Terms of Service
These Terms of Service are between Divinity, LLC ("Divinity," "we," "us") and the person or organization expressly accepting them ("you"). They govern our public website at mydivinity.net, requested demonstrations and authorized use of Divinity Behavior Tracker, subject to the more specific agreements described below. Contact: support@mydivinity.net.
1. Acceptance and authority
An account, order or feature requiring these Terms may be used only after the user affirmatively accepts the presented version. When accepting for an organization, you represent that you are authorized to bind it. An ordinary caregiver's acceptance does not establish authority to purchase services for a facility. We provide a retrievable copy of the applicable terms. A public website visit alone does not sign a BAA or activate a subscription.
The service is offered for legitimate organizational use by authorized adult users. It is not a direct-to-consumer treatment service. Accounts for residents, minors or new regulated functions require a separately approved offering and applicable terms.
2. Relationship to signed customer agreements
A facility that uses the service with resident information must have accepted these Terms, the Billing, Cancellation and Refund Policy and the Business Associate Agreement, which together identify the customer, the service scope, the fees and the authorized processing. A facility on the Documentation plan also has a written order. Where a separately signed customer agreement exists, it controls over these public Terms in the order of precedence it states.
Applicable law controls. For protected information, the applicable BAA and special-record addenda control over inconsistent commercial terms. These Terms do not amend an executed agreement through website publication or reduce a legally required safeguard or record-access right.
3. Product scope and professional responsibilities
The service supports behavioral documentation functions expressly included in the customer's plan. Examples may include approved staff questions, entered observations, documentation drafts and reports; only contracted, available functions are included. Customers remain responsible for resident care, clinical judgments, staff supervision, truthful inputs, legally sufficient records and their own claims.
The service is not emergency monitoring, medical diagnosis, a substitute for licensed care, or a promise of payer approval, eligibility, tiering or reimbursement. Contact emergency services and follow facility procedures when immediate help is needed; do not rely on an app entry or support message as an urgent clinical alert. No government approval, HIPAA certification, ONC certification or complete-EHR status is created by these Terms.
4. Accounts and documentation integrity
Use only your assigned account and authorized facilities and records. Protect credentials, use required authentication, secure your device and promptly report a suspected compromise. Do not share logins or let another person sign through your account.
Review source selections and generated text before signing. Record only what actually occurred and accurately distinguish observations, reports and interpretations. Do not fabricate care, inflate time, impersonate another signer, conceal corrections or change timestamps to disguise a late entry. Corrections must preserve the required original record and attribution. Customer administrators must promptly remove unnecessary access.
5. Permission to use and intellectual property
During an authorized subscription, the customer may use the platform and licensed question content for its internal documentation at the facilities and within the scope stated in its plan. Divinity retains its lawfully owned code, original question-bank expression and arrangement, nonpublic workflows, designs and other platform materials. No ownership of third-party works, public-domain material, general clinical facts or ideas is claimed merely because they appear in the service.
Do not resell access, disclose protected standalone materials, systematically extract the protected question bank to reproduce our product, or reverse engineer software except where applicable law permits. These restrictions do not prohibit protected reporting, lawful independent development, permitted interoperability or access to your organization's own records.
As between Divinity and the customer, the customer retains ownership/control of its resident inputs and completed documentation, subject to resident and third-party rights. The customer may retain and use relevant platform content embedded in completed records for care, lawful disclosure, oversight, claims, export and migration, including after termination. That right does not convey the standalone code or question bank.
6. Privacy and prohibited use
Our Privacy Policy explains our information practices. It is not a HIPAA authorization, a blanket marketing consent, or a substitute for a BAA. The customer's data agreements govern our processing of its resident information.
Do not upload resident information until the customer has accepted the Business Associate Agreement. Do not send resident names, charts, diagnoses, screenshots or care details through public contact forms, Facebook/Instagram messages or other unapproved channels. Do not use the service for unlawful access, harassment, malicious code, account resale, credential collection or unauthorized testing. Coordinate security research through support@mydivinity.net.
We do not acquire a right to advertise with resident records, sell them or use them for general-purpose AI training through your use of the service. Optional external AI processing requires the separately approved customer arrangement and required vendor protections; acceptance of these Terms alone does not enable it.
7. Demonstrations and trials
Public demonstrations use synthetic information only. A demonstration of a prototype will be labeled as such; it is not a promise that uncontracted functions are available. Free trials do not automatically convert to paid service unless the customer separately accepts clear recurring-payment terms. Limits and duration, where offered, are stated before signup.
8. Fees, renewals, cancellations and refunds
The Billing, Cancellation and Refund Policy identifies prices, applicable taxes, billing frequency and cancellation rights. A blank price is not an agreement to an unstated amount. Automatic renewal requires an affirmative selection of the stated renewal terms at checkout; marketing consent is separate.
Purchasing a subscription does not by itself authorize PHI entry; acceptance of the Business Associate Agreement does. Legally required access to records will not be withheld to collect a disputed debt. The customer's refund, termination and transition protections remain in force.
9. Availability, support and changes
Support channels and hours are stated at support@mydivinity.net. No 24/7 clinical monitoring is provided. Scheduled maintenance, interruptions and security restrictions may occur. Contracted availability, response or recovery commitments, where any exist, are governed by a signed schedule, not a general website statement.
We may make reasonable product changes, but will comply with signed notice, material-functionality and transition commitments. We may restrict affected access when reasonably necessary to address a serious risk or unlawful use, while preserving lawful record access and safe transition. Suspension does not erase confidentiality, preservation or return duties.
10. Website materials and third-party services
General public materials are provided for information and, to the extent permitted by law, without a warranty of fitness for a particular clinical, legal or reimbursement outcome. This does not disclaim our express signed promises or duties that cannot lawfully be waived. Third-party websites and social platforms have their own terms and privacy practices. A link does not make them approved PHI services.
Do not submit another person's protected or confidential information as product feedback. We may use voluntarily supplied nonconfidential, non-PHI suggestions to improve the product without claiming ownership of your resident records or third-party intellectual property.
11. Liability and dispute terms
For contracted services, liability limits, indemnities and dispute procedures are those in any signed customer agreement. These public Terms add no separate liability cap, mandatory arbitration, class-action waiver, employee noncompete or waiver of resident rights. Each party remains responsible for its own obligations under applicable law. No disclaimer excuses fraud, unlawful processing or other nonwaivable liability.
Washington law governs to the extent not displaced by controlling law. Unless a signed agreement provides otherwise, disputes may be brought in a Washington court with lawful jurisdiction. Contact support@mydivinity.net for an attempt at informal resolution; this does not delay an urgent remedy or legal deadline.
12. Changes, notices and continuing duties
We identify revised Terms by date and version and provide notice and renewed assent when required. A revision does not retroactively authorize new health-data uses or change an accepted BAA. Service and legal notices use the designated customer contacts; marketing opt-out does not stop necessary nonpromotional service notices.
Ownership, confidentiality, lawful record use, preservation and applicable dispute terms survive as appropriate. If a provision cannot lawfully operate, the rest remains only to the extent lawful and workable. Questions: support@mydivinity.net.