Please read these Terms of Service (“Terms”) carefully before using the SettleTrack platform. By accessing or using SettleTrack, you agree to be bound by these Terms. If you do not agree, do not use the platform.
1. Acceptance of Terms
By creating an account, accessing, or using the SettleTrack platform (“Service”), you represent and warrant that you are duly authorized to act on behalf of your organization and that your organization agrees to these Terms. These Terms form a binding legal agreement between you, your organization (“Customer”), and SettleTrack, LLC (“SettleTrack,” “we,” “us,” or “our”).
Individuals who access the Service must be at least 18 years of age and must be employed by or acting on behalf of a duly authorized healthcare or legal services organization. Unauthorized use of the platform is strictly prohibited.
2. Description of Service
SettleTrack is a cloud-based Letter of Protection (LOP) management platform designed for healthcare providers, personal injury law firms, and related organizations. SettleTrack enables authorized users to create, track, and manage cases, parties, documents, and billing records associated with medical lien and LOP workflows.
The Service is provided on a subscription basis and is subject to the plan features agreed upon at time of purchase. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SETTLETRACK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SettleTrack reserves the right to modify, suspend, or discontinue any feature with at least thirty (30) days’ prior notice to active subscribers, except where an immediate change is necessary to address security vulnerabilities, legal requirements, or third-party service disruptions, in which case SettleTrack will provide notice as soon as reasonably practicable.
3. HIPAA Compliance, PHI, and Consent
SettleTrack acknowledges that in the course of providing the Service, it may receive, maintain, or transmit Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations. SettleTrack operates as a Business Associate as defined under HIPAA and will execute a Business Associate Agreement (“BAA”) with each Covered Entity Customer prior to the processing of any PHI.
Customers are solely responsible for ensuring that their use of the Service complies with all applicable HIPAA obligations, including the Privacy Rule, Security Rule, and Breach Notification Rule. Customers must not input PHI into any part of the Service before a signed BAA is in place. SettleTrack shall have no liability for any HIPAA violation, regulatory penalty, or data breach arising from Customer’s input of PHI prior to execution of a BAA or from Customer’s failure to comply with its own HIPAA obligations.
SettleTrack implements administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI, including industry-standard encryption at rest and in transit (currently AES-256 and TLS 1.2+, respectively), and comprehensive audit logging of all PHI access events.
HIPAA Consent and Acknowledgment: By accepting these Terms, you explicitly acknowledge and consent that (a) you are authorized to access and handle PHI processed through the Service on behalf of your organization; (b) you will access, use, and disclose PHI only as permitted by HIPAA, your organization’s policies, and the applicable BAA, and only for the minimum necessary purpose; (c) all of your access to and actions upon PHI within the Service are recorded in a tamper-evident audit trail; and (d) you will immediately report any suspected unauthorized access, use, or disclosure of PHI to your organization and to SettleTrack at support@settletrack.io.
4. User Responsibilities
Customers are responsible for all activity that occurs under their accounts. You agree to (a) provide accurate and complete registration information; (b) maintain the security of account credentials; (c) promptly notify SettleTrack of any suspected unauthorized access; (d) ensure that users with access to the Service are appropriately trained on HIPAA compliance obligations; and (e) use the Service only for lawful purposes consistent with applicable federal and state law.
Customers must not share login credentials, allow concurrent sessions from multiple devices without authorization, or circumvent any security control built into the platform.
5. Account Security
SettleTrack enforces role-based access controls, multi-factor authentication (which SettleTrack may require for some or all users at its discretion), and automatic session timeouts to protect account security. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.
In the event of a security breach or suspected unauthorized use of your account, you must notify SettleTrack immediately at support@settletrack.io. SettleTrack reserves the right to immediately suspend access to the affected account(s) pending investigation. SettleTrack will not be liable for any loss or damage resulting from your failure to comply with these security obligations or from any suspension undertaken in good faith to protect the integrity of the Service.
6. Data Privacy
SettleTrack’s collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information in accordance with the then-current version of the Privacy Policy.
