Terms of Service | AmplifyPACS & DICOM.store

By subscribing to, accessing, paying for, or using the service, you acknowledge that you have read, understood, and agreed to these terms.

1. Services Provided

AmplifyPACS and DICOM.store provide software and related services for medical image storage, viewing, transfer, sharing, backup, and access.

Depending on your selected plan, services may include some or all of the following:

DICOM image upload
DICOM image storage
Web-based image viewing
Image transfer to radiologists or other authorized recipients
Offsite cloud backup
Online exam and report sharing
Uploader software installed on an acquisition device
Technical support related to our software
Optional chiropractic measurement and annotation tools
Other related imaging workflow services

The exact services included depend on your active subscription plan, written agreement, invoice, or service configuration.

2. Month-to-Month Prepaid Service

Services are provided on a prepaid, month-to-month basis unless a separate written agreement states otherwise.

There are no long-term contracts unless a separate written agreement expressly provides for one.

Monthly service fees are billed in advance. Billing is prorated to the 1st day of each month, and regular monthly billing occurs on the 1st day of each month.

3. No Refunds for Prepaid Services

All prepaid service fees are non-refundable.

If you cancel service after payment has been made for a billing period, no refund or credit will be issued for unused time remaining in that billing period.

No refunds will be issued for partial months, unused services, reduced usage, temporary non-use, customer-side technical issues, internet outages, acquisition-device issues, third-party software issues, or failure to use the service.

4. Cancellation Policy

You may cancel service at any time by completing the cancellation form located at:

https://amplifypacs.com/cancel.pdf

To avoid billing for the next monthly cycle, the cancellation form must be completed before the 1st day of the upcoming month.

If our software is installed on your acquisition device, you must also schedule a software-removal appointment for a date before the 1st day of the upcoming month using the following scheduling link:

https://amplifypacs.com/book

If the cancellation form is not completed before the 1st day of the month, or if the required software-removal appointment is not scheduled or made available before the 1st day of the month, the account may remain active and billable for the next monthly cycle.

You are responsible for making the acquisition device available at the scheduled appointment time so that we can remove our software.

5. Service Fees and Included Image Storage

Your subscription fee is for access to and use of our software platform and related services.

Unlimited image storage is included while your account remains active and in good standing. We do not charge a separate image-storage fee. Image storage is included as part of your active platform subscription.

Images are stored while the account remains active, subject to these terms, our Business Associate Agreement, applicable law, technical requirements, and account status.

6. Responsibility for Medical Record Retention

You remain responsible for your own medical record retention obligations, including determining what images, studies, reports, patient records, billing records, and other documentation must be retained under applicable federal, state, professional, licensing, insurance, business, and legal requirements.

Our platform is not intended to replace your own legal medical record retention policy unless a separate written agreement expressly states otherwise.

You are responsible for ensuring that you have exported, downloaded, retained, or otherwise preserved any records you need before cancellation, account closure, or data deletion.

7. Images Received by the Platform

We can only store, back up, display, transfer, or share images that are successfully received by our platform.

If an image, study, series, report, or other file is never sent to us, fails to upload, is interrupted during transmission, is rejected due to format or technical issues, is deleted before transmission, or is otherwise not successfully received by our system, it may not be available through our platform and may not be included in backup.

You are responsible for verifying that required images and studies have been successfully transmitted, received, and are available in your account.

You are also responsible for notifying us promptly if you believe images, studies, reports, or other data are missing, incomplete, corrupted, incorrectly assigned, or otherwise unavailable.

8. Cancellation, Account Closure, and Data Deletion

After an account is cancelled, closed, or terminated, we have no obligation to continue storing or retaining your images, studies, reports, user data, or related account data, except as expressly required by a separate written agreement, our Business Associate Agreement, or applicable law.

Our Business Associate Agreement is available here:

https://amplifypacs.com/baa.pdf

Upon cancellation, account closure, or termination, we may delete images, studies, reports, user data, and related account data from our systems in accordance with our Business Associate Agreement, HIPAA obligations, internal data-retention procedures, and applicable law.

Deletion may be permanent and irreversible.

If you need a copy of your data, you must request a DICOM export before cancellation, account closure, or deletion.

9. Payment, Late Fees, and Past-Due Accounts

Payment is due according to the billing schedule for your account.

We reserve the right to suspend or limit nonessential services, new uploads, new transfers, online sharing functions, support services, or other platform features if payment is not received by the 7th day of the month.

Accounts that are 30 days past due may be subject to a $20 late fee.

If payment is not received by the 1st day of the second month past due, approximately 60 days past due, the account may be closed and data may be scheduled for deletion in accordance with these terms, our Business Associate Agreement, and applicable law.

For accounts containing protected health information, any return, export, destruction, continued protection, or access to existing data will be handled in accordance with the applicable Business Associate Agreement and HIPAA requirements.

10. Data Export

If you wish to export your data in DICOM format, you may request a data export before cancellation, account closure, or deletion.

DICOM exports are billed at $500 per 1 TB drive. A 1 TB drive provides approximately 931 GB of usable capacity for uncompressed data.

Exports are provided on encrypted physical media and shipped to the customer or another approved destination.

The final cost depends on the amount of data in the account, the number of encrypted drives required, shipping requirements, and any special handling requirements.

Please contact us for a quote before requesting an export.

