Terms of Service

Welcome to N-ABLE LLC. These Terms of Service ("Terms") govern your access to and use of the N-ABLE website ("Website") and the N-ABLE Clinic Portal ("Portal"), collectively referred to as our "Services." By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. About N-ABLE

N-ABLE LLC is a Public Benefit Company organized under the laws of the Commonwealth of Pennsylvania, operating out of Erie, Pennsylvania. As a Public Benefit Company, we are committed to creating a positive impact on society while operating a sustainable business. Our mission is to improve healthcare delivery for small independent clinics through innovative AI-powered solutions while maintaining the highest standards of data privacy and security.

2. Description of Services

2.1 Website

Our Website provides general information about N-ABLE, our services, and healthcare consulting offerings. Visitors may submit contact information to request more information about our services.

2.2 Clinic Portal

The Portal is a secure platform designed for healthcare clinic partners to access clinic metrics, manage their partnership with N-ABLE, and (in future versions) access additional services. Access to the Portal requires account creation and authentication.

2.3 On-Premises Clinical Systems

N-ABLE provides on-premises clinical documentation systems ("MLE") that are installed locally at clinic locations. These systems are separate from the Website and Portal and are governed by individual service agreements. The Website and Portal do not process, store, or transmit Protected Health Information (PHI).

2.4 Demonstration Environment

N-ABLE may provide demonstration environments showcasing our technology capabilities. All data displayed in demonstration environments is entirely fabricated and synthetic. Any resemblance to real individuals, including matching names and dates of birth, is purely coincidental and unintentional.

3. User Accounts

3.1 Account Creation

To access the Portal, you must create an account by providing accurate and complete information, including your name, business name, specialty, email address, and phone number. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify N-ABLE immediately of any unauthorized use of your account or any other breach of security. N-ABLE will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

N-ABLE reserves the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. You may request account termination by contacting us at the address provided below.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems
• Use the Services to transmit any malicious code, viruses, or harmful data
• Interfere with or disrupt the integrity or performance of the Services
• Collect or harvest any information from the Services without authorization
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Services for any purpose that is fraudulent or otherwise harmful to N-ABLE or other users

5. Protected Health Information Restriction

The Website and Portal are not designed or intended to collect, store, or process Protected Health Information (PHI) as defined under HIPAA. You agree not to submit PHI through the Website, Portal, contact forms, support requests, or any other communication channel with N-ABLE unless specifically instructed to do so under a separate written agreement.

If you inadvertently submit PHI through these channels, N-ABLE may delete such information without notice and is not responsible for maintaining, securing, or returning it. For services that require the handling of PHI, please contact us to discuss appropriate arrangements under a Business Associate Agreement.

6. User Content and Uploaded Data

6.1 Ownership

You retain ownership of any content, data, or materials you submit through the Services ("User Content"). By submitting User Content, you represent that you have the right to do so and that your submission does not violate any third-party rights.

6.2 License Grant

By submitting User Content, you grant N-ABLE a non-exclusive, worldwide, royalty-free license to use, process, store, and display such content solely for the purpose of providing and improving our Services. This license terminates when you delete your User Content or your account, except for content that has been shared with others or incorporated into aggregated, de-identified data.

6.3 Aggregated Data

N-ABLE may use aggregated, de-identified data derived from your use of the Services for analytics, service improvement, and research purposes. Such aggregated data will not identify you or any individual.

6.4 Support Communications

Content submitted through support requests, emails, or other communications may be retained for quality assurance and training purposes. Do not include PHI in support communications.

7. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of N-ABLE LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

The N-ABLE name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of N-ABLE LLC. You may not use such marks without our prior written permission.

8. Healthcare Compliance

8.1 Not Medical Advice

The Services are designed to assist healthcare providers with administrative and operational functions. Nothing in our Services constitutes medical advice, diagnosis, or treatment. Healthcare providers remain solely responsible for all clinical decisions and patient care.

8.2 HIPAA and Business Associate Agreements

The Website and Portal are not offered as HIPAA-covered services and are not intended for the transmission or storage of PHI. Business Associate Agreements (BAAs) are available only for N-ABLE's on-premises clinical documentation systems (MLE) installed at clinic locations, where PHI is processed locally and does not traverse N-ABLE's cloud infrastructure.

8.3 On-Premises Architecture

Our core clinical documentation systems are designed to process patient data locally on clinic premises, ensuring that sensitive healthcare information does not traverse external networks or cloud services. This architecture supports HIPAA compliance and data security requirements for covered services.

9. Fees and Payment

9.1 General

Some Services may require payment. If fees apply, we will present pricing or a written quote or order form before you incur charges. Payment processing is handled through Stripe, a third-party payment processor. By using paid features, you agree to Stripe's terms of service in addition to these Terms. N-ABLE does not store complete credit card information on our servers.

9.2 Invoices and Due Dates

Unless otherwise stated in a quote or order form, invoices are due upon receipt. We may suspend or terminate access to paid Services for non-payment.

9.3 Refunds

Except where required by law or explicitly stated in a written order form, fees paid are non-refundable. Any refund or credit, if provided, is at our sole discretion.

9.4 Changes to Pricing

We may update pricing and payment terms for future purchases or renewals by posting updated terms or providing notice as required by law.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

N-ABLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, N-ABLE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

IN NO EVENT SHALL N-ABLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless N-ABLE LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services or your violation of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Erie County, Pennsylvania.

14. Changes to Terms

N-ABLE reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our Website and updating the "Effective Date" above. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Business Associate Agreement, constitute the entire agreement between you and N-ABLE LLC regarding the use of the Services. These Terms do not govern consulting services or partnership agreements, which are subject to separate written agreements.

17. Contact Information

For questions about these Terms of Service, please contact us at: