Terms of Service
Effective Date: August 22, 2025
1. Introduction
Welcome to PrimDesk, a healthcare practice management platform operated by Boolean IT Solutions, a Florida corporation ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of the PrimDesk software-as-a-service platform, including all features, tools, and services provided through https://primdesk.com/ (the "Service").
This document should be read together with our Privacy Policy and Refund Policy. These policies work together as a complete legal framework.
By accessing or using our Service, you ("Client," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a healthcare practice or organization, you represent and warrant that you have the authority to bind such entity to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
2. Service Description
PrimDesk is designed specifically for healthcare professionals to manage administrative tasks including:
- Flexible scheduling and appointment management
- Smart reminders and notifications
- Human resources management (PTO, sick leaves, shift planning)
- Financial reporting and payment tracking
- Service catalog management
- Administrative workflow optimization
The Service is intended solely for use by healthcare practices, including but not limited to dental practices, speech therapy clinics, physiotherapy centers, dermatology practices, and other licensed healthcare facilities.
3. Subscription Plans and Billing
3.1 Subscription Tiers
We offer three subscription tiers with varying user limits and features:
- Basic Plan: Up to 3 users per location
- Professional Plan: Up to 10 users per location
- Premium Plus Plan: Up to 20 users per location
Each subscription license is granted per location. Multiple locations require separate licenses.
3.2 Billing Terms
- Monthly Subscriptions: Billed monthly in advance. Cancellation takes effect at the end of the current billing period.
- Annual Subscriptions: Billed annually in advance with a mandatory 90-day minimum commitment. Cancellations requested within the first 90 days will result in service termination after the 90-day period with a refund for unused months. Cancellations after 90 days take effect at the end of the annual billing period without refund.
3.3 Free Trials and Beta Features
Free trial periods may be offered at our discretion. Trial terms will be specified during signup and automatically convert to paid subscriptions unless cancelled before trial expiration.
Beta and Preview Features: Client acknowledges that certain features may be provided as "Beta," "Preview," or "Experimental" versions. Such features are provided "as is" without warranty, may contain bugs or errors, and may be discontinued or modified at any time without notice.
3.4 Price Changes
We may modify subscription pricing with 30 days' written notice. Price changes will take effect at your next billing cycle. Initiating chargebacks without following our refund process may result in immediate account termination and additional fees as detailed in our Refund Policy.
4. Data Ownership and Privacy
4.1 Client Data Ownership
You retain full ownership and control of all data you input into the Service, including patient health information, medical records, scheduling data, and financial information ("Client Data"). We claim no ownership rights in your Client Data.
4.2 Healthcare Data Handling
The Service is designed to store and process patient health information (PHI) and medical records as provided by your practice. While we implement security measures to protect this sensitive data, we are currently working toward full HIPAA and GDPR compliance and do not yet maintain certification under these frameworks.
4.3 Data Use Limitations
We do not use, analyze, or process your healthcare records or patient data for service improvements, analytics, or any purpose other than providing the Service to you. Your patient data remains confidential and is used solely for the administrative functions you authorize.
4.4 Data Export
- Standard export functionality allows you to export data in CSV or JSON format for scheduling and administrative data during active subscription
- Complete data export including all healthcare records requires a formal export request with identity verification to prevent unauthorized access
- For terminated or expired accounts, data export must be initiated by the account administrator via email request to [email protected] from the email address associated with the admin account
- Upon verification, complete data will be securely transmitted to the verified admin email address
- Data export requests must be submitted within the 90-day retention period
4.5 Data Retention
Following subscription termination, we will retain your data for 90 days to allow for potential service restoration, after which data will be permanently deleted unless legally required to retain it.
5. Account Security and Access
5.1 Account Credentials
You are responsible for maintaining the confidentiality of your account credentials. Sharing login credentials between users, practices, or locations is strictly prohibited.
5.2 User Management
Each named user requires a separate account. The subscription user limits are enforced per location and may not be exceeded without upgrading your subscription tier.
5.3 Authorized Use
The Service may only be used by licensed healthcare professionals and their authorized staff for legitimate healthcare practice administration.
