Terms of Service

These Terms govern use of PediaSync — the clinician portal and the sync service it provides to pediatric practices ("the Service", "PediaSync", "we", "us"). By creating an office account, signing in, or otherwise using the Service, you agree to these Terms and to the Privacy Policy. If you are creating an account on behalf of a practice, you represent that you are authorized to bind that practice to these Terms.

PediaSync lets a pediatric practice see the feed, sleep, diaper, medicine, growth, and note history that a family already records in the PediaSync mobile app, once that family has chosen to link a child to the practice. The Service is one-directional: a practice can read what a linked family sends, and cannot write to or alter a family's own record.

An office account belongs to a practice, not to an individual. The person who creates it is that account's owner and is responsible for the conduct of any clinician or staff member they give access to, for keeping login credentials confidential, and for issuing enrollment codes only to that practice's own patients.

You must provide accurate information when creating an account, including a work email address you can actually receive mail at — the Service requires that address to be verified before normal use.

A family's child is linked to your practice only when a parent or guardian, using their own device, enters a code your practice issued. PediaSync does not, and cannot, enroll a family on your behalf. You are responsible for issuing codes only in the course of an existing or prospective care relationship, and for not using the Service to obtain a family's health information for any other purpose.

A family may unlink from your practice, and may request that their data be deleted, at any time and without needing your approval. Losing sight of a family's ongoing history when they unlink is an expected consequence of how consent works here, not a malfunction.

You agree not to:

• access or attempt to access a family's data without a valid enrollment;
• share your login credentials, or an issued code, with anyone not entitled to use it;
• probe, scan, or attempt to bypass the Service's access controls;
• use the Service to store or transmit anything other than the clinical information it is built for; or
• use the Service in a way that violates applicable law, including healthcare privacy law in your jurisdiction.

If your practice is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), you remain solely responsible for your own compliance with it — including obtaining any authorization you need from a family, and limiting your use of the Service to your own patients. To the extent PediaSync creates, receives, maintains, or transmits protected health information on your behalf, that relationship is governed by our Business Associate Agreement, which your practice's founding member accepts on the practice's behalf when creating its account.

Creating an office account does not currently require payment. PediaSync may introduce fees for the Service, or for expanded usage beyond what a free account includes, in the future — if it does, you will be given advance notice before any charge applies to your account.

A family owns the data their device sends. Your practice is granted a limited license to view the data of families linked to it, for the purpose of their care, for as long as that link exists. Nothing in these Terms transfers ownership of a family's health information to your practice or to PediaSync.

The Service is provided "as is." PediaSync is not a substitute for clinical judgment, is not an emergency communication system, and makes no guarantee that data will be available without interruption. Do not rely on the Service for any situation where a delay or an outage could affect a patient's immediate safety.

To the fullest extent permitted by law, PediaSync will not be liable for any indirect, incidental, or consequential damages arising from use of the Service, and PediaSync's total liability for any claim relating to the Service will not exceed the amount, if any, you paid to use it in the twelve months before the claim arose.

You may stop using the Service at any time. PediaSync may suspend or terminate an account that violates these Terms, or that appears to be issuing codes outside of an actual care relationship. Termination does not affect a family's own right to unlink and request deletion under the Privacy Policy.

These Terms are governed by the laws of the State of Idaho, without regard to its conflict-of-laws rules.

PediaSync may update these Terms as the Service changes. Continuing to use the Service after an update takes effect means you accept the revised Terms; if a change is significant, we will make reasonable efforts to let account owners know before it takes effect.

Questions about these Terms can be sent to [email protected].