Swift Charting Terms of Service
Effective Date: January 1, 2023
These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between you and Nationwide Psychiatry PLLC, doing business as SwiftCharting (“SwiftCharting,” “we,” “us,” or “our”).
Acceptance and Authority
- BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, STARTING A FREE TRIAL, CLICKING “I AGREE,” “CREATE MY ACCOUNT,” “START MY FREE TRIAL,” “JOIN MY TEAM,” OR ANY SIMILAR BUTTON OR CHECKBOX, OR OTHERWISE INDICATING ACCEPTANCE, YOU AGREE TO THESE TERMS.
You accept these Terms:
- for yourself, and
- for the practice, company, group, or other entity identified during account creation or in your account settings (the “Organization”), and if an Organization is identified, you also accept these Terms on behalf of the providers and team members operating under that Organization’s account.
If you use the Services on behalf of an Organization, you represent and warrant you have the legal authority to bind the Organization to these Terms. References to “you” and “your” include both the Organization and the individual using the Services (including the Account Owner).
IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT HAVE AUTHORITY TO BIND THE ORGANIZATION, YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE: DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
These Terms contain an arbitration provision (unless you opt out) and a class action waiver that affect your legal rights. Please read Section 26 carefully.
Definitions
For purposes of these Terms:
- “Account” means the SwiftCharting account created by the Account Owner for the Organization and its authorized users.
- “Account Owner” means the individual who opens the Account (or a successor designated under these Terms).
- “Client” means a customer of the Organization, including a patient, as applicable.
- “Client Portal” means the portal (web or app) that enables Clients to perform actions such as scheduling, messaging, forms, payments, telehealth access, and other permitted tasks.
- “Client Profile” means the record for an individual Client maintained in the Account (and, where enabled, reflected in the Client Portal).
- “Content” means templates, libraries, datasets, educational materials, documentation examples, and other materials made available through the Services, including any third-party content.
- “Dispute” means any dispute, claim, controversy, or action between you and SwiftCharting arising out of or relating to the Services, these Terms, communications, transactions, or the relationship between you and SwiftCharting (under any legal theory).
- “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and related laws and regulations, including HITECH, as amended.
- “Intellectual Property Rights” includes copyrights, trademarks, service marks, patents, trade secrets, database rights, and other proprietary rights recognized by law.
- “Payment Data” means payment card data or other payment method details, including account numbers, expiration dates, and security codes, and any comparable data used to process payments.
- “Personal Information” means information that identifies or can reasonably be linked to an individual or household, such as name, email, IP address, phone number, and similar identifiers, plus broader categories where applicable under law.
- “PHI” means Protected Health Information as defined under HIPAA.
- “Services” means the SwiftCharting platform and related offerings, including our websites, subdomains, mobile apps, hosted software, portals, and associated systems. Services may include, without limitation: EHR features, scheduling, documentation, eMAR, client messaging, telehealth tools, e-prescribing integrations, electronic lab ordering, forms, billing features, client portal features, and other products or modules we make available.
- “Team Member” means you and any employees, contractors, agents, or service providers you authorize to access the Account.
- “Telehealth” means the audio/video communications features offered through the Services.
- “Territory” means the geographic region(s) where SwiftCharting permits Accounts to be created and used, as described in Section 3 and Section 4.
- “Transaction Data” means payment-related transaction information, tokenized values, bank/settlement data, and similar transaction records connected to billing or payment processing.
- “User Data” means all data, files, images, audio/video, text, documentation, schedules, forms, messages, and information that you or your Users submit to the Services or generate through use of the Services, including PHI, Transaction Data, Practice Information, and Client records.
- “Users” means you, Team Members, and Clients (to the extent a Client interacts with the Client Portal or other client-facing features).
Eligibility and Account Verification
You must be at least 18 years old (or the age of majority where you reside) to create an Account.
SwiftCharting may require identity, business, or credential verification for the Account Owner and/or Organization, and you agree to provide accurate documentation and information as requested by SwiftCharting or its verification providers.
You are responsible for safeguarding verification credentials, usernames, passwords, and access methods for all Users.
