(Last Updated September 11, 2024)

Thank you for choosing Morestarts.io (“we,” “our,” or “us”) and our software platform (the “Platform”). These Terms of Service (“Terms”) establish the rules governing your use of the Platform. We may update these Terms at any time, and by accessing, registering, or using the Platform, you agree to be bound by the latest version of these Terms. Please review these Terms periodically to stay informed of any changes.

Here’s the rewritten Definitions section for your company:

1. Definitions

• Authorized User: Any of your employees, consultants, contractors, or agents authorized by your administrator to access and use the Morestarts.io Platform, subject to these Terms.
• Front End Code: The user interface elements of the Platform, including layout, color schemes, HTML pages, and source code.
• Platform Materials: Documentation, user guides, or other materials provided by Morestarts.io in connection with your use of the Platform.
• Platform Services: Any software solutions developed, operated, and maintained by Morestarts.io or its third-party providers, subscribed to via our website.
• Order Form: Any subscription or service order form submitted by you during the registration process, online or in writing, governing your subscription to the Platform.
• PHI: Protected health information as defined by HIPAA, including patient data and related health information under the HITECH Act.
• Services: Implementation, training, or other professional services provided by Morestarts.io under an Order Form.
• Subscription Term: The period of your subscription to the Platform as outlined in your Order Form, including any renewals.
• TCPA: The federal Telephone Consumer Protection Act governing the use of telephone equipment for communications.
• Third-Party Content: Any content, including software, provided by a third party or partner in conjunction with the Platform.
• Your Data: Registration information, business, marketing, financial information, or other data uploaded to the Platform by you or your Authorized Users.

2. Term & Termination

• Standard Term: Unless otherwise specified in a signed Order Form, the initial term of your subscription to morestarts.io begins upon the execution or submission of your Order Form. We offer only an annual subscription plan that automatically renews unless canceled. The Subscription Term continues until it is terminated as outlined below.
  a. 60-Day Customer Satisfaction Guarantee: You may cancel your subscription without penalty within the first 60 days of your initial subscription by providing written notice to our support team. No fees are refunded upon cancellation. If you do not cancel within this period, the subscription continues for the full term.
  b. Termination Without Cause: You are responsible for the full annual subscription fee. To prevent the automatic renewal of your subscription for additional one-year terms, provide written notice at least 60 days prior to the expiration of the current Subscription Term.
  c. Termination for Material Breach: If you experience critical service failures more than three times within a rolling 12-month period, and we are unable to resolve the issue within 30 days of written notice, you may terminate the agreement.
  d. Effect of Termination: Upon termination, all outstanding fees must be paid. We will provide access to your data for downloading until the termination date. If terminated for material breach, you are responsible for fees only up to the termination date, and no further fees are due for the remainder of the Subscription Term.

3. Non-Compete and Non-Solicitation

During the term of this agreement, you and your Authorized Users agree not to use any confidential information, data, or other proprietary content related to morestarts.io for any purpose other than fulfilling your obligations under this subscription. You further agree not to use such information to directly or indirectly compete with morestarts.io, nor solicit any customers or partners of morestarts.io for competing services

4. Incorporation by Reference

The following documents are incorporated by reference into these Terms of Service as though fully included. By accepting these Terms, you agree to follow the policies and laws outlined in the documents below:

• morestarts.io Privacy Policy
• morestarts.io Order Form
• Call Recording Laws and Regulations
• morestarts.io Acceptable Use Policy
• Testimonial Disclaimer Statement
• Business Associate Agreement (if applicable)

5. Notice to Minors

In compliance with federal laws, you must be at least eighteen (18) years old to use the morestarts.io Platform. If you are a minor, you must obtain parental or guardian consent before using the Platform and agreeing to these Terms. We do not knowingly collect personal information from anyone under the age of 18. If we discover such information has been provided, we will promptly delete it. If you believe we have collected information from a minor, please contact us at success@stanzyk.com.

6. User Accounts

To access certain features of the morestarts.io Platform, you may need to create an account. You are responsible for using only your own account and for maintaining the confidentiality of your login credentials. Immediately notify us of any unauthorized account use or security breach. You agree to log out after each session, especially when using shared or public computers.

We reserve the right to disable your account at our discretion if you fail to comply with these Terms or any applicable regulations.

