Terms of Use

These Terms of Use ("Terms") govern your access to and use of the websites, applications, and services provided by MKAdvantage, Inc. ("MKAdvantage," "we," "us," or "our"), including app.mkadvantage.com and related tools (collectively, the "Service"). By creating an account or using the Service, you ("you," "Customer," or "User") agree to these Terms. If you do not agree, do not use the Service.

1. Description of Service

MKAdvantage provides cloud-based software tools for healthcare and business operations, which may include HIPAA-compliant online forms, scheduling, secure messaging, teletherapy, and related features. Features available to you depend on the subscription plan or bundle you select. We may add, modify, or discontinue features at our discretion.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it current. You must notify us promptly of any unauthorized use of your account.

3. HIPAA and Customer Responsibilities

Where the Service is used to create, receive, maintain, or transmit Protected Health Information ("PHI"), MKAdvantage acts as a Business Associate and you act as the Covered Entity (or its Business Associate), as those terms are defined under HIPAA. The handling of PHI is governed by the Business Associate Agreement ("BAA") you accept separately, which is incorporated by reference. You are solely responsible for: (a) the accuracy, content, and legality of the data you collect and store; (b) obtaining all necessary consents and authorizations from individuals; (c) your own compliance with HIPAA and all other applicable laws; and (d) configuring and using the Service in a compliant manner.

4. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose; (b) upload malicious code or interfere with the Service's operation or security; (c) attempt to gain unauthorized access to any system or data; (d) resell or sublicense the Service without our written consent; (e) use the Service to send unsolicited communications in violation of applicable law; or (f) use the Service in any way that infringes the rights of others.

5. Fees, Trials, Billing, and Cancellation

Paid plans are billed in advance on a recurring basis (monthly or annually) through our third-party payment processor, PayPal. Free trials, where offered, last 14 days; unless you start a paid subscription, access ends when the trial expires. By starting a subscription, you authorize recurring charges until you cancel. You may cancel at any time from your dashboard or through PayPal; cancellation stops future renewals but does not entitle you to a refund for the current billing period, except where required by law. Fees are exclusive of taxes, which are your responsibility. We may change prices on prospective notice; changes apply at your next renewal. Plan changes (upgrades or downgrades) take effect as described at the time of the change.

6. Customer Data and Ownership

As between the parties, you retain all rights to the data you submit to the Service ("Customer Data"). You grant MKAdvantage a limited license to host, process, and transmit Customer Data solely to provide and support the Service and as permitted by the BAA. We do not claim ownership of Customer Data.

7. Intellectual Property

The Service, including its software, design, and content (excluding Customer Data), is owned by MKAdvantage and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

8. Third-Party Services

The Service relies on third-party providers (for example, cloud infrastructure, payment processing, email delivery, and video services). Your use of the Service may be subject to those providers' terms. We are not responsible for the acts or omissions of third-party providers.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS WHERE APPROPRIATE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MKADVANTAGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. Liability for matters governed by the BAA is addressed in the BAA.

11. Indemnification

You agree to indemnify and hold harmless MKAdvantage and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Customer Data; (c) your violation of these Terms or applicable law; or (d) your violation of the rights of any third party.

12. Term and Termination

These Terms apply while you use the Service. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Service in a manner that creates risk or legal exposure for us or others. Upon termination, your right to use the Service ceases. Handling of PHI after termination is governed by the BAA. Sections that by their nature should survive termination will survive.

13. Modifications to the Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or through the Service). Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except to the extent preempted by applicable federal law. The parties consent to the exclusive jurisdiction of the state and federal courts located in Florida.

15. Contact

Questions about these Terms may be sent to chris@mkadvantage.com.