If you provide services to minors, you are responsible for obtaining any required parent/guardian consent unless applicable law permits services without such consent. If a User is under 13, you are responsible for obtaining legally required consent for data collection and processing before using the Services with that User.
Creating an Account
You agree to provide accurate, current, and complete registration information (“Registration Data”) and to keep it updated in account settings.
SwiftCharting may require information showing a permitted presence in the Territory (for example, a license number, practice address, or bank information). SwiftCharting assigns or confirms an Account identifier (“Account Name”).
Territory restriction: You may only create an Account from within the Territory, and you may only access the Services as permitted under Section 4.
SwiftCharting may modify Territory availability at any time.
Accessing the Services; International Use
You and Team Members may access the Services only as permitted in the Territory. Clients may access client-facing features from locations outside the Territory at their own risk and subject to these Terms, and SwiftCharting does not accept responsibility for such access outside permitted regions.
The Services may be hosted in the United States or other locations SwiftCharting uses for operations. If you access the Services from outside the United States, you are responsible for compliance with local laws.
Software and encryption features may be subject to export controls and sanctions laws. You agree to comply with all applicable export and sanctions requirements.
Responsibility for Account Use
You are responsible for:
- all activity under your Account,
- the actions of Team Members and other Users you authorize,
- and the accuracy and legality of User Data entered into the Services.
You agree that you and your Organization are jointly responsible for compliance with these Terms. If fraud, unlawful conduct, or Terms violations occur in connection with your Account, SwiftCharting may suspend or terminate access as described in Section 23 and Section 24, and you may be responsible for related fees or consequences.
Credentials, Passwords, and Security
The Account Owner must create login credentials. You must maintain confidentiality of passwords and access methods.
Each User must have their own login credentials. Credential sharing is prohibited. SwiftCharting may suspend access, limit features, or adjust fees if credential sharing occurs.
You must promptly notify SwiftCharting of suspected unauthorized access or security compromise.
Fees, Billing, Taxes, and No Refunds
Paid Services are provided for fees described on the SwiftCharting pricing page or in an order form, subscription page, invoice, or other written agreement.
All fees are exclusive of taxes, duties, levies, and governmental charges (“Taxes”). You are responsible for applicable Taxes. SwiftCharting may collect Taxes where required and may apply them retroactively if legally necessary.
You authorize SwiftCharting (and its payment processor) to charge your payment method for subscription fees, usage fees, add-ons, and applicable Taxes.
If payment is delinquent, SwiftCharting may suspend or terminate the Services and/or the Account.
No refunds: Except where required by law or explicitly stated in writing by SwiftCharting, payments are non-refundable, including for partial periods or unused Services.
Changes to the Services
SwiftCharting may add, modify, discontinue, or remove features or modules for security, compliance, improvement, error correction, or business reasons. We will provide notice when reasonable (email, in-app notice, or website posting).
User Data
9.1 Your Ownership and Permissions
As between you and SwiftCharting, you retain rights in your User Data. You represent and warrant that you have all rights, permissions, consents, and lawful bases required to upload, use, and authorize SwiftCharting to process User Data as described in these Terms.
9.2 License to Process User Data
You grant SwiftCharting and its affiliates a non-exclusive, worldwide, royalty-free license to host, store, backup, transmit, display, reproduce, and otherwise process User Data only as needed to:
- provide and support the Services,
- maintain security, quality, and performance,
- comply with law,
- and improve and develop the Services.
To the extent SwiftCharting uses data to improve products, SwiftCharting will do so in a manner intended to avoid identifying you, your Organization, or any individual, consistent with applicable law and our privacy practices.
9.3 Payment Processor Data
If you use integrated payment features, you authorize SwiftCharting to receive and use Transaction Data and related information from payment processors for operational purposes such as reconciliation, reporting, support, dispute handling, and improving payment workflows.
9.4 Your Compliance Obligations; Audit Logs
You are responsible for ensuring your use of the Services complies with professional standards and applicable law, including HIPAA.
You understand that actions within the Services may be logged (including audit logs). You are responsible for how you manage documentation actions (including any “unlocking” or editing of locked notes if your workflow allows that), and for maintaining legally compliant record integrity.
