Terms of Service
The agreement that governs your Holdmark Health subscription.
These terms describe what Holdmark Health provides, what is expected of your practice, how billing and cancellation work, and the shape of the liability cap. They are written to be read in plain language; the legal scaffolding is below.
1 · Service description
What Holdmark provides.
Holdmark Health operates a hosted compliance workspace for solo and small-group medical, dental, and mental-health practices. The service includes:
- Continuous auditing. Scans of chart notes, billing files, and policy documents against the current HIPAA rules and the payer-documentation baselines for your specialty.
- On-demand audit packets. Exportable reports combining policies, training records, business-associate inventory, breach-response history, and the chart-note findings on file.
- Regulatory feed. A curated stream of HHS, state-privacy, and payer policy changes filtered for your specialty and licensed states.
- Training delivery. Role-aware micro-modules with completion tracked against the policy and the staff member.
- Breach-response workflow. Templated timelines, draft notifications, and the ability to export the running worksheet for counsel.
The service is provided as software — Holdmark Health does not provide legal, accounting, or insurance advice, and the practice remains solely responsible for the acts and omissions that constitute its compliance posture.
2 · Acceptable use
What we ask of the practice, and what we will not do.
By using the service you agree that:
- You will connect or upload only data you are authorized to use, and only for the purposes the service supports.
- You will maintain accurate account information (provider count, specialty, licensed states, authorized users) so the regulatory feed and pricing stay correctly scoped.
- You will keep your workspace credentials confidential and notify us promptly if a credential is compromised.
- You will not attempt to reverse-engineer, resell, or sublicense the service, or use it to build a competing product.
- You will not use the service to process data for which you have no lawful basis.
3 · Subscriptions, billing, and refund policy
What you pay, when you pay it, and how refunds work.
- Subscription
- Per active provider, billed monthly in advance through Stripe. Self-serve — no contract negotiation required to start or to upgrade.
- Provider count
- Computed from the providers attached to your workspace at the start of each billing cycle. Add and remove providers from the dashboard at any time; the next cycle reflects the change.
- Payment method
- Card or ACH through Stripe. We never see or store raw card details; the workspace shows receipt and invoice history.
- Taxes
- Prices are exclusive of applicable sales tax, VAT, or other transaction taxes, which are added at checkout where required.
- No-quibble refund
- If you cancel within 14 days of a new charge and have not actively used the service in that window, the most recent charge is refunded in full — write to us at the address below and we will process it the same business day.
- Disputes
- If a charge looks wrong, contact us before filing a chargeback — most issues are resolved in one email.
4 · Cancellation and pause
Month to month. You can leave at any time.
There is no annual lock-in. From the dashboard you can switch your plan, pause the service, or cancel at any time. The change applies on the next billing cycle, and you keep access through the period you have already paid for.
- Pause. Stops new charges and freezes workspace write access; the audit substrate, training roster, and policy versions are retained per the retention rule in the Privacy Policy. Resume at any time.
- Cancel. Stops new charges and disables login at the end of the current cycle. Audit packets remain exportable for the 30 days after cancellation.
- Off-boarding export. A complete workspace export — audit packets, training rosters, BAA inventory, breach-history — is available to you any time before or, on request, within 30 days after cancellation.
5 · HIPAA, BAAs, and the limits of this tool
A tool, not a certification.
No software product is itself “HIPAA-compliant.” The HIPAA Privacy and Security Rules apply to covered entities and business associates; Holdmark Health is designed to be the latter and ships with a signed Business Associate Agreement (BAA) on every paid plan.
Holdmark’s role is to make the practice’s day-to-day compliance posture observable and current — generating audit packets, surfacing findings, watching regulatory changes, training staff. The practice remains the covered entity, remains accountable to HHS / OCR and to its payers, and remains responsible for the acts and omissions that constitute its compliance.
Nothing in the service is legal advice. For BAA negotiations, exposure specifics, or litigation, retain counsel; for technical security at scale, retain experts. Holdmark is the working layer between those conversations.
6 · Service availability and changes
Uptime, incidents, and what happens when things change.
Holdmark targets a monthly uptime of 99.9% for the production workspace, excluding scheduled maintenance windows announced at least 48 hours in advance. We publish a public status page for live and historical incident data; the link lives in the workspace footer.
We may update the service to add features, fix bugs, address security findings, or reflect regulatory changes. Material changes that affect pricing, scope, or data handling are announced by email at least 30 days in advance. If you do not agree with a material change, you may cancel within the notice window for a pro-rated refund of the unused portion of the current cycle.
7 · Disclaimers and liability cap
The honest part.
The service is provided “as is” and without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the use of the service will satisfy the requirements of any particular audit, regulatory inquiry, or payer policy review.
To the maximum extent permitted by applicable law, Holdmark’s aggregate liability for any claim arising out of or relating to the service is limited to the greater of (a) the fees paid by the practice to Holdmark in the 12 months preceding the event, or (b) USD $1,000. Holdmark is not liable for indirect, incidental, consequential, or punitive damages, or for lost profits or revenues, even if advised of the possibility of such damages. Some jurisdictions do not allow these limitations; in those places they apply to the maximum extent permitted.
Nothing in these terms excludes or limits either party’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.
8 · Governing law
Where these terms sit.
These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Each party submits to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to these terms or the service, except where applicable consumer law requires otherwise.
9 · Contact
Reach a person, not a form.
Questions about these terms, a billing issue, a BAA inquiry, or a request to terminate — write to holdmark-health@polsia.app. A real person reads this inbox and will reply the same business day.
Last updated: . We will notify active subscribers by email before any material change takes effect.