
1. Acceptance of these Terms
By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a firm or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, do not use the Service.
2. The Service and license
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription term. We may update, improve, or modify the Service over time. We reserve all rights not expressly granted.
3. Accounts and eligibility
You must provide accurate information when creating an account and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. You must be at least 18 years old and capable of forming a binding contract. Notify us promptly of any unauthorized use.
4. Customer Data and ownership
As between you and Bearister, you retain all rights to the data you and your users submit to the Service ("Customer Data"). You grant us a limited license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and support the Service and as otherwise permitted in these Terms and our Privacy Policy.
You are responsible for your Customer Data, including its accuracy and legality, for having the rights and consents needed to provide it to us, and for your use of the Service in compliance with applicable laws and professional obligations.
5. Professional responsibility
Bearister is a software provider. It is not a law firm, does not provide legal, accounting, or other professional advice, and is not a substitute for your professional judgment. You remain solely responsible for compliance with your applicable rules of professional conduct, including duties of competence and client confidentiality, and with trust-accounting and recordkeeping rules that apply to your practice. Features that assist with deadlines, calendaring, or trust accounting are aids, not guarantees, and you are responsible for independently verifying critical dates, calculations, and balances.
6. Acceptable use
You agree not to:
- use the Service in violation of any law or third-party right;
- upload malicious code or interfere with the integrity or performance of the Service;
- attempt to gain unauthorized access to the Service or related systems;
- reverse engineer, decompile, or attempt to derive source code, except as permitted by law;
- resell, sublicense, or provide the Service to third parties except your authorized users; or
- use the Service to build a competing product.
7. Fees and payment
During the initial roll-out of the Service, it is free to use (the "Beta Period). After the Beta Period, the Service will require users to subscribe to a plan.
8. Confidentiality
Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, already known, independently developed, or rightfully received from a third party.
9. Third-party services
The Service may integrate with third-party products. Your use of those products is governed by their own terms, and we are not responsible for them. We do not endorse and are not liable for third-party services.
10. Intellectual property
The Service, including its software, design, and content (excluding Customer Data), is owned by Bearister and its licensors and is protected by intellectual-property laws. The Bearister name and logo are our marks and may not be used without permission. Feedback you provide may be used by us without restriction or obligation.
11. Term and termination
These Terms apply while you use the Service. You may stop using the Service at any time, and either party may terminate as set out in the applicable plan or order form. We may suspend or terminate access if you materially breach these Terms or if necessary to protect the Service or others. On termination, your right to use the Service ends; you may export Customer Data during the window described in our Privacy Policy or your agreement, after which we may delete it. Sections that by their nature should survive will survive.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You will defend, indemnify, and hold Bearister harmless from claims, damages, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, or your breach of these Terms, except to the extent caused by Bearister.
15. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, unless the parties agree to binding arbitration.
16. Changes to these Terms
We may revise these Terms from time to time. When changes are material, we will update the date above and provide reasonable notice. Continued use of the Service after changes take effect constitutes acceptance.
17. Miscellaneous
These Terms, together with any order form and our Privacy Policy, are the entire agreement between you and Bearister regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
18. Contact us
Questions about these Terms can be sent to daniel@endpointlaw.com.