9.5 Prohibited User Data
You may not upload, store, transmit, or share User Data that:
- is unlawful, defamatory, harassing, threatening, or fraudulent,
- infringes intellectual property or privacy rights,
- contains third-party Personal Information without required consent,
- includes malware or malicious code,
- or violates applicable laws or regulations.
9.6 Removal Rights
SwiftCharting may remove or restrict access to User Data if needed to enforce these Terms, comply with law, or protect the Services.
9.7 Account Ownership and Transfer
You are responsible for managing access and transitions for your Users. If an authorized User dies, becomes incapacitated, or is no longer affiliated, you must promptly revoke access and ensure lawful continuity and record retention.
SwiftCharting may require verification and documentation before transferring Account Owner role or granting access to exported records, especially where PHI is involved.
Privacy; HIPAA; Business Associate Agreement
SwiftCharting’s privacy practices are described in our:
- Privacy Policy: [Insert Link]
- Client Portal Privacy Notice (if separate): [Insert Link]
SwiftCharting does not sell Personal Information contained in User Data as described in these Terms.
Where SwiftCharting acts as a business associate under HIPAA, SwiftCharting will process PHI as permitted by these Terms and the Business Associate Agreement (“BAA”).
BAA: If applicable, you agree to the SwiftCharting BAA, which is incorporated by reference. If these Terms conflict with the BAA regarding PHI, the BAA controls.
You are responsible for providing required notices and obtaining all required consents from Clients and other Users, including consents for telehealth, messaging, forms, payments, and data processing.
SwiftCharting does not provide legal advice. You should consult qualified counsel for your compliance obligations.
Legal requests: If SwiftCharting receives a subpoena or legal demand for User Data, we will provide notice when permitted unless legally prohibited or advised otherwise by counsel.
Export and retention: You are solely responsible for exporting, retaining, and securely storing records (including PHI) to meet legal and ethical retention obligations.
Third-Party Services, Links, and Materials
The Services may integrate with or link to third-party services (for example, payment processors, e-prescribing networks, lab vendors, telehealth infrastructure providers, analytics tools, and other integrations) (“Third-Party Services”).
SwiftCharting does not control Third-Party Services and is not responsible for their content, availability, accuracy, security, or policies. Your use of Third-Party Services may be subject to additional terms directly between you and the third party.
Payment Processing and Billing Integrations
If SwiftCharting enables payment processing through a third party, you must agree to that provider’s terms (for example, the provider’s connected account agreement).
You agree:
- to enter Payment Data only in designated payment fields,
- not to store Payment Data in clinical notes or non-payment fields,
- and to comply with the payment processor’s rules, including prohibited business restrictions.
You authorize SwiftCharting and the processor to handle transaction communications, refunds, disputes/chargebacks, reconciliation, and reporting.
SwiftCharting may place risk holds, reserve balances, or delay payouts where required for fraud prevention, dispute handling, regulatory compliance, or processor rules.
Interruption of Service; Backups
You are responsible for maintaining compatible devices, internet access, and systems needed to use the Services.
SwiftCharting may perform maintenance or suspend access to protect system integrity, security, or for operational reasons. Interruptions may occur.
You acknowledge that no system is perfectly error-free. You should maintain independent backup and continuity procedures appropriate to your legal and clinical obligations.
SwiftCharting Intellectual Property; Limited License to You
SwiftCharting and its licensors own all Intellectual Property Rights in the Services, including software, UI, workflows, and trademarks (“SwiftCharting Marks”).
Subject to these Terms, SwiftCharting grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during an active subscription or permitted trial.
License Restrictions
You may not, and may not allow others to:
- access the Services without authorization,
- copy or replicate features, functions, or graphics,
- resell, rent, lease, or sublicense the Services,
- modify or create derivative works of the Services,
- reverse engineer or attempt to extract source code,
- interfere with normal operation, security, or other users’ access,
- use scraping, bots, spiders, or automated requests that burden the Services (except public search indexing if expressly permitted by posted robots.txt rules).
Feedback
If you submit ideas, suggestions, or feedback, you grant SwiftCharting a perpetual, irrevocable right to use it without restriction or compensation.
- Content; Templates; Third-Party Content
If SwiftCharting provides templates, sample documentation, or third-party content, it is provided for convenience only. You are responsible for applying your professional judgment and ensuring compliance with applicable documentation, billing, and clinical standards.
Unless explicitly permitted, you may not redistribute Content outside the Services.
Service-Specific Terms
17.1 Telehealth
Telehealth features are technology tools only. SwiftCharting does not provide medical care, clinical decision-making, or emergency services.
You must obtain required telehealth notices and consents from Clients, including at minimum:
- Telehealth is not for emergencies; in an emergency, call 911 (or local emergency services).
- SwiftCharting is a technology provider, not a medical provider.
- You are solely responsible for care delivery, licensure, and determining whether telehealth is clinically appropriate and legally permitted.
- Connectivity limitations may affect session quality; you are responsible for contingency planning.
You are responsible for participant limits, conduct rules, and compliance with applicable law.
17.2 e-Prescribing (if enabled)
If you use e-prescribing, you acknowledge it may be provided through a Third-Party Service (e.g., eRx network, identity proofing, EPCS, formulary, pharmacy routing).
You are responsible for:
- meeting identity verification requirements,
- complying with EPCS rules for controlled substances where applicable,
- maintaining licensure and DEA/NPI credentials as required,
- verifying medication orders and clinical appropriateness.
SwiftCharting does not guarantee pharmacy acceptance, delivery times, formulary accuracy, or uninterrupted routing.
17.3 Electronic Lab Ordering (if enabled)
If electronic lab ordering is enabled, lab services may be provided through Third-Party Services.
You are responsible for:
- ordering appropriate tests,
- verifying results,
- acting on critical values,
- meeting notification and follow-up obligations,
- and complying with applicable laws regarding lab orders and result handling.
SwiftCharting does not provide clinical interpretation of results.
17.4 eMAR (Electronic Medication Administration Record) (if enabled)
eMAR tools assist with documentation and tracking. You are responsible for:
- medication list accuracy,
- documentation integrity,
- clinical oversight and reconciliation,
- and compliance with applicable facility and legal standards.
17.5 Client Portal and Secure Messaging
Client portal access is a convenience feature. You are responsible for:
- setting appropriate communication policies,
- obtaining consent for messaging where required,
- informing Clients that messaging is not for emergencies,
- and responding according to your clinical policies and legal duties.
17.6 Professional Website (if enabled)
If SwiftCharting offers a professional website tool, you are responsible for the content you publish, including accuracy, consent for testimonials, and compliance with advertising/healthcare marketing rules.
You grant SwiftCharting a license to host and display your published content for website functionality. SwiftCharting may place attribution or required legal links on hosted sites.
17.7 Measurement-Based Care and Assessments (if enabled)
Assessment tools are not medical devices unless explicitly stated. You remain fully responsible for clinical decisions, diagnosis, treatment selection, and interpretation.
Release
Except to the extent caused by SwiftCharting’s gross negligence or willful misconduct, you agree not to hold SwiftCharting responsible for:
- your clinical decisions,
- the actions of Users you authorize,
- or disputes between you and Clients or other third parties.
Disclaimers
THE SERVICES, CONTENT, AND THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SWIFTCHARTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SwiftCharting does not guarantee uninterrupted, error-free, or virus-free operation.
SwiftCharting does not guarantee that use of the Services alone will make you compliant with HIPAA or other laws. You remain responsible for administrative, technical, and physical safeguards required for compliance.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTCHARTING WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTCHARTING’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF:
- (A) AMOUNTS YOU PAID TO SWIFTCHARTING FOR THE SERVICES IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR
- (B) $150.00 USD.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless SwiftCharting and its affiliates, officers, directors, employees, and agents from claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from:
- your breach of these Terms,
- your User Data (including alleged infringement or privacy violations),
- your or your Users’ unlawful or negligent conduct,
- your clinical services, billing practices, or compliance obligations,
- or disputes with Clients.
Relationship of the Parties
No agency, partnership, joint venture, employment, or franchise relationship is created. Users are not third-party beneficiaries except where expressly stated.
Suspension and Termination
You may terminate by closing the Account at any time (subject to any outstanding amounts due).