7. Mobile Applications

We may offer mobile applications (“Apps”) for download and use on various platforms. Please note that third-party providers like Apple, Inc. and Google, Inc. have their own Terms of Service, which must be followed when downloading or using the Apps. We encourage you to carefully review and understand the terms and policies of any third-party provider before using their services.

8. MORESTARTS.IO TECHNOLOGY

8.1 Call Recording and Transcription
Morestarts.io offers call recording and transcription services to help assess and improve sales interactions. Calls can be initiated either through a tracking phone number or by uploading audio files via our mobile app or other audio sources. At your discretion, Morestarts.io can create a digital recording and transcription of these calls. As a user, you are solely responsible for complying with all applicable laws, including the federal Telephone Consumer Protection Act (TCPA) and other local notice and consent requirements.

You agree to the following when using our call recording and transcription services:

1. Authorization and Consent: You confirm that you are authorized to record or upload call recordings and have obtained the necessary consent from all parties involved in the call.
2. Notification: You must inform the call participants, whether via a live call or an uploaded recording, that their conversation is being recorded and transcribed. Morestarts.io provides a customizable voice message option for live calls initiated through a tracking phone number to notify participants of the recording.
3. Opt-Out Mechanism: It is your responsibility to provide a mechanism by which participants can opt out of call recordings, ensuring compliance with applicable laws.
4. Liability: Morestarts.io assumes no responsibility for your use of the recordings or transcriptions, including any personal information contained within. You agree to indemnify and hold Morestarts.io harmless from any third-party claims arising from your use of the call recordings and transcripts, including compliance with applicable laws such as the TCPA.

8.2 Grading Feature
Our platform includes a grading feature that evaluates sales interactions based on adherence to pre-defined sales scripts and overall effectiveness. This feature helps sales teams understand performance through a structured assessment system.

8.3 Feedback System
Morestarts.io provides constructive feedback on sales interactions. This system offers insight into strengths and areas for improvement, helping sales representatives optimize their performance.

8.4 Interaction Summaries
In addition to recording and grading, our technology generates concise summaries of the interactions. These summaries highlight key points discussed during the call, making it easier for users to review and analyze conversations efficiently.

9. TECHNICAL SUPPORT

Morestarts.io provides technical support, training, and other services that may involve remote access to your systems to assist with troubleshooting, answering questions, and providing updates. Remote login may be performed by Morestarts.io or third-party service providers, and you agree to allow us access for these purposes. You are responsible for ensuring that Morestarts.io is listed as an approved program in your firewall or antivirus settings. Updates and upgrades may be pushed remotely, and you consent to receive them automatically.

You agree to maintain your computer systems and notify us if you are upgrading or changing your systems to ensure uninterrupted service.

9.1 Third-Party Integrations
Morestarts.io’s software may integrate with third-party applications to enhance our services. By authorizing this integration, you confirm compliance with the terms of your third-party providers and grant Morestarts.io access to the necessary systems for integration. Integration requirements may evolve over time, and by continuing to use Morestarts.io’s services, you agree to any updates in procedures.

9.2 Data Storage, Security, and Backup
Morestarts.io does not directly store or manage your data; instead, you or your third-party service providers are responsible for its storage and backup. You are required to follow industry standards for safeguarding and preserving data. While Morestarts.io takes reasonable care in delivering its services, we do not guarantee that data will not be lost, corrupted, or damaged. It is your responsibility to regularly back up important data and maintain security for all systems where the data is stored.

10. FEES

The fees for the morestarts.io platform and any additional services (“Fees”) are outlined in the Order Form and are payable in advance, irrevocable, and non-refundable except as otherwise provided in the Order Form or these Terms of Service. You agree to provide complete and accurate billing and contact information, including updated payment methods as necessary. If you opt to pay by credit card or similar methods, you authorize morestarts.io to charge your payment method at the time of ordering, at the billing intervals specified, and at renewal for the amount plus any applicable taxes for each renewed subscription term.

If you choose to pay via automated clearing house (“ACH”) transfers, you agree to provide the necessary account details, authorize such payments, and execute all necessary documents to allow morestarts.io to initiate payments from your designated account at the agreed-upon intervals.

Failure to provide accurate billing or payment details could result in suspension of services until the issue is resolved. All Fees are subject to applicable sales, use, or value-added taxes, which will be billed in addition to the Fees.