SettleTrack will not sell, rent, or share your organization’s data or PHI with third parties except as required to deliver the Service (including through subprocessors and service providers acting on SettleTrack’s behalf under appropriate contractual safeguards), comply with legal obligations, in connection with a merger, acquisition, or sale of all or substantially all of SettleTrack’s assets, or as otherwise described in the Privacy Policy and applicable BAA.
7. Prohibited Uses
You agree not to use the Service to: (a) upload, transmit, or store any content that is unlawful, defamatory, or infringes any intellectual property rights; (b) introduce malware, viruses, or any malicious code; (c) attempt to gain unauthorized access to any part of the Service or related systems; (d) scrape, harvest, or extract data using automated means without express written permission; (e) reverse engineer or decompile any component of the Service; or (f) use the Service, or any data, technology, or information obtained through the Service, to develop, improve, or market a product or service that is substantially similar to or competitive with the Service.
8. Limitation of Liability
To the maximum extent permitted by applicable law, neither party nor its affiliates, officers, employees, agents, or licensors shall be liable to the other party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business interruption, arising out of or related to these Terms or the Service; provided, however, that this limitation shall not apply to Customer’s breach of Sections 3, 4, or 7 of these Terms.
In no event shall SettleTrack’s total aggregate liability exceed the fees paid by you in the twelve (12) months immediately preceding the event giving rise to the claim. For the avoidance of doubt, this limitation does not cap Customer’s liability for breach of these Terms, including without limitation Customer’s obligations under Sections 3, 4, and 7. These limitations apply whether the liability arises in contract, tort, negligence, strict liability, or otherwise, even if SettleTrack has been advised of the possibility of such damages.
9. Changes to Terms
SettleTrack reserves the right to update or modify these Terms at any time. We will provide at least thirty (30) days’ notice of material changes by email to the primary account administrator and by posting a notice on the platform. For material changes affecting data handling, security obligations, or PHI-related provisions, SettleTrack may require affirmative acknowledgment before continued access is permitted. Your continued use of the Service after the effective date of any other changes constitutes your acceptance of the updated Terms.
If you do not agree to any revised Terms, you must discontinue use of the Service and contact SettleTrack to arrange account termination. No refund of prepaid fees shall be due in such event, and any Customer data remaining in the Service will be handled in accordance with SettleTrack’s standard data retention and deletion policies.
10. Governing Law; Venue and Jurisdiction
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES OR ANY SUBSTANTIVE LAW THAT WOULD RESULT IN THE APPLICATION OF ANY LAW OTHER THAN THE STATE OF DELAWARE. EACH PERSON HERETO (I) IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF (A) KENT COUNTY AND (B) THE UNITED STATES DISTRICT COURTS FOR THE DISTRICT OF DELAWARE, AS WELL AS TO THE JURISDICTION OF ALL COURTS FROM WHICH AN APPEAL MAY BE TAKEN FROM SUCH COURT(S), FOR THE PURPOSE OF ANY ACTION, SUIT OR OTHER PROCEEDING WHICH IS BROUGHT BY A PARTY OR ITS SUCCESSOR AND ASSIGNS, ARISING OUT OF THIS AGREEMENT, AND (II) HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, SUIT OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT(S), (III) AGREES NOT TO COMMENCE ANY ACTION, SUIT OR PROCEEDING OF ANY KIND OR TYPE RELATING TO THIS AGREEMENT EXCEPT IN SUCH COURT(S), AND (IV) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY WAIVES, AND AGREES NOT TO ASSERT AS A DEFENSE OR OTHERWISE IN ANY SUCH ACTION, SUIT OR PROCEEDING ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF ANY SUCH COURT(S), THAT THE ACTION, SUIT OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, OR THAT THE VENUE OF THE ACTION, SUIT OR PROCEEDING IS IMPROPER. EACH PARTY HEREBY WAIVES ALL RIGHTS OF ANY OTHER JURISDICTION WHICH IT MAY NOW OR HEREAFTER HAVE BY REASON OF ITS PRESENT OR SUBSEQUENT RESIDENCE OR DOMICILE.
11. Contact Information
If you have any questions about these Terms of Service, please contact us at:
SettleTrack, LLC
Email: support@settletrack.io