Terms of Service
These Terms of Service (“Agreement” or “Terms”) are a contract between you and My Best Practice, LLC (“My Best Practice,” “MBP,” “us,” “we,” or “our”). These Terms govern your use of My Best Practice’s website, including https://www.mbpractice.com/, affiliated subdomains, mobile applications, software, servers, and related services (collectively, the “Service”), as well as your rights and obligations concerning User Data submitted to the Service.
By accessing, using, subscribing to, purchasing, or downloading any goods, materials, or content from the Service, you agree to be bound by these Terms and any other agreement you enter into with us. If you do not agree to these Terms, you may not use the Service.
NOTICE OF ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER: THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS-ACTION WAIVER THAT AFFECT YOUR RIGHTS. PLEASE READ SECTION 24 CAREFULLY.
These Terms apply to all transactions made on or through the Service. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act and applicable electronic-transactions laws. You manifest assent by clicking an “I agree” button or similar mechanism, accessing the Service, establishing an Account, or using the Service, whether or not you have read these Terms.
You should retain a copy of these Terms for your records. My Best Practice may modify these Terms as provided in Section 27. By continuing to access or use the Service after the effective date of a modification, you agree to be bound by the modified Terms.
1. Definitions
“Account” means the account established to access and use the Service.
“Business Associate Agreement” or “BAA” means the Business Associate Agreement between you and My Best Practice, available at https://www.mbpractice.com/business-associate-agreement, as amended from time to time.
“Dispute” means any dispute, action, or controversy between you and My Best Practice relating to the Service, the Website, the Software, your Account, User Data, any transaction or relationship between you and My Best Practice, communications between you and My Best Practice, or this Agreement, whether arising in contract, warranty, tort, statute, regulation, or otherwise.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended.
“Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, trade-secret rights, and other intellectual-property or proprietary rights recognized by law.
“My Best Practice Marks” means My Best Practice’s trademarks, service marks, trade names, logos, domain names, taglines, and trade dress.
“PHI” or “Protected Health Information” means protected health information as defined by HIPAA’s Privacy Rule, including 45 C.F.R. § 160.103.
“Service” means the Website, Software, Servers, mobile applications, AI-Enabled Features, and related services provided by My Best Practice.
“Servers” means the online environments that support the Service.
“Software” means software provided by My Best Practice or its suppliers in connection with the Service.
“User Data” means information, data, content, files, audio, transcripts, documentation, PHI, or other materials uploaded, submitted, transmitted, or otherwise made available to the Service by or on behalf of you or your authorized users.
“Website” means https://www.mbpractice.com/, affiliated or successor domains, mobile applications, and related websites through which My Best Practice offers the Service.
2. Eligibility and Verification
By accepting this Agreement in connection with an Account, you represent that:
· you are at least eighteen years old, or the legal age of majority where you reside if older;
· you have authority to enter into this Agreement personally or on behalf of the organization identified in your Account; and
· all information and identification documentation provided to My Best Practice or its service providers is truthful and accurate.
As a condition of accessing the Service, you agree to submit to account verification when requested by My Best Practice.
3. Account Registration
You must establish an Account to use the Service. Only one person may be designated as the Account Owner, although the Account Owner may grant access to authorized users in accordance with the Service and applicable subscription limits.
You agree to provide accurate, current, and complete registration information and to keep that information accurate, current, and complete. You must choose an account name to identify yourself or your organization in connection with the Account.
4. Account Responsibility
You are responsible for all activities conducted through your Account, including activities conducted by authorized users. You are responsible for ensuring that authorized users comply with these Terms, the BAA, applicable law, and any applicable professional or clinical requirements.
If fraud, illegality, misuse, or other conduct violating these Terms is discovered or reported in connection with your Account, My Best Practice may suspend or terminate the Account as provided in Section 20.
5. Password and Account Security
You are responsible for maintaining the confidentiality of your password and Account credentials and for all harm resulting from unauthorized disclosure or use of those credentials.
You must promptly notify My Best Practice of any suspected unauthorized access to your Account. You may not share credentials in a manner that violates the Service’s access controls or permits unauthorized access.
You should not respond to an online request for a password except through the authorized login process. Any disclosure of your password is at your own risk.