10.1 BAA Modification Fees
If you request to make minor modifications to the Business Associate Agreement (BAA) as provided in connection with HIPAA compliance, morestarts.io may charge a non-refundable fee of $150 USD. While morestarts.io will cooperate in good faith to finalize these modifications, final approval rests with morestarts.io and shall not be unreasonably withheld.

11. NON-PAYMENT; OTHER SUSPENSION RIGHTS OR REMEDIES

morestarts.io reserves the right to terminate or suspend services if billing or contact information provided by you is false or fraudulent. Additionally, morestarts.io may suspend or limit your access if any payments due remain unpaid and unresolved despite notices requesting prompt action. In the event of any account management disputes, morestarts.io may rely on public records or documentation to determine the authorized user for corporate or registered entities. For sole proprietorships or entities without accessible records, morestarts.io may assume the individual making payments on the account holds management authority.

Suspension of services due to non-payment or disputes does not relieve you of the responsibility to settle any outstanding fees.

11.1 Our Remedies if You Pay Late or Fail to Pay
You may incur additional fees, charges, and assessments related to late or non-payments. If payment is not received by the due date, morestarts.io may take the following actions:

• 11.1.1 Late or Non-Payments: Any overdue amounts beyond 45 days from the invoice date will incur a late fee of 10% per month until the full balance is paid.
• 11.1.2 Fees Not Considered Interest or Penalties: The fees related to late or non-payments are liquidated damages intended as reasonable estimates of the costs incurred by morestarts.io due to late payments, as it is impossible to predict when or if payments will be made.
• 11.1.3 Collection Costs: In the event of debt collection, you agree to cover all reasonable costs associated with collection efforts, including collection agency fees, attorney fees, and any applicable arbitration or court costs. If you fail to notify morestarts.io of changes to your contact details, you remain responsible for any costs incurred due to attempts to collect debt through outdated information.
• 11.1.4 Suspension/Disconnection: If payments are not received in full, morestarts.io may suspend or disconnect your access to services without reduction in fees owed.

11.2 Reconnection Fees and Related Charges
Should services be reinstated after suspension due to non-payment, morestarts.io may impose additional reconnection fees. Reconnection is subject to past due charges, applicable policies, and morestarts.io‘s credit and operational terms.

12. PAYMENT TRANSACTIONS

When you make a purchase via morestarts.io (each, a “Transaction”), you may be required to provide details such as your credit card number, expiration date, billing address, and shipping information. You represent and warrant that you are authorized to use the provided payment methods. By submitting payment information, you authorize morestarts.io to share it with third parties for Transaction processing.

All product and service descriptions, prices, and availability are subject to change without notice. morestarts.io reserves the right to limit or discontinue any product or service, impose conditions on promotions, and refuse any Transaction.

By placing an order, you agree to pay all charges incurred, including shipping, handling, and applicable taxes. All Transactions must comply with local, state, federal, and international laws.

13. INTELLECTUAL PROPERTY OWNERSHIP

Unless specified otherwise, all content on morestarts.io, including names, logos, trademarks, service marks, copyrights, trade dress, software, and other intellectual property (collectively, the “Works”) are owned by morestarts.io or licensed from third parties. These Works are protected under intellectual property laws. All rights, titles, and interests in the Works remain with morestarts.io or the respective owners. Nothing in these Terms grants you any license or rights to use any of the Works without prior written permission from morestarts.io or the applicable owner.

14. CONTENT FROM THIRD PARTIES

Any content provided by third parties on morestarts.io is for informational purposes only. morestarts.io does not verify the accuracy, completeness, or reliability of third-party content, including, but not limited to, business operations, hours, services, or availability. Users are responsible for independently verifying the accuracy of third-party information. morestarts.io disclaims any liability for inaccuracies or misrepresentations in third-party content displayed on the platform.

15. CONTENT POSTED BY USERS

Any content posted by you on morestarts.io, its social media pages, or related platforms must comply with these Terms of Service and relevant laws. By posting, you represent that you have the necessary permissions, the content is truthful, and it does not violate any laws. You indemnify morestarts.io from liability arising from your posted content. By posting, you grant morestarts.io an irrevocable license to use the content.

15.1 Testimonial Disclaimer Statement
If you submit a testimonial review, you agree to the terms outlined in morestarts.io‘s Testimonial Disclaimer Statement.