6. Acceptable Use Policy
6.1 Permitted Uses
The Service may only be used for:
- Managing healthcare practice operations
- Storing and organizing patient administrative data
- Scheduling and appointment management
- Financial tracking and reporting related to healthcare services
- Human resources management for healthcare staff
6.2 Prohibited Uses
You may not use the Service to:
- Operate non-healthcare businesses or practices
- Share patient data, business secrets, or proprietary information outside your authorized practice
- Share login credentials between users or practices
- Engage in any activity that violates healthcare professional standards or regulations
- Access or attempt to access other clients' data
- Reverse engineer, decompile, or attempt to extract source code
- Transmit malware, viruses, or other harmful code
- Violate any applicable laws or regulations
7. Service Level Agreement
7.1 Uptime Commitment
We strive to maintain 99.99% service availability, measured monthly. Our uptime commitment is subject to the performance and availability of our infrastructure provider (DigitalOcean).
7.2 Maintenance Windows
Scheduled maintenance will be performed during off-peak hours with advance notice when possible. Emergency maintenance may be performed without prior notice.
7.3 Support Response Times
- Standard Support: 24 hours response time during weekdays, 48 hours during weekends
- High Priority Support: 8 hours response time, 24/7 (available as paid add-on)
Response times begin when we receive your support request during business hours.
7.4 Service Credits as Sole Remedy
In the event of failure to meet the 99.99% SLA, Client's sole and exclusive remedy shall be service credits equal to the pro-rated daily subscription fee for each full day of downtime exceeding the SLA threshold. Service credits shall not exceed 100% of the monthly subscription fee and must be requested within 30 days of the downtime incident. SLA failures are remedied through service credits as detailed in our Refund Policy, not monetary refunds.
8. Third-Party Integrations
The Service integrates with the following third-party services:
- httpSMS for SMS notifications (messages sent through client's own phone/device)
- Google Play Services for mobile application functionality
- Apple App Store services for mobile application functionality
- Google Analytics for website analytics (not application data)
- HubSpot for customer relationship management
- DigitalOcean for cloud hosting and data storage
- Cloudflare for DNS services and security protection
- Mailgun for email delivery services
Third-Party Liability Disclaimer: Boolean IT Solutions shall have no liability for any failures, security breaches, privacy violations, or other issues caused by third-party services. Client agrees to look solely to such third parties for any claims related to their services. Your use of these integrated services is subject to their respective terms of service and privacy policies.
9. Intellectual Property
9.1 Service Ownership
The Service, including all software, features, functionality, and content (excluding your Client Data), is owned by Boolean IT Solutions and protected by copyright, trademark, and other intellectual property laws.
9.2 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your healthcare practice operations during your subscription term.
9.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code.
10. Limitation of Liability
10.1 Service Availability
While we strive for high availability, the Service is provided "as is" and "as available." We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements.
10.2 Liability Limits
To the maximum extent permitted by law, our total liability for any claims arising from or related to the Service shall not exceed the lesser of: (a) the amount you paid for the Service in the 12 months preceding the claim, or (b) ten thousand dollars ($10,000) in the aggregate.
10.3 Excluded Damages
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, business interruption, or regulatory fines, even if we have been advised of the possibility of such damages.
10.4 Data Security Incident Limitation
Notwithstanding anything to the contrary, our liability for any data security incident shall be limited to providing notice as required by law. We shall have no liability for regulatory fines, patient notification costs, credit monitoring services, or any consequential damages arising from such incidents.
10.5 Healthcare Compliance Limitation
Boolean IT Solutions makes no representations or warranties regarding compliance with HIPAA, GDPR, or other healthcare regulations. Our liability shall not extend to any claims arising from your regulatory compliance obligations or violations.
11. Indemnification
11.1 General Indemnification
You agree to indemnify and hold Boolean IT Solutions harmless from any claims, damages, losses, or expenses arising from:
- Your use of the Service in violation of these Terms
- Your violation of any healthcare regulations or professional standards
- Unauthorized access to the Service using your credentials
- Any content or data you provide through the Service
11.2 Healthcare Compliance Indemnification
Client agrees to indemnify Boolean IT Solutions against any claims, fines, penalties, or damages arising from:
- Client's failure to comply with healthcare regulations, including HIPAA, GDPR, or state privacy laws
- Patient privacy breaches resulting from Client's actions or negligence
- Unauthorized disclosure of PHI by Client or Client's personnel
- Regulatory investigations or audits related to Client's use of the Service
- Any claims that Client's use of the Service violates applicable healthcare laws or professional standards
11.3 Limitations on Indemnification
Our indemnification obligations shall not apply to claims arising from: (i) Client's violation of these Terms, (ii) Client's gross negligence or willful misconduct, (iii) modifications to the Service made at Client's request, or (iv) Client's failure to implement reasonable security measures.
12. Compliance and Regulatory Matters
12.1 Current Compliance Status
We are actively working toward HIPAA and GDPR compliance but do not currently maintain certification under these frameworks. You acknowledge this compliance status and agree to use the Service in accordance with your own regulatory obligations.
12.2 Business Associate Agreement
A Business Associate Agreement (BAA) is not currently available but is part of our compliance roadmap. We will notify existing clients when BAA coverage becomes available.
12.3 Client Regulatory Responsibility
Client acknowledges that the Service is not currently HIPAA or GDPR certified. Client agrees to conduct their own risk assessment and implement additional safeguards as needed to meet their regulatory obligations. Client assumes full responsibility for ensuring their use of the Service complies with all applicable healthcare regulations.
12.4 Regulatory Compliance Disclaimer
Client understands and agrees that Boolean IT Solutions makes no representations or warranties regarding compliance with HIPAA, GDPR, or other healthcare regulations. Client is solely responsible for determining whether the Service meets their regulatory requirements and for implementing any additional controls necessary for compliance.
12.5 Regulatory Changes
If changes in healthcare regulations materially affect our ability to provide the Service, we may modify the Service or these Terms with 60 days' notice. If such changes are unacceptable to you, you may terminate your subscription without penalty.
13. Termination
13.1 Termination by Client
You may cancel your subscription according to the billing terms specified in Section 3. Upon cancellation, your access to the Service will terminate at the end of your paid billing period.
13.2 Termination by Company
We may terminate your access to the Service immediately if you:
- Violate these Terms
- Engage in prohibited activities
- Fail to pay subscription fees
- Use the Service in a manner that poses security risks to other clients
- Violate healthcare regulations in your use of the Service
13.3 Effect of Termination
13.3 Effect of Termination
Upon termination, your right to access the Service ceases immediately. However, data export functionality remains available for 30 days for legitimate business purposes, subject to our reasonable security requirements. Your data will be retained for 90 days for potential account restoration, then permanently deleted unless legally required to retain it. For data export after termination, the account administrator must submit a written request from their verified admin email address to [email protected]. Upon termination for any reason, Client releases Boolean IT Solutions from any claims related to data access, regulatory compliance, business disruption, or any other consequences resulting from service termination.
14. Dispute Resolution
14.1 Mandatory Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Florida, United States.
14.2 Class Action Waiver
Each party waives the right to participate in a class action, class arbitration, or other representative proceeding. All disputes must be resolved on an individual basis.
14.3 Jury Trial Waiver
Each party waives the right to a jury trial in connection with any dispute arising under these Terms.
14.4 Exceptions
The arbitration requirement does not apply to: (i) claims for injunctive or equitable relief for intellectual property infringement, (ii) small claims court actions, or (iii) any government regulatory or enforcement actions.
15. Modifications to Terms
We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email to your account email address at least 30 days in advance. Continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.
16. General Provisions
16.1 Governing Law
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.
16.2 Entire Agreement
These Terms constitute the entire agreement between you and Boolean IT Solutions regarding the Service and supersede all prior agreements and understandings.
16.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16.4 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.
16.5 Force Majeure
Neither party shall be liable for any failure to perform due to circumstances beyond their reasonable control, including but not limited to: acts of God, natural disasters, terrorism, pandemics, government regulations, cyber attacks on third-party infrastructure, internet service provider outages, healthcare regulatory changes, or infrastructure provider outages.
16.6 Survival
The following sections shall survive termination of these Terms: Data Ownership and Privacy (for the retention period), Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.
16.7 Waiver
No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision. No waiver shall be effective unless in writing and signed by the waiving party.
16.8 Document Hierarchy and Conflicts
These policies work together as a complete legal framework. In case of conflicts between our legal documents: (1) Terms of Service governs service usage and general business terms, (2) Privacy Policy governs data handling and privacy matters, (3) Refund Policy governs financial matters and billing disputes. Specific provisions supersede general ones. Boolean IT Solutions is actively working toward HIPAA and GDPR compliance. Current compliance status and client responsibilities are detailed in our Terms of Service and Privacy Policy. All notices under these Terms shall be in writing and delivered via email to the address associated with your account. Notices to Boolean IT Solutions should be sent to [email protected].
17. Contact Information
For questions about these Terms or the Service, please contact us at:
Boolean IT Solutions
Email: [email protected]
Legal Notice Email: [email protected]
Website: https://primdesk.com/
By using PrimDesk, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.