6. Fees and Payment
My Best Practice provides the Service for the fees and charges stated on the Website or otherwise disclosed to you. We may add services for additional fees or prospectively modify fees for existing services.
You are responsible for payment in advance for all paid portions of the Service and for maintaining a valid and sufficient payment method. We may suspend or terminate your Account for payment delinquency, subject to applicable law and any written agreement governing your subscription.
7. Changes to the Service
My Best Practice may add, modify, suspend, or eliminate features or functionality of the Service for purposes including legal compliance, security, maintenance, error correction, technological improvements, or other commercially reasonable purposes.
My Best Practice does not guarantee that any particular feature will remain available indefinitely.
8. Privacy, PHI, and Data Handling
Information submitted to the Service is handled under the Privacy Policy, these Terms, the BAA, and applicable law. If there is a conflict concerning PHI, the BAA controls.
My Best Practice will not use or disclose PHI except as permitted by these Terms, the BAA, applicable law, or your documented instructions.
If My Best Practice receives a subpoena, court order, or other legally binding demand requiring disclosure of PHI, My Best Practice will provide notice before disclosure to the extent legally permitted. If advance notice is legally prohibited, My Best Practice will provide notice as soon as legally permitted. My Best Practice may comply with legal obligations without notice where notice is prohibited or impracticable.
My Best Practice will make commercially reasonable efforts to maintain the Service with administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of PHI as required by HIPAA and the BAA.
Upon termination, you may retrieve User Data contained in the Service before the applicable account-termination date. You are responsible for exporting your User Data before termination.
Following termination, My Best Practice will return or delete User Data in accordance with these Terms, the BAA, applicable legal requirements, and My Best Practice’s documented retention and backup procedures. Residual copies in backups, logs, archives, or other systems where immediate deletion is not technically feasible will remain protected and will not be used for additional purposes except as required by law or as reasonably necessary to maintain the security, integrity, and recovery of the Service.
Nothing in this Section waives or limits any obligation or liability that cannot lawfully be waived or limited, including obligations under the BAA or applicable law.
9. Third-Party Services
The Service may contain links to, or permit connections with, third-party websites, servers, applications, services, or environments not owned or controlled by My Best Practice.
You agree that My Best Practice is not responsible for the content, policies, security, availability, or practices of third-party services. You should review the applicable terms and privacy policies of those third parties.
10. User Data and Service Data License
You retain any Intellectual Property Rights you already hold in User Data, subject to the limited rights, licenses, and other terms of this Agreement.
You represent and warrant that you own or possess all rights, licenses, permissions, consents, and legal authority necessary to submit User Data to the Service and to authorize My Best Practice to process User Data as contemplated by the Service, these Terms, the BAA, and applicable law.
You grant My Best Practice a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, analyze, and otherwise process User Data only as reasonably necessary to:
· provide, secure, maintain, support, and troubleshoot the Service;
· comply with applicable law and the BAA;
· perform your documented instructions;
· prevent fraud, abuse, security incidents, or technical harm; and
· enforce these Terms.
My Best Practice may permit service providers and subprocessors to process User Data only to provide services to My Best Practice and subject to applicable confidentiality, security, use, and BAA restrictions. Service providers and subprocessors may not use User Data for their own independent purposes.
PHI will be used and disclosed only as permitted by the BAA and applicable law.
My Best Practice will not use PHI or other customer content to train general-purpose artificial-intelligence models unless you expressly authorize that use in writing.
10A. De-Identified, Aggregated, and Synthetic Information
My Best Practice may create and use information that has been properly de-identified, aggregated, or synthetically generated so that it cannot reasonably be used to identify you, a patient, client, customer, or other individual.
My Best Practice may use such information, without attempting to re-identify it, to operate, secure, analyze, test, support, troubleshoot, measure, and improve the Service.
My Best Practice will not use this provision to authorize the use of PHI in a manner prohibited by the BAA or applicable law.
For testing, quality assurance, and product development, My Best Practice will use de-identified, aggregated, or synthetic information whenever reasonably practicable. Identifiable User Data may be used for those activities only when reasonably necessary to reproduce, diagnose, correct, or prevent an issue affecting the Service and subject to these Terms, the BAA, and applicable law.
The Service Data License ends upon termination of your Account except to the limited extent necessary to return, delete, retain, protect, or use residual User Data as described in Section 8, the BAA, applicable law, or My Best Practice’s documented retention and backup procedures.