16. RESTRICTIONS ON USE

Unless expressly stated, no rights or licenses are granted under morestarts.io‘s or third-party intellectual property rights. morestarts.io reserves the right to revoke access to its Platforms at any time without prior notice, including blocking IP addresses. You are prohibited from using or replicating any Front-End Code or other morestarts.io technology for any purpose outside of your authorized use, especially for developing or promoting any competing solutions or services.

17. TECHNICAL SUPPORT

During your Subscription Term, morestarts.io provides access to online user guides, knowledge bases, self-help tools, and standard technical support resources (“Technical Support”) at no extra charge. The terms and conditions for accessing Technical Support may be updated periodically and can be found in the customer care section of the morestarts.io website. morestarts.io reserves the right to modify these terms at any time in its sole discretion.

18. HIPAA

The Health Insurance Portability and Accountability Act (“HIPAA”) governs the protection and secure transmission of Protected Health Information (PHI). morestarts.io is not a healthcare provider and does not offer medical services. While the platform can be used to store PHI, morestarts.io does not process PHI for medical purposes. If you intend to use the platform for PHI storage or processing, you must inform morestarts.io in writing. In such cases, the morestarts.io Business Associate Agreement will apply. You are responsible for obtaining all necessary patient consents or authorizations for storing PHI.

19. SOCIAL MEDIA AND LINKED SITES

From time to time, the morestarts.io platform may include features allowing interaction with external sites, including social media pages and Linked Sites. morestarts.io provides these links for convenience and does not endorse or control these third-party sites. You are responsible for reviewing their terms of use and privacy policies. Any claims about morestarts.io or its products made on social media must be truthful, and you alone are responsible for any violations or misrepresentations.

20. USE OF NAMES IN MARKETING

You may use morestarts.io‘s name and credentials for standard marketing promotions, provided that you cease or alter such use at our request if it conflicts with our branding policies or causes market confusion. Similarly, morestarts.io may use your business name in marketing promotions, provided we agree to cease or alter use if it conflicts with your branding policies or is otherwise objectionable. Standard marketing includes client listings, press releases, and website promotion.

21. SUBMITTED IDEAS

Any ideas, comments, suggestions, notes, drawings, concepts, or other information submitted to morestarts.io, whether through our Platforms or other means, will be considered non-confidential and non-proprietary. morestarts.io owes no confidentiality or nondisclosure obligations, express or implied. We reserve the right to use any submitted ideas or information for any purpose, commercial or otherwise, without compensation to you.

22. OWNERSHIP OF YOUR DATA

As between you and morestarts.io, Your Data and any related data provided outside of the platform (in hard copy or electronically) is your property. To provide the morestarts.io service, you grant us a non-exclusive right to use, copy, distribute, and display Your Data solely for operating the platform on your behalf. You are responsible for the accuracy and reliability of Your Data. morestarts.io is not liable for deletion, loss, or failure to store Your Data and will protect it as confidential, in line with the Confidential Information section.

23. CONFIDENTIAL INFORMATION

Confidential Information refers to the business terms in the Order Form, Your Data, the morestarts.io service, and any materials identified in writing or reasonably understood as confidential. Each party agrees to: (a) maintain confidentiality of all disclosed information, (b) use it only as needed for obligations, (c) restrict its access to employees or contractors who need it, and (d) protect it with at least the same care as its own confidential data. Exceptions include publicly known information or legally required disclosures.

24. COMMUNITY GUIDELINES

The Platforms, Linked Sites, and Social Media Sites may feature Community Forums where users can post comments and interact. morestarts.io monitors these forums for any violations of these Terms of Service, but does not act as an arbiter in disputes and has no liability for user-submitted content. We reserve the right to remove or refuse any post in our sole discretion and store any material posted. Content must not:

• Violate local, state, national, or international law.
• Include defamatory, obscene, harassing, or otherwise inappropriate submissions.
• Infringe on intellectual property rights.
• Misrepresent your affiliation with any entity or person.
• Contain viruses, spam, or promotional content.

Users must not post third-party private information or content that restricts other users’ enjoyment of the Platforms. morestarts.io may use posted content for any purpose, including in commercial content.

25. NO ARCHIVE

The Platforms are not intended to function as a data archive. morestarts.io has no obligation or liability for any loss, damage, or destruction of your submissions. You are solely responsible for maintaining independent archival and backup copies of any content, files, or data that you submit or store through the Platforms. We recommend that you regularly back up your data to prevent any potential loss.

