Terms of Service
Last updated: January 15, 2025
1. Introduction
Welcome to Genkō. These Terms of Service ("Terms") govern your access to and use of our healthcare management platform. By using Genkō, you agree to be bound by these Terms. If you are using Genkō on behalf of a healthcare organization, you represent that you have the authority to bind that organization to these Terms.
2. Definitions
For purposes of these Terms: "Services" means the Genkō platform and all related software and features. "User" means any individual who accesses or uses the Services. "Organization" means any clinic, hospital, or healthcare entity that subscribes to the Services. "PHI" means Protected Health Information as defined by HIPAA. "Provider" means a licensed healthcare professional using the Services.
3. Acceptance of Terms
By accessing and using Genkō, you accept and agree to be bound by the terms and provision of this agreement.
4. Service Description
Genkō provides a healthcare management platform that includes patient scheduling, billing, record management, and administrative tools for healthcare providers.
5. Account Registration and Security
You must register for an account to use most features of Genkō. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must immediately notify Genkō of any unauthorized use of your account.
6. User Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and ensuring that your use of our services complies with applicable laws and regulations.
7. Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these terms. You may not use our services to violate any laws or infringe on the rights of others.
8. HIPAA Compliance and Business Associate Agreement
Genkō is designed to be used in compliance with the Health Insurance Portability and Accountability Act (HIPAA). If you are a Covered Entity or Business Associate under HIPAA, you are required to execute a Business Associate Agreement (BAA) with Genkō before inputting any Protected Health Information (PHI) into the platform. Use of Genkō without an executed BAA when handling PHI is strictly prohibited.
9. Data Privacy and Security
We are committed to protecting your data privacy and security. Our handling of personal and health information is governed by our Privacy Policy and applicable privacy laws.
10. Subscription Terms and Payment
Access to Genkō's features requires a paid subscription after any applicable free trial period. Subscription fees are billed monthly or annually as selected at checkout, and are non-refundable except as required by law. You authorize Genkō to charge your payment method for all applicable fees. Genkō reserves the right to modify subscription pricing with 30 days' notice.
11. Free Trial and Beta Access
Genkō may offer a free trial period for new accounts. At the end of the trial period, your account will automatically upgrade to a paid subscription unless you cancel before the trial expires. Beta features are provided "as is" and may be modified or discontinued without notice. Genkō is not liable for any loss of data or functionality in beta features.
12. Intellectual Property
Genkō and its licensors retain all intellectual property rights in the Services, including all software, trademarks, logos, and documentation. You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business operations. You may not copy, modify, distribute, or create derivative works based on the Services.
13. Data Ownership and License
You retain full ownership of all data you input into Genkō, including patient records, clinical notes, and organizational information. By using the Services, you grant Genkō a limited license to process your data solely for the purpose of providing and improving the Services. Genkō will not sell, rent, or share your data with third parties except as required to provide the Services or as required by law.
14. Third-Party Integrations
The Services may integrate with or link to third-party applications and services including electronic health record systems, payment processors, and telecommunications providers. These third-party services are governed by their own terms and privacy policies. Genkō is not responsible for the practices of third-party services.
15. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GENKŌ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GENKŌ IS NOT RESPONSIBLE FOR CLINICAL DECISIONS MADE USING THE PLATFORM.
16. Limitation of Liability
Genkō shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of our services.
17. Indemnification
You agree to indemnify, defend, and hold harmless Genkō and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable laws or regulations; or (d) any negligent or wrongful act or omission in your provision of healthcare services.
18. Termination
Either party may terminate this agreement at any time. Upon termination, your right to use our services will cease immediately.
19. Dispute Resolution and Arbitration
Any dispute, controversy, or claim arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Tijuana, Baja California, Mexico, under the rules of the Centro de Arbitraje de México (CAM). This clause does not prevent either party from seeking emergency injunctive relief.
20. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Mexico and the State of Baja California, without regard to its conflict of law provisions. For matters not subject to arbitration, including enforcement of arbitral awards, the parties submit to the exclusive jurisdiction of the competent courts of Tijuana, Baja California, Mexico.
21. Service Availability and Maintenance
Genkō strives to maintain high service availability and targets 99.9% uptime, excluding scheduled maintenance. Scheduled maintenance will be announced at least 24 hours in advance where possible. Genkō will not be liable for any downtime or service interruptions. In the event of extended downtime, Genkō may provide service credits at its sole discretion.
22. Regulatory Compliance
You are solely responsible for ensuring your use of Genkō complies with all applicable healthcare regulations, including HIPAA in the United States, and any applicable Mexican health data regulations (particularly Norma Oficial Mexicana NOM-024-SSA3). Genkō provides tools to support compliance but is not responsible for your organization's regulatory obligations.
23. Changes to Terms
We reserve the right to modify these terms at any time. We will notify users of significant changes via email or through our platform.
24. Miscellaneous Provisions
These Terms, together with the Privacy Policy and any executed Business Associate Agreement, constitute the entire agreement between you and Genkō regarding the Services. If any provision is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision does not constitute a waiver of such right or provision. You may not assign your rights under these Terms without our prior written consent.
Contact Us
If you have any questions about these Terms of Service, please contact us:
Genkō Healthcare SaaS
Luis Pulido Díaz. Calle Fernando 4531
El Paraíso 22106, Tijuana
Baja California, México
Legal: legal@getgenko.com
Support: support@getgenko.com