Terms of Service
Effective Date: February 19, 2026
These Terms of Service ("Terms") govern your use of the Clear ePCR Software electronic patient care reporting application and related services (the "Service") provided by ePCR Solutions LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. Service Description
Clear ePCR Software provides a HIPAA-aligned, offline-first Progressive Web Application for electronic patient care reporting. The Service is built with HIPAA-grade security controls; ePCR Solutions LLC does not claim third-party HIPAA certification, and the customer organization remains responsible for its own HIPAA program. The Service includes:
- Incident documentation and management
- Encrypted local and cloud data storage
- Role-based access control and user management
- Offline data capture with automatic synchronization
- Audit trail and compliance reporting
- Supervisor review workflows
- Custom fields and organizational branding
2. Demo and Evaluation Use
We offer an interactive demo of Clear ePCR so you can evaluate how it works. The following terms apply whenever you access the demo, in addition to the rest of these Terms. Where this section conflicts with another section for demo use, this section controls.
- Evaluation and demonstration only. The demo is provided solely for evaluation and demonstration. It is not intended for clinical, operational, or production use, and must not be relied on to document, treat, or make decisions about any real person.
- Do not enter real PHI. You must not enter real patient information, protected health information (PHI), or any other confidential or personally identifiable information into the demo. Use only fictional or sample data. The demo is not intended to safeguard real PHI, and any data you enter may be visible to others, reset, or deleted at any time.
- Provided "as is." The demo is provided free of charge, "as is" and "as available," without warranties of any kind, express or implied. It may contain sample content, may change, and may be withdrawn or become unavailable at any time without notice.
- No HIPAA obligation or business associate relationship. Offering or using the demo does not make ePCR Solutions LLC a business associate of you or your organization, and creates no HIPAA obligation, Business Associate Agreement (BAA), or other data-protection duty on our part. A business associate relationship arises only under a separate signed agreement for the paid Service.
- No liability for demo use. To the maximum extent permitted by law, ePCR Solutions LLC has no liability arising from your use of the demo. The disclaimers in Section 9 and the limitation of liability in Section 10 apply in full to the demo.
3. Account Terms
3.1 Account Creation
Accounts are created by your organization's administrator. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
3.2 Account Security
You agree to:
- Keep your password confidential and use a strong, unique password
- Complete any required password changes (including initial temporary passwords)
- Not share your account credentials with any other person
- Notify your administrator immediately of any unauthorized account access
- Lock your session when stepping away from your device
3.3 Device Enrollment
The Service supports multi-device enrollment for passwordless access. You are responsible for enrolling only trusted devices and promptly reporting lost or stolen devices to your administrator for revocation.
4. Acceptable Use
You agree to use the Service only for its intended purpose of medical incident documentation. You agree not to:
- Use the Service for any unlawful purpose
- Attempt to bypass security controls, access controls, or encryption
- Access data you are not authorized to view based on your assigned role
- Share, export, or disclose protected health information (PHI) except as permitted by HIPAA and your organization's policies
- Attempt to reverse-engineer, decompile, or extract source code from the Service
- Introduce malicious code, viruses, or other harmful material
- Interfere with or disrupt the Service's infrastructure
5. Data Ownership and Responsibility
5.1 Your Data
Your organization retains all ownership rights to the data entered into the Service. We do not claim any ownership rights over your incident reports, patient data, or organizational content.
5.2 HIPAA Responsibilities
Your organization is responsible for:
- Determining what constitutes PHI in your use of the Service
- Training staff on HIPAA compliance and proper use of the Service
- Configuring appropriate data retention policies
- Managing user access levels and promptly revoking access for departing staff
- Reviewing emergency access events
- Reporting suspected breaches to us and affected parties as required by law
5.3 Data Accuracy
You are responsible for the accuracy and completeness of all information entered into the Service. The Service provides tools for data entry but does not validate clinical accuracy.
6. Service Availability
6.1 Offline Functionality
The Service is designed to function offline. However, certain features (synchronization, push notifications, and multi-device access) require an internet connection. We are not responsible for data discrepancies that may arise from extended offline periods or synchronization conflicts.
6.2 Uptime
We strive to maintain high availability for our cloud services but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible. The offline-first design ensures you can continue working during cloud outages.
7. Intellectual Property
The Service, including its design, code, features, and documentation, is the intellectual property of ePCR Solutions LLC and is protected by copyright and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your organization's internal purposes.
8. Payment Terms
Payment terms, pricing, and billing cycles are specified in your organization's service agreement. Failure to maintain payment may result in service suspension or termination. Your data will be preserved for a reasonable period following termination to allow for export.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted or error-free
- Data synchronization will be instantaneous in all conditions
- The Service meets all regulatory requirements specific to your jurisdiction
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPCR SOLUTIONS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.
Our total liability for any claims arising under these Terms shall not exceed the amount paid by your organization for the Service in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless ePCR Solutions LLC from any claims, damages, or expenses arising from your violation of these Terms, your misuse of the Service, or your organization's failure to comply with applicable laws including HIPAA.
12. Termination
Either party may terminate the service relationship with written notice as specified in your service agreement. Upon termination:
- Your access to the Service will be revoked
- We will provide a reasonable window for you to export your data
- After the export window, your data will be permanently deleted from our systems
- Local data on enrolled devices should be cleared by your administrator
We may immediately suspend or terminate access for material violations of these Terms or for conduct that threatens the security of the Service.
13. Changes to Terms
We may modify these Terms from time to time. We will notify registered users of material changes at least 30 days before they take effect. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Michigan.
15. Contact Us
For questions about these Terms, please contact us:
- Email: hello@epcrsoftware.com
- Phone: 1 (833) 442-7331
- Web: epcrsoftware.com/contact