26. DISCLAIMERS

The Platforms, including all content and features, are provided to you “AS IS” and “AS AVAILABLE” without any warranties, express or implied. morestarts.io expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from morestarts.io shall create any warranty not expressly stated herein. morestarts.io does not warrant that the Platforms will be secure, error-free, or meet your specific requirements.

27. LIMITED WARRANTIES

You warrant that your business will at all times comply with, and remain solely responsible for compliance with, all applicable federal, state, and local laws and regulations, as well as morestarts.io’s Acceptable Use Policy. You agree to indemnify and hold morestarts.io harmless from and against any third-party or government claims, including related damages, costs, and expenses (including reasonable attorneys’ fees), that arise due to your violation of laws or breach of this warranty in connection with your use of morestarts.io services.

28. LIMITATION OF LIABILITY

Your use of the Platforms is at your own risk. morestarts.io, its affiliates, officers, directors, agents, and representatives will not be liable to you or any third party for any direct, indirect, incidental, consequential, special, or punitive damages, including loss of data, income, profit, or goodwill, arising from your access or use of the Platforms, whether based on breach of contract, tort, or otherwise. If dissatisfied, your sole remedy is to stop using the Platforms. The aggregate liability of morestarts.io shall not exceed $100.

29. NO FRAMING OR LINKING

You are expressly prohibited from framing, in-line linking, or otherwise associating with the Platforms or any content without prior written consent from morestarts.io. Any attempts to do so without permission may result in immediate termination of access to the Platforms and may be subject to legal action.

30. INTERNATIONAL USERS

The Platforms are hosted in the United States. If you access the Platforms from regions with differing data protection laws, such as the European Union or Asia, please note that your use of the Platforms is governed by U.S. law and the Terms of Service. By providing Personal Information, you consent to the transfer of your data to the U.S. and agree to the exclusive jurisdiction of the State of California for any disputes arising from your use of the Platforms.

31. CHOICE OF LAW & VENUE AND DISPUTES

These Terms of Service are governed by the laws of the State of California, without regard to conflict of laws provisions. Any disputes arising from your use of the Platforms or related to your relationship with morestarts.io shall be submitted to confidential arbitration in Orange County, California. Arbitration will follow the JAMS, Inc. Arbitration Rules & Procedures, applying California substantive and procedural law. Injunctive relief for intellectual property violations may be sought in California state or federal courts. Claims must be brought within one year, and no class action or representative proceedings are allowed.

32. ATTORNEYS’ FEES

In the event that either morestarts.io or you (or your Authorized User(s)) initiate an action or proceeding to enforce any rights under these Terms of Service, including any action for collection, the prevailing party will be entitled to recover reasonable attorneys’ fees, costs, and expenses.

33. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless morestarts.io, its affiliates, partners, officers, directors, shareholders, agents, and employees (“morestarts.io Indemnitees”) from and against any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or related to your use or misuse of the Platforms or Services, your breach of these Terms of Service, or any violation of applicable law in connection with your use of morestarts.io’s materials, services, or linked sites.

34. FORCE MAJEURE

Neither party will be liable for failure to perform its obligations under this Agreement due to causes beyond its reasonable control, excluding payment obligations. Such causes include but are not limited to natural disasters, acts of God, labor disputes, government actions, civil unrest, terrorism, or disruptions in internet availability. If such an event occurs, the affected party must promptly notify the other, and the time for performance will be extended for the duration of the event.

35. ABILITY TO ACCEPT TERMS OF SERVICE

By using the morestarts.io Platforms, you confirm that you are of legal age in your jurisdiction and fully competent to agree to and comply with these Terms of Service. You affirm that you understand and accept the rights, obligations, and conditions set forth in this agreement and are legally capable of adhering to them.

36. CHANGES AND UPDATES

We may modify these Terms of Service periodically. Your continued use of the morestarts.io Platforms after any changes will constitute your acceptance of the updated Terms. We encourage you to review the Terms regularly to stay informed. If revisions significantly alter how we handle your Personal Information, we will make reasonable efforts to get your consent. If you disagree with any changes, your sole remedy is to stop using the Platforms and notify us of your termination.

37. MISCELLANEOUS TERMS OF SERVICE

37.1 Notice. Notices to morestarts.io must be in writing, sent via e-mail to morestarts.io via success@stanzyk.com. We may provide general notices via email or through our platform.

