IndeFAX

INDEFAX END USER LICENSE AGREEMENT (EULA)

Effective Date: 09/23/2016

1. Acceptance of Agreement

This End User License Agreement (“Agreement”) is a legal contract between Indefree Association (“Company,” “we,” “our,” or “us”) and the individual or entity accessing and using the Indefax software and services (“User,” “you,” or “your”).

By accessing or using Indefax, you agree to comply with the terms of this Agreement. If you do not agree to these terms, you must discontinue use immediately.

2. Definitions

2.1. “Indefax” refers to the cloud-based software service that enables physical and occupational therapists to generate reports and fax them to healthcare providers.

2.2. “User” means an individual licensed to access and use Indefax under a valid subscription.

2.3. “Subscription” means a non-transferable, limited-time right to use Indefax, subject to payment of fees.

2.4. “Account” refers to a unique login assigned to a single User for accessing Indefax services.

2.5. “Data” refers to all reports, documents, and information entered into Indefax, which remains the property of the Company.

3. License Grant & Restrictions

3.1 License Grant

Indefax grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the software for creating reports and faxing documents within their professional practice.

3.2 Single-User License

  • Each Indefax account is licensed for one individual provider only.
  • Account sharing among multiple providers is strictly prohibited.
  • Offices with multiple providers must purchase a separate subscription for each provider.

3.3 Unauthorized Use & Penalties

If an account is found to be used by multiple providers or shared in violation of this Agreement:

  • The account may be suspended or terminated without prior notice.
  • A $1,000 reactivation fee may apply for reinstatement.
  • The Company reserves the right to permanently revoke access to stored data.

4. Data Ownership & Usage Rights

  • Users do not own the data stored within Indefax; all data remains the exclusive property of the Company.
  • Indefax may maintain, archive, or delete data at its discretion.
  • Upon termination of the subscription, Users lose access to stored data unless otherwise specified in a separate data retrieval agreement.

5. Subscription Fees & Payment

  • Users agree to pay the applicable subscription fees as outlined in their purchase agreement.
  • Failure to make timely payments may result in immediate suspension or termination of access.
  • All purchases are final and non-refundable, except as required by law.

6. Compliance & Security

  • Users must comply with all applicable HIPAA (Health Insurance Portability and Accountability Act) regulations regarding the handling of protected health information (PHI).
  • Indefax provides secure data processing but is not responsible for unauthorized access caused by user negligence (e.g., sharing passwords, failing to log out, improper handling of PHI).

7. Limitations of Liability

  • Indefax is provided “as is” without warranties of any kind.
  • The Company is not responsible for loss of data, business interruptions, or system errors.
  • Users assume full responsibility for the suitability of Indefax for their professional needs.
  • The Company’s liability is limited to the amount paid for the subscription in the last 12 months.

8. Termination & Account Suspension

8.1 Grounds for Termination

Indefax may suspend or terminate a User’s access without prior notice if:

  • The User violates any term of this Agreement.
  • The User fails to pay subscription fees.
  • The User engages in fraudulent, illegal, or unethical activities.

8.2 Effect of Termination

  • Upon termination, the User’s access to Indefax and its stored data will be revoked.
  • No refunds will be issued for remaining subscription periods.

9. Modifications & Amendments

  • Indefax reserves the right to modify this Agreement at any time.
  • Continued use of the software after changes to the Agreement constitutes acceptance of the new terms.

10. Governing Law & Dispute Resolution

  • This Agreement shall be governed by the laws of the State of California and Texas, United States.
  • Any disputes shall be resolved in the courts of Denton County, Frisco, Texas.

11. Miscellaneous

  • Non-Transferability: User licenses cannot be transferred or sold.
  • No Waiver: Failure to enforce any provision does not constitute a waiver of rights.
  • Severability: If any part of this Agreement is deemed invalid, the remaining sections shall remain in effect.

12. Contact Information

For inquiries related to this Agreement, please contact:

📧 Email: jamesko@indefree.com
📍 Mailing Address: 3905 hedgecoxe rd, #251235, Plano, TX 97025

By using Indefax, you acknowledge that you have read, understood, and agree to the terms of this Agreement.