Terms of Service
Last updated: February 3, 2026
Introduction
Welcome to Genkō Healthcare Platform. These Terms of Service ("Terms", "Agreement") govern your access to and use of the Genkō platform, including our website, mobile applications, APIs, and all related services (collectively, the "Services"). Genkō is operated by Genkō Healthcare SaaS ("we", "us", "our", "Company"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. These Terms constitute a legally binding agreement between you and Genkō Healthcare SaaS.
Definitions
For the purposes of these Terms: "Account" means a unique account created for you to access our Services. "Authorized Users" means employees, contractors, or agents of an Organization who are permitted to use the Services. "Covered Entity" refers to healthcare providers, health plans, or healthcare clearinghouses as defined by HIPAA. "Organization" means the healthcare practice, clinic, hospital, or business entity that subscribes to our Services. "Patient Data" means any personal health information (PHI) or electronic protected health information (ePHI) processed through our platform. "Platform" refers to the Genkō software application and all associated tools. "Subscription" refers to the paid plan selected by the Organization. "User" means any individual who accesses or uses the Services, including administrators, healthcare providers, staff, and patients.
Acceptance of Terms
By creating an account, accessing, or using any part of the Genkō platform, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity and authority to enter into this Agreement; (c) if you are accepting these Terms on behalf of an Organization, you have the authority to bind that Organization to these Terms; (d) all information you provide to us is accurate, current, and complete; and (e) you will maintain the accuracy of such information. Your continued use of the Services following any modifications to these Terms constitutes acceptance of the modified Terms.
Service Description
Genkō is a comprehensive, HIPAA-compliant healthcare management platform designed for healthcare providers of all sizes. Our Services include, but are not limited to: Patient scheduling and appointment management with automated reminders; Electronic health records (EHR) management and clinical documentation; Billing and revenue cycle management; Telemedicine and virtual care capabilities; Patient portal for secure communication and health record access; Practice analytics and reporting; Multi-location and multi-provider support; Integration with third-party healthcare systems; Staff management and workflow automation; and Secure messaging and communication tools. The specific features available to you depend on your subscription plan and may be modified, enhanced, or discontinued at our discretion.
Account Registration and Security
To use certain features of our Services, you must register for an account. When registering, you agree to: (a) provide true, accurate, current, and complete information; (b) maintain and promptly update your information to keep it current; (c) maintain the security and confidentiality of your login credentials; (d) immediately notify us of any unauthorized use of your account or any other security breach; and (e) accept responsibility for all activities that occur under your account. We reserve the right to suspend or terminate accounts that contain false or misleading information. You are solely responsible for managing access to your Organization's account and ensuring that all Authorized Users comply with these Terms.
User Responsibilities and Conduct
As a user of our Services, you are responsible for: (a) ensuring all use of the Services complies with applicable laws, regulations, and professional standards; (b) obtaining all necessary consents and authorizations from patients before entering their information into the platform; (c) maintaining appropriate backup copies of your data; (d) training Authorized Users on proper use of the platform and these Terms; (e) implementing appropriate administrative, physical, and technical safeguards within your organization; (f) promptly reporting any security incidents or suspected breaches to us; (g) using the Services only for their intended purpose of healthcare management; and (h) ensuring that all information entered into the platform is accurate and complete.
Acceptable Use Policy
You agree NOT to use our Services to: (a) violate any applicable local, state, national, or international law or regulation; (b) access, collect, or store personal data about other users without their consent; (c) transmit any viruses, malware, or other harmful code; (d) interfere with or disrupt the integrity or performance of the Services; (e) attempt to gain unauthorized access to any systems or networks; (f) engage in any activity that could damage, disable, or impair our infrastructure; (g) use the Services in any manner that could be considered fraudulent or deceptive; (h) resell, sublicense, or provide access to the Services to unauthorized third parties; (i) use automated means (bots, scrapers) to access the Services without our prior written consent; (j) remove, alter, or obscure any proprietary notices; (k) use the Services for purposes other than legitimate healthcare operations; or (l) engage in any activity that violates patient privacy or confidentiality.