10B. AI-Enabled Features
My Best Practice may offer optional features using artificial-intelligence or machine-learning technologies (“AI-Enabled Features”). You decide whether to enable or use optional AI-Enabled Features.
If you use an AI-Enabled Feature, My Best Practice and its authorized service providers and subprocessors may process User Data and PHI that you or your authorized users select, provide, or make available to that feature solely to provide, secure, support, and troubleshoot the selected feature, subject to these Terms, the Privacy Policy, the BAA, and applicable law.
AI Assistant
AI Assistant processes information selected or provided by an authorized professional to generate conversational responses or other assistance. AI Assistant does not itself record or transcribe sessions. Information made available to AI Assistant may include client information, clinical documentation, or transcripts created through other features when an authorized professional selects or provides that information.
AI Notes
AI Notes may capture audio, record or transcribe sessions, and generate draft clinical documentation. Custom templates or prompts may require additional processing of transcripts, User Data, or PHI.
You are responsible for ensuring that you and your authorized users have all rights, authority, permissions, notices, and consents required to provide User Data and PHI to an AI-Enabled Feature.
For AI Notes or any feature that records or transcribes a session, you are responsible for obtaining all consent required from every patient, client, legally authorized representative, professional, or other participant before recording, transcription, or AI processing begins.
Acceptance of these Terms does not itself obtain consent from any patient, client, or session participant. You are also responsible for complying with all applicable recording, wiretapping, privacy, confidentiality, professional-licensing, clinical, payer, documentation, and informed-consent requirements.
AI-generated content may be inaccurate, incomplete, misleading, biased, or inappropriate. AI-generated documentation is a draft until reviewed, edited as appropriate, and approved by a qualified professional.
A qualified professional must independently review and approve AI-generated content before it is relied upon, entered into a final clinical record, shared, submitted for payment, or used in connection with patient care.
AI-Enabled Features do not replace professional judgment and must not be permitted to make independent clinical or therapeutic decisions, communicate directly with clients for therapeutic purposes, or generate unreviewed treatment recommendations or treatment plans.
My Best Practice may add, remove, or change the models, vendors, service providers, or subprocessors used to provide AI-Enabled Features, subject to its obligations under these Terms, the Privacy Policy, the BAA, and applicable law. My Best Practice is not required to provide advance notice of every vendor, model, or subprocessor change unless required by applicable law or a separate written agreement.
If this Section conflicts with the BAA concerning PHI, the BAA controls.
11. Service Availability and User Data
My Best Practice may interrupt or restrict the Service, with or without prior notice, to protect the integrity, security, availability, or functionality of the Service; comply with law; investigate suspected misuse; or perform maintenance.
To the fullest extent permitted by law, My Best Practice will not be liable for interruption, suspension, modification, or termination of the Service, and you will not be entitled to refunds or compensation based solely on an interruption.
To the fullest extent permitted by law, My Best Practice will not be liable for loss, corruption, alteration, or unavailability of User Data, except to the extent liability cannot lawfully be limited or is expressly provided under the BAA or another written agreement.
Nothing in this Section limits obligations or liabilities that cannot lawfully be limited, including obligations under the BAA or applicable law.
12. Intellectual Property and License
My Best Practice owns all right, title, and interest in and to the Service, including the Software, Websites, Servers, designs, interfaces, documentation, workflows, and My Best Practice Marks, except for User Data.
You acknowledge that these Intellectual Property Rights are separate from rights you may hold in User Data.
Subject to your compliance with these Terms, My Best Practice grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the period your Account remains active, in good standing, and compliant with these Terms.
You may not:
· allow unauthorized persons or entities to access or use the Service;
· copy the ideas, features, functions, interfaces, or graphics of the Service;
· use the Service as a service bureau or application-service provider for the benefit of a third party;
· alter or modify the Software;
· sell, assign, sublicense, rent, lease, or transfer the Software or rights under these Terms; or
· reverse engineer, decompile, disassemble, translate, reverse assemble, or attempt to derive source code from the Service.
Mobile Application License
Subject to your compliance with these Terms, My Best Practice grants you a limited, non-exclusive, non-transferable license to use the My Best Practice mobile application on a device you own or control solely for authorized use of the Service.
