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Practitioner Terms of Service

1. Acceptance

By creating a practitioner account you agree to these Terms of Service and to operate your practice in compliance with all applicable laws, including HIPAA where it applies to you.

1a. Who this service is sold to

Rafanest is sold and supplied to registered businesses and clinics only — a sole proprietorship, LLC, PLLC, partnership, corporation or professional corporation — for the management of their professional practice. It is not offered, sold or intended for consumers, for personal use, or for family use. At registration the customer must declare their business type and the EIN the practice is registered under, and confirm that the purchase is made for that business. Invoices are issued in the name of the declared business.

2. Your account

You are responsible for the accuracy of your clinic information, for safeguarding your credentials, and for the conduct of staff you invite. You may cancel at any time.

3. The service

RafaNest provides scheduling, patient records, communications, and optional payment and AI features. Features available to you depend on your plan. We may improve or change features over time.

4. Patient data & HIPAA

You are the covered entity (or business associate) for your patients’ protected health information. We act as your business associate under the Data Processing Agreement. PHI is encrypted at rest and access is logged.

5. Fees

Paid plans are billed in advance, monthly or annually. The Starter plan is free. Taxes may apply. Card payment processing is provided by a third-party processor when enabled.

5a. Automatic renewal

Paid plans renew automatically at the end of each billing period (monthly or annually) at the then-current price, using the payment method on file, until you cancel. You may cancel at any time from your account settings, effective at the end of the current period; cancellation stops future renewals but does not refund the current period except as required by law. Where applicable state automatic-renewal laws require it, we will send a renewal reminder and provide an online cancellation path.

6. Acceptable use

You may not use the platform for unlawful purposes, to send unsolicited marketing in violation of TCPA/CAN-SPAM, or to upload content you lack the right to use.

7. Termination

You may close your account at any time. We may suspend accounts that violate these terms. On closure, your data is retained per our retention policy and applicable law, then deleted.

8. Patient data & the DPA

Our processing of your patients’ PHI is governed by the Data Processing Agreement / Business Associate Agreement, which is incorporated into these terms by reference. You are responsible for obtaining any patient consents required for communications we send on your behalf, including SMS and marketing consents under the TCPA and CAN-SPAM.

9. Intellectual property

RafaNest and its software, trademarks, and content are owned by RafaNest LLC or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the service during your subscription. You retain ownership of your clinic and patient data, and may export it as the service allows.

10. Indemnification

You agree to indemnify and hold RafaNest LLC harmless from claims arising out of your use of the service, the care you provide, your handling of patient data, or your violation of these terms or applicable law.

11. Liability

The service is provided “as is.” To the maximum extent permitted by law, our aggregate liability is limited to the fees you paid in the preceding 12 months, or US $100 where you use a free plan. We are not liable for indirect, incidental, or consequential damages.

12. Governing law & disputes

These terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles. Any dispute will be resolved by binding arbitration on an individual basis; to the extent permitted by law, you and RafaNest each waive any right to a jury trial and to participate in a class or representative action. Either party may still seek injunctive relief in court for intellectual-property or confidentiality violations.

Effective September 19, 2026. By creating a practitioner account you agree to these terms.