HIPAA Compliance and Business Associate Agreement
Genkō is designed to be HIPAA-compliant and supports Covered Entities in meeting their obligations under the Health Insurance Portability and Accountability Act (HIPAA). For Organizations that are Covered Entities or Business Associates under HIPAA: (a) we will enter into a Business Associate Agreement (BAA) upon request; (b) we implement administrative, physical, and technical safeguards required by the HIPAA Security Rule; (c) we will report any breaches of unsecured PHI as required by the HIPAA Breach Notification Rule; (d) we limit use and disclosure of PHI to the minimum necessary for providing Services; (e) we maintain audit logs and access controls required for HIPAA compliance; and (f) we ensure our subcontractors with access to PHI are bound by similar obligations. The BAA, when executed, is incorporated into these Terms. You remain responsible for your own HIPAA compliance, including workforce training, patient authorizations, and organizational policies.
Data Privacy and Security
We take the privacy and security of your data seriously. Our data handling practices include: (a) encryption of data in transit using TLS 1.3 and at rest using AES-256 encryption; (b) regular security assessments and penetration testing; (c) access controls based on least privilege principles; (d) comprehensive audit logging of all system access and data modifications; (e) regular backup and disaster recovery procedures; (f) secure data centers with SOC 2 Type II compliance; (g) employee security training and background checks; and (h) incident response procedures for detecting and responding to security events. For complete details on how we collect, use, and protect your information, please refer to our Privacy Policy, which is incorporated into these Terms by reference.
Subscription Plans and Fees
Access to certain features of our Services requires a paid subscription. By subscribing, you agree to: (a) pay all fees associated with your selected plan; (b) provide accurate billing information and keep it current; (c) pay applicable taxes unless exempt; and (d) authorize us to charge your payment method on a recurring basis. Subscription fees are billed in advance on a monthly or annual basis depending on your plan. All fees are non-refundable except as expressly stated in these Terms or required by law. We reserve the right to change our pricing with 30 days notice; continued use after the price change constitutes acceptance.
Free Trials and Beta Features
We may offer free trials or beta features at our discretion. Free trials: (a) are subject to eligibility requirements; (b) may automatically convert to paid subscriptions unless cancelled; (c) may have access limitations compared to paid plans; and (d) can be terminated by us at any time. Beta features: (a) are provided "as is" without warranties; (b) may be unstable or contain bugs; (c) can be modified or discontinued without notice; and (d) should not be used for production purposes or to process real patient data without appropriate risk assessment.
Intellectual Property Rights
All intellectual property rights in the Services belong to Genkō Healthcare SaaS. This includes: (a) the platform software, algorithms, and user interfaces; (b) trademarks, logos, and brand elements; (c) documentation, training materials, and content; (d) database structures and data models (excluding your content); and (e) any improvements, modifications, or derivative works. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes during your subscription term. You retain all rights to your data and content uploaded to the platform. You grant us a limited license to use, copy, and process your content solely to provide the Services.
Data Ownership and Portability
You retain ownership of all data and content you upload to the platform ("Your Data"). We claim no ownership rights over Your Data. Upon termination or at your request, we will: (a) provide you with a copy of Your Data in a standard, portable format; (b) maintain Your Data for a reasonable period (30 days) to allow retrieval; and (c) securely delete Your Data after the retention period unless required by law to retain it. We may retain de-identified, aggregated data that does not identify you or your patients for analytics, research, and service improvement purposes.
Third-Party Integrations and Services
Our Services may integrate with or link to third-party services, including: (a) payment processors (Stripe); (b) cloud infrastructure providers; (c) analytics services; (d) communication services; and (e) other healthcare software systems. These third-party services have their own terms and privacy policies. We are not responsible for: (a) the availability, accuracy, or reliability of third-party services; (b) any data processing by third parties beyond our control; (c) any damages arising from third-party service failures; or (d) the privacy practices of third-party services. Your use of integrated services may be subject to additional terms.