37.2 Waiver. A failure to enforce any provision does not waive our right to do so later.

37.3 No Joint Venture. These Terms do not create a joint venture, partnership, or agency relationship between the parties.

37.4 No Assignment. You may not assign this agreement without written consent from morestarts.io. Any attempted assignment without consent is void.

37.5 Headings. Headings are for reference only and do not affect interpretation.

37.6 Severability. If any provision is deemed unenforceable, the rest of the Terms remain intact.

37.7 Entire Agreement. These Terms represent the entire agreement between the parties and supersede all prior agreements.

37.8 Export. You agree to comply with U.S. export control laws and regulations. You represent that you are not a prohibited end user under U.S. law.

37.9 Government End Use. If you are a U.S. Government entity, the Review Wave Services are classified as “commercial items” and are provided with limited rights as specified under applicable FAR and DFARS provisions. Any further rights must be negotiated with morestarts.io in writing.

BUSINESS ASSOCIATE AGREEMENT (BAA)

This Business Associate Agreement (“Agreement”) is between morestarts.io (“Covered Entity”) and morestarts.io Inc. (“Business Associate”). The Agreement is effective as of the date the Covered Entity subscribes to morestarts.io services involving Protected Health Information (“PHI”).

1. Definitions

• Business Associate: Refers to morestarts.io Inc., which processes PHI on behalf of the Covered Entity.
• Covered Entity: Refers to the subscriber of morestarts.io services that use PHI as defined under HIPAA.
• HIPAA Rules: Refers to the Privacy, Security, Breach Notification, and Enforcement Rules outlined in 45 CFR Part 160 and Part 164.
• PHI: Protected Health Information as outlined by HIPAA.

2. Obligations of the Business Associate

The Business Associate agrees to:

• Use of PHI: Not use or disclose PHI other than as permitted by the Agreement or as required by law.
• Safeguards: Implement appropriate safeguards to prevent unauthorized access or disclosure of PHI, including compliance with the HIPAA Security Rule.
• Reporting Breaches: Promptly report any breach of unsecured PHI or any security incidents to the Covered Entity as required under HIPAA.
• Subcontractors: Ensure any subcontractor handling PHI on behalf of the Business Associate agrees to the same restrictions, safeguards, and compliance standards required by this Agreement.
• Access to PHI: Provide access to PHI when requested by the Covered Entity for amendments, restrictions, or accounting of disclosures as required by HIPAA.
• Compliance with HIPAA: Ensure full compliance with HIPAA regulations, including responding to government requests for records related to PHI.

3. Permitted Uses and Disclosures by the Business Associate

The Business Associate may:

• Perform Services: Use or disclose PHI to perform services outlined in the service agreements with the Covered Entity.
• Legal Compliance: Disclose PHI as required by law and notify the Covered Entity when such disclosure is necessary.
• Administrative Uses: Use PHI for proper management and legal responsibilities, provided the recipient of PHI agrees to confidentiality and legal restrictions.

4. Responsibilities of the Covered Entity

The Covered Entity must:

• Privacy Practices: Notify the Business Associate of any limitations in its privacy practices or restrictions concerning the use of PHI.
• Obligations to Patients: Obtain any necessary consents or authorizations from patients regarding the use of PHI, particularly for services that involve sharing or processing PHI with third-party systems.

5. Term and Termination

• Term: This Agreement is effective from the date the Covered Entity subscribes to morestarts.io services and remains effective until terminated.
• Termination for Cause: If the Covered Entity determines the Business Associate has violated a material term of this Agreement, it may terminate the Agreement.
• Return or Destruction of PHI: Upon termination, the Business Associate will return or destroy all PHI, unless the return or destruction is infeasible. If infeasible, the Business Associate must extend protections to the PHI and limit further use to what is necessary for legal compliance.

6. Indemnification

The Covered Entity agrees to indemnify and hold the Business Associate harmless from any claims arising from its failure to comply with HIPAA, including failure to obtain necessary patient consents or authorizations for PHI.

7. Miscellaneous

• Amendments: This Agreement may be amended as required to comply with future changes to HIPAA or other related regulations.
• No Agency Relationship: This Agreement does not create an agency relationship between the parties.
• Survival: The rights and obligations outlined in this Agreement survive its termination.