You may not:
· license, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the mobile application;
· modify or create derivative works based on the Website or mobile application;
· create links to, frame, or mirror the mobile application on another server or device;
· reverse engineer or access the mobile application to design or build a competing product or service or to copy its ideas, features, functions, or graphics; or
· launch automated programs, scripts, bots, spiders, crawlers, viruses, worms, or other routines that burden or interfere with the Service.
App Store Applications
For an application accessed through or downloaded from the Apple App Store, you agree to use the application only:
· on an Apple-branded product running iOS; and
· as permitted by Apple’s App Store Terms of Service and Usage Rules.
These Terms are between you and My Best Practice, not Apple. My Best Practice, not Apple, is solely responsible for the application and its content.
Apple has no obligation to provide maintenance or support services for the application. To the extent permitted by applicable law, Apple has no responsibility for claims relating to the application, including product-liability claims, regulatory claims, consumer-protection claims, or intellectual-property claims.
Apple and its subsidiaries are third-party beneficiaries of these Terms concerning the application and may enforce those provisions against you.
13. Third-Party Intellectual Property Rights
You may not upload, publish, transmit, or submit User Data that violates another person’s Intellectual Property Rights, privacy rights, trade-secret rights, or other proprietary rights unless you own the rights or have all required permissions.
You agree to defend, indemnify, and hold harmless My Best Practice from claims, losses, liabilities, damages, costs, and expenses arising from or related to User Data or your breach of this Section.
14. Prohibited Conduct
You may not:
· post, display, transmit, or submit information that violates law or third-party rights;
· impersonate a person or entity or misrepresent an affiliation;
· transmit viruses, malware, spyware, worms, Trojan horses, time bombs, cancelbots, or harmful code;
· harvest or collect information about other users without authorization;
· engage in malicious, fraudulent, abusive, or disruptive conduct;
· interfere with the Service or another user’s use of the Service;
· attempt to obtain unauthorized access to another Account, password, or User Data;
· permit more than one person to use an Account in violation of the applicable subscription or access controls; or
· use the Service to provide diagnosis, treatment, or other professional services without appropriate licensure, supervision, and compliance with applicable law.
A violation of these Terms may result in immediate suspension or termination of your Account without refund or compensation, subject to applicable law and any written agreement governing your subscription.
15. Release
You agree not to hold My Best Practice liable for the content, actions, or inactions of other users or third parties.
As a condition of access to the Service, you release My Best Practice and its officers, directors, shareholders, agents, subsidiaries, employees, licensors, and service providers from claims, demands, losses, liabilities, and damages arising out of or connected with a dispute you have or claim to have with another user or third party, including where My Best Practice participates in an attempted resolution.
If you are a California resident, you waive California Civil Code § 1542, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor’s favor at the time of executing the release, which if known by the creditor must have materially affected the creditor’s settlement with the debtor.”
If you reside elsewhere, you waive any comparable statute or doctrine to the extent permitted by law.
16. Limited Warranty and Disclaimer
MY BEST PRACTICE WARRANTS THAT, DURING THE TERM OF THIS AGREEMENT, THE SOFTWARE WILL FUNCTION IN SUBSTANTIAL CONFORMANCE WITH THE SPECIFICATIONS EXPRESSLY IDENTIFIED ON THE WEBSITE, SUBJECT TO THE OTHER TERMS OF THIS AGREEMENT AND THE BAA.
EXCEPT FOR THAT LIMITED WARRANTY AND ANY NON-WAIVABLE WARRANTY REQUIRED BY LAW, THE SERVICE, SOFTWARE, WEBSITES, SERVERS, AI-ENABLED FEATURES, AND ACCOUNT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY LAW, MY BEST PRACTICE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION.
MY BEST PRACTICE DOES NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUS, ERROR-FREE, SECURE, VIRUS-FREE, OR SUFFICIENT FOR YOUR PARTICULAR CLINICAL, BUSINESS, LEGAL, BILLING, DOCUMENTATION, OR COMPLIANCE REQUIREMENTS.
AI-GENERATED CONTENT MAY BE INACCURATE OR INCOMPLETE AND MUST BE REVIEWED BY A QUALIFIED PROFESSIONAL. You are responsible for maintaining any administrative, technical, and physical safeguards required for your use of PHI and for complying with HIPAA and other applicable laws.