Warranties and Disclaimers
We warrant that: (a) the Services will perform substantially as described in our documentation; (b) we will provide the Services with reasonable skill and care; and (c) we will maintain security measures consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that: (a) the Services will be uninterrupted or error-free; (b) defects will be corrected; (c) the Services are free of viruses or harmful components; or (d) the Services will meet all your requirements. The Services are not intended to replace professional medical judgment. Healthcare providers are solely responsible for clinical decisions.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM; (b) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (c) WE SHALL NOT BE LIABLE FOR LOST PROFITS, DATA LOSS, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM; and (d) WE SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM YOUR VIOLATION OF HIPAA OR OTHER LAWS. These limitations apply regardless of the legal theory (contract, tort, warranty, etc.) and even if we were advised of the possibility of such damages. Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Genkō Healthcare SaaS, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including patient privacy rights; (e) your content or data uploaded to the platform; (f) any breach of your security obligations; or (g) any claim by your patients, employees, or contractors related to your use of the Services. We will notify you of any such claim and reasonably cooperate in the defense.
Term and Termination
These Terms remain in effect until terminated. Either party may terminate: (a) at the end of any subscription period with 30 days notice; (b) immediately upon material breach by the other party that is not cured within 30 days of written notice; or (c) immediately if required by law. We may suspend or terminate your access immediately if: (a) you fail to pay fees when due; (b) we reasonably believe you violated these Terms; (c) your use poses a security risk; or (d) we are required to do so by law. Upon termination: (a) your right to access the Services ceases immediately; (b) you must pay all outstanding fees; (c) provisions that should survive termination (limitation of liability, indemnification, dispute resolution) will continue in effect; and (d) we will handle your data according to the Data Ownership section.
Dispute Resolution
We want to address your concerns without litigation. Before filing a claim, you agree to contact us at legal@getgenko.com to attempt informal resolution. If we cannot resolve the dispute informally within 60 days, you agree that: (a) any dispute will be resolved through binding arbitration rather than court; (b) arbitration will be conducted by a mutually agreed arbitrator in Baja California, México; (c) arbitration costs will be shared equally, with each party bearing its own attorney fees unless the arbitrator determines otherwise; (d) the arbitrator's decision will be final and binding; and (e) judgment on the arbitration award may be entered in any court with jurisdiction. CLASS ACTION WAIVER: You agree to resolve disputes only on an individual basis and not participate in class actions, collective actions, or representative actions.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of México, without regard to conflict of law principles. For matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the courts located in Tijuana, Baja California, México. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For users subject to HIPAA, these Terms shall be interpreted consistently with HIPAA requirements.
Changes to Services
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. Material changes to the Services will be communicated to you at least 30 days in advance when feasible. We may add, remove, or modify features, functionality, or capabilities of the Services. We will make reasonable efforts to minimize disruption to your operations. In the event of service discontinuation, we will provide reasonable notice and assist with data migration where applicable. Your continued use of the Services after changes take effect constitutes acceptance of the modified Services.
Service Availability and Support
We strive to maintain high availability of our Services but do not guarantee uninterrupted access. Planned maintenance: (a) will be scheduled during low-usage periods when possible; (b) will be communicated in advance when feasible; and (c) is not considered a service failure. Support is provided according to your subscription plan: (a) Standard support: email support during business hours; (b) Priority support: priority response during extended hours; (c) Enterprise support: dedicated support with guaranteed response times. Service level agreements (SLAs) may be available for enterprise customers under separate agreement.
Miscellaneous Provisions
These Terms constitute the entire agreement between you and Genkō regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. Notices to us must be sent to legal@getgenko.com; notices to you will be sent to the email associated with your account. No agency, partnership, or joint venture is created by these Terms. Section headings are for reference only. The English version of these Terms controls in case of translation conflicts.
Regulatory Compliance
Our platform is designed to support compliance with: (a) HIPAA (Health Insurance Portability and Accountability Act) in the United States; (b) NOM-024-SSA3-2012 and Ley Federal de Protección de Datos Personales in México; (c) GDPR for users in the European Economic Area; (d) PIPEDA for users in Canada; and (e) other applicable healthcare and privacy regulations. We provide tools and features to assist with compliance, but you are responsible for: (a) determining which regulations apply to you; (b) configuring the platform appropriately; (c) training your staff; and (d) maintaining your own compliance program.
Contact Information
If you have any questions about these Terms of Service, please contact our legal team. We are committed to addressing your concerns promptly and professionally.
Genkō Healthcare SaaS
Luis Pulido Díaz. Calle Fernando 4531
El Paraíso 22106, Tijuana
Baja California, México
Legal inquiries: legal@getgenko.com
General support: support@getgenko.com