SwiftCharting may suspend or terminate access (including Team Member access) if we reasonably determine it is necessary to:
- enforce these Terms,
- address security risk,
- comply with law,
- prevent fraud,
- or protect SwiftCharting, Users, or third parties.
No refunds are owed for suspension or termination except where required by law.
Post-Termination Access; Data Export
Upon termination or expiration:
- your access to the Services ends except for limited export access where provided,
- you remain responsible for exporting and retaining records required by law.
Unless SwiftCharting states otherwise in your plan terms, SwiftCharting may make User Data available for download for up to 64 days after termination (including trial accounts), after which data may be deleted or de-identified consistent with our policies and applicable law.
Government Use; Export Controls; Sanctions
If used by a government entity, the Services are commercial software and provided under these Terms to the extent permitted by procurement laws.
You agree to comply with U.S. export laws and sanctions rules (including OFAC), and not to use the Services in prohibited jurisdictions or with prohibited parties.
Dispute Resolution; Arbitration; Class Action Waiver
26.1 Informal Resolution First
Before initiating arbitration, you agree to contact SwiftCharting to attempt informal resolution:
- Notice email: info@swiftcharting.com
- Subject line: “Dispute Notice”
Include your account name, details of the dispute, and desired resolution.
If not resolved within 30 days, either party may proceed to arbitration as described below.
26.2 Binding Arbitration (Unless You Opt Out)
Except for (a) small claims matters and (b) requests for injunctive relief to protect intellectual property, Disputes will be resolved by binding arbitration.
Arbitration will be administered by the American Arbitration Association (AAA) under its consumer rules (as modified by these Terms). Hearings may be held by video or phone unless an in-person hearing is required.
26.3 Opt-Out Right
You may opt out of arbitration by sending written notice within 30 days of the earliest of:
- the date you first use the Services, or
- the date you click “Accept,” “Agree,” or similar.
Send opt-out notice to:
SwiftCharting Legal
info@swiftcharting.com
26.4 Governing Law and Venue
These Terms are governed by the laws of the State of Arizona, excluding conflict of law rules, and the Federal Arbitration Act governs arbitration procedures where applicable.
If arbitration does not apply (or you validly opt out), disputes will be brought in the state or federal courts located in [Insert County], Arizona, unless prohibited by law.
26.5 Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND REPRESENTATIVE PROCEEDINGS ARE WAIVED.
If a court or arbitrator finds the class waiver unenforceable for a particular claim, that claim will proceed in court and the remainder of the dispute will proceed in arbitration.
Assignment
You may not assign these Terms or your Account without SwiftCharting’s prior written consent. SwiftCharting may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets, or otherwise as permitted by law.
Entire Agreement; Interpretation; Severability
These Terms, plus any referenced policies (Privacy Policy, BAA, and any service-specific terms or order forms), are the entire agreement regarding the Services.
Section headings are for convenience only. “Including” means “including without limitation.”
If any provision is unenforceable, the remaining provisions remain in effect.
- Notices
SwiftCharting may provide notices via:
- email to the account email,
- in-app notifications,
- or postings within the Services.
Notices to SwiftCharting must be sent to:
SwiftCharting Legal / Compliance
info@swiftcharting.com
Community Guidelines (If Applicable)
If SwiftCharting offers a community forum, your participation is subject to separate community rules posted within that forum.
Electronic Communications Consent
You consent to receive communications electronically, including billing, verification, onboarding, security notices, administrative updates, and product communications.
You may opt out of marketing where legally required; you cannot opt out of essential service and legal notices.
You are responsible for obtaining required consent before sending texts, emails, or portal communications to Clients, and for honoring Client opt-outs as required by law.
DMCA (Copyright) Notice
SwiftCharting will respond to properly submitted DMCA notices.
To submit a DMCA notice, provide:
- your signature (physical or electronic),
- identification of the copyrighted work,
- identification and location of the allegedly infringing material,
- your contact information,
- a good-faith statement that the use is unauthorized,
- and a statement under penalty of perjury that the information is accurate.
Send notices to:
DMCA Agent, SwiftCharting
Email: info@swiftcharting.com
SwiftCharting may terminate repeat infringers as appropriate.