Nothing in this Section limits any obligation or liability that cannot lawfully be limited or is expressly imposed by the BAA.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MY BEST PRACTICE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES, DISGORGEMENT, OR COMPARABLE EQUITABLE REMEDY, INCLUDING DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE, SOFTWARE, WEBSITES, SERVERS, AI-ENABLED FEATURES, ACCOUNT, USER DATA, SUSPENSION, TERMINATION, OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF MY BEST PRACTICE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, MY BEST PRACTICE’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, SOFTWARE, WEBSITES, SERVERS, AI-ENABLED FEATURES, ACCOUNT, USER DATA, OR THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED FIFTY DOLLARS (US $150.00).
The limitations in this Section apply to the fullest extent permitted by law and are subject to the BAA and any liability that cannot lawfully be limited or waived. If the BAA imposes a more specific or different limitation concerning PHI, the BAA controls.
Some jurisdictions do not permit certain exclusions or limitations. To the extent a limitation is impermissible, it will apply only to the maximum extent permitted by law.
18. Indemnification
At My Best Practice’s request, you agree to defend, indemnify, and hold harmless My Best Practice, its officers, directors, shareholders, employees, subsidiaries, agents, licensors, service providers, and affiliates from damages, liabilities, claims, expenses, and costs, including reasonable attorneys’ fees, arising from:
· your breach or alleged breach of these Terms;
· your User Data or your representations concerning User Data;
· your violation of another person’s rights;
· your acts, omissions, negligence, willful misconduct, or illegal conduct;
· your use of the Service or AI-Enabled Features; or
· your failure to obtain required consents, notices, permissions, or authorizations.
My Best Practice may assume exclusive control and defense of a matter otherwise subject to indemnification. You agree to cooperate with My Best Practice’s defense.
19. Independent Relationship
Your use of the Service does not make you an employee, agent, partner, joint venturer, franchisee, or representative of My Best Practice. You will not make any claim inconsistent with that relationship.
Except as expressly stated concerning Apple’s App Store application, there are no third-party beneficiaries under this Agreement.
20. Termination
You may terminate this Agreement by closing your Account at any time.
My Best Practice may suspend or terminate your Account for breach, payment delinquency, suspected fraud, misuse, legal or regulatory reasons, security reasons, or whenever My Best Practice reasonably determines that suspension or termination is necessary to protect the Service, My Best Practice, another customer, a patient, or another person.
You will not be entitled to compensation for suspension or termination except as required by applicable law or a separate written agreement.
Subject to Section 8 and the BAA, My Best Practice will have no further obligation or liability following termination.
21. Effect of Termination
Upon termination of your Account, all licenses granted by My Best Practice to access or use the Website, Software, and Service terminate automatically, except for rights and licenses that survive under these Terms, the BAA, applicable law, or Section 8.
22. Outstanding Obligations
Upon termination, you remain liable for all unpaid fees and other amounts owed to My Best Practice.
23. Survival
The following provisions survive termination:
· Section 8;
· Section 10;
· Section 10A;
· Section 10B;
· Section 12;
· Section 13;
· Section 15;
· Section 16;
· Section 17;
· Section 18;
· Section 19;
· Section 24; and
· any other provision that by its nature should survive termination.
24. Arbitration Agreement and Class-Action Waiver
Except for claims eligible for small-claims court, claims seeking temporary, preliminary, or other provisional relief to protect intellectual-property, confidentiality, data-security, or trade-secret rights, or claims that cannot lawfully be arbitrated, any Dispute will be resolved by binding arbitration.
The arbitration will be administered by the American Arbitration Association under the AAA rules applicable to the parties and the nature of the Dispute, including the AAA Commercial Arbitration Rules where applicable and the AAA Consumer Arbitration Rules where legally required.
The place of arbitration will be New York, New York, unless the parties agree otherwise in writing or applicable law requires a different location.
To the fullest extent permitted by law, the arbitrator will have authority to determine questions concerning the existence, validity, scope, enforceability, and interpretation of the arbitration agreement, subject to any issue that applicable law requires a court to decide.
For any Dispute determined not to be subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, except as provided below for emergency injunctive or equitable relief.
Emergency Injunctive and Equitable Relief
Notwithstanding the arbitration requirement, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to protect or enforce intellectual-property, confidentiality, data-security, trade-secret, or other rights for which immediate relief may be appropriate.
A party may seek such relief in a court located:
· in New York County, New York;
· where the opposing party resides or has its principal place of business; or
· where the alleged violation occurred or threatened harm is occurring.
Seeking emergency relief will not waive or prevent arbitration of any remaining claims. To the extent required by applicable law, a party seeking provisional relief in aid of arbitration must timely commence arbitration and comply with applicable procedural requirements.
You and My Best Practice agree that the Federal Arbitration Act and the laws of the State of New York, without regard to conflict-of-law principles, govern this Agreement and the relationship between you and My Best Practice. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Class-Action Waiver
Any proceeding to resolve or litigate a Dispute will be conducted only on an individual basis.
To the fullest extent permitted by law:
· class arbitrations are not permitted;
· class actions are waived;
· representative actions and private-attorney-general actions are waived;
· consolidation of separate arbitrations is not permitted; and
· neither party may act or propose to act in a representative capacity.
The arbitrator may not hear claims on a class, representative, or consolidated basis.
If a court or arbitrator determines that this class-action waiver is unenforceable as to all or part of a Dispute, the affected portion will be severed and proceed in a court of law, while the remaining enforceable portions will proceed in arbitration to the fullest extent permitted by law.
If any other provision of this Section is held unlawful or unenforceable, that provision will be severed and the remainder will remain in effect.
25. International Use and Export Controls
My Best Practice is a United States-based service. We do not represent that the Service is appropriate or available for use outside the United States. Those who access the Service from outside the United States are responsible for complying with applicable local laws.
The Software is subject to applicable export laws and restrictions.
26. Assignment
You may not assign this Agreement or your Account without My Best Practice’s prior written consent.
You may not transfer or sublicense rights granted under this Agreement.
My Best Practice may assign this Agreement, in whole or in part, and all related rights, licenses, benefits, and obligations without restriction, including in connection with a merger, acquisition, reorganization, financing, sale of assets, or change of control.
27. Entire Agreement and Modifications
These Terms, the Privacy Policy, the BAA, and any written agreement incorporated by reference constitute the entire agreement concerning the Service and supersede prior or contemporaneous agreements and understandings concerning the same subject matter.
My Best Practice may modify these Terms effective immediately by notifying you through the Website, by email to the address associated with your Account, by posted notice, or by other legally permitted means. Except as permitted in the introductory provisions of this Agreement, modifications must be in a written agreement signed by authorized representatives of both parties and expressly referring to an amendment of these Terms.
No oral statement, informal email, support communication, or other communication modifies or supplements these Terms unless it satisfies this Section.
If any provision is held unlawful, void, or unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining provisions will remain in effect.
28. Notices
My Best Practice may provide notices to you through:
· the Website;
· email to the address associated with your Account; or
· written mail to the address associated with your Account.
Notices to My Best Practice must be sent to:
My Best Practice, LLC
353 Lexington Avenue, Office #317
New York, NY 10016
Email: info@mbpractice.com
A notice to My Best Practice is effective upon actual receipt. You are responsible for ensuring that notices sent to My Best Practice are directed to the address above or another notice address expressly designated by My Best Practice in writing.
29. Third-Party Providers
My Best Practice may refer or make available third-party service providers in connection with the Service. These providers are not owned or controlled by My Best Practice unless expressly stated.
My Best Practice is not responsible for the acts, omissions, content, policies, security, or services of third-party providers, except to the extent expressly required by applicable law or the BAA.
You agree to conduct your own investigation and due diligence regarding third-party providers and to defend, indemnify, and hold harmless My Best Practice from claims, losses, liabilities, expenses, and costs relating to your use of a third-party provider, except to the extent caused by My Best Practice’s non-waivable obligations.
30. Business Associate Agreement
For purposes of complying with HIPAA, you and My Best Practice agree to be bound by the Business Associate Agreement available at:
https://www.mbpractice.com/business-associate-agreement
The BAA is incorporated into these Terms by reference. If any provision of these Terms conflicts with the BAA concerning PHI, the BAA controls.
COUNSEL REVIEW NOTICE
This Terms of Service document should be reviewed and approved by licensed counsel before publication and periodically thereafter to confirm consistency with MBP’s Business Associate Agreements, vendor arrangements, data practices, AI-enabled features, and applicable law.