Data export is not instantaneous and may require scheduling, preparation time, encryption, drive preparation, shipping, and verification.

11. Technical Support

Technical support is included for issues related to our X-ray viewing software, DICOM.store, AmplifyPACS, image transmission, uploader configuration, and transmission issues related to our software.

Technical support does not include repair, maintenance, troubleshooting, training, or configuration of third-party acquisition software, X-ray equipment, imaging hardware, office computers, Windows operating system issues, local network problems, internet service provider issues, antivirus software, firewall configuration, or other third-party systems outside our software.

We may provide limited guidance as a courtesy when troubleshooting a workflow issue, but responsibility for third-party acquisition software, acquisition equipment, hardware, network, internet, and local computer issues remains with the customer and/or the applicable third-party vendor.

If an issue is determined to be caused by acquisition software, acquisition hardware, office networking, internet service, Windows configuration, or another third-party system, you may need to contact the applicable vendor or IT provider.

12. Authorized Users and Account Security

You are responsible for managing your authorized users, passwords, access permissions, and account security.

You are responsible for promptly removing access for any employee, contractor, provider, or other user who should no longer have access to your account.

You are responsible for maintaining the confidentiality of usernames, passwords, and login credentials.

You are responsible for all activity performed under your account or user credentials unless caused solely by our systems.

We are not responsible for unauthorized access resulting from shared credentials, weak passwords, compromised email accounts, failure to remove former users, customer-side malware, customer-side device compromise, or other customer-side access-control issues.

13. Patient, Attorney, and Third-Party Sharing

If your plan includes online exam or report sharing, you may be able to share images, reports, or related exam information with patients, attorneys, providers, or other third parties.

You are responsible for ensuring that each disclosure, share, transfer, or release is authorized and legally appropriate.

You are responsible for confirming the identity and authorization of any recipient before sharing protected health information or other sensitive information.

We are not responsible for disclosures made to recipients selected, entered, approved, or authorized by you or your users.

14. No Diagnostic or Medical Interpretation Services

Our services are limited to image storage, viewing, transfer, backup, access, sharing, and related software functionality.

We do not provide medical diagnosis, radiology interpretation, clinical advice, legal advice, treatment recommendations, or professional medical services.

You are responsible for ensuring that images and reports are reviewed by the appropriate licensed provider, radiologist, or other qualified professional when clinically necessary.

15. No Guarantee of Third-Party Delivery, Review, or Action

Our service may assist with image transfer, storage, access, backup, viewing, and sharing.

We do not guarantee that a third-party radiologist, provider, attorney, patient, or other recipient has reviewed, accepted, downloaded, interpreted, or acted upon any image, report, or exam unless expressly confirmed by that third party.

You are responsible for confirming receipt and review with any third party when clinically, legally, or operationally necessary.

16. Technical Requirements and Service Availability

Service requires compatible acquisition equipment, compatible image format, internet connectivity, user credentials, and other technical conditions.

Service availability may be affected by internet outages, acquisition-device issues, third-party software, hardware failures, incorrect export settings, DICOM formatting issues, user error, maintenance, power outages, cybersecurity events, vendor outages, or other circumstances outside our control.

We do not guarantee uninterrupted or error-free service.

We may perform maintenance, updates, configuration changes, security improvements, or other service work that may temporarily affect access or functionality.

17. Customer Cooperation

You agree to provide reasonable cooperation necessary for setup, support, troubleshooting, cancellation, software removal, data export, security review, or other service-related work.

This may include providing access to the acquisition device, making authorized staff available, maintaining internet connectivity, providing accurate contact information, allowing remote support when needed, and responding to reasonable support requests.

Failure to cooperate may delay setup, support, cancellation, software removal, data export, or other service functions.

18. Acceptable Use

You agree not to use the service for unlawful, abusive, fraudulent, or unauthorized purposes.

You agree not to attempt to gain unauthorized access to systems, accounts, data, networks, or services.

You agree not to upload malicious files, interfere with service operation, misuse credentials, bypass security controls, or use the service in a way that harms other customers, patients, recipients, or systems.

We reserve the right to suspend or terminate access if we reasonably believe the service is being misused or used in a way that creates a security, legal, operational, or compliance risk.

19. Security

We use reasonable administrative, technical, and physical safeguards designed to protect data maintained by our platform.

No system can be guaranteed to be completely secure, uninterrupted, or error-free.

You are responsible for maintaining appropriate security controls on your own devices, networks, acquisition systems, workstations, email accounts, user accounts, and physical premises.

20. Business Associate Agreement

For customers who are covered entities or business associates under HIPAA, our handling of protected health information is governed by the applicable Business Associate Agreement.

Our Business Associate Agreement is available here:

https://amplifypacs.com/baa.pdf

If there is a conflict between this disclosure and the Business Associate Agreement regarding protected health information, the Business Associate Agreement controls.

21. Privacy and Use of Information

We may use account information, technical information, usage information, and service-related information as necessary to provide, maintain, support, secure, bill, improve, and administer the service.

Protected health information will be handled in accordance with the applicable Business Associate Agreement and HIPAA requirements.

22. Third-Party Services and Vendors

Our services may interact with or depend on third-party systems, including but not limited to acquisition software, imaging hardware, internet service providers, email providers, hosting providers, payment processors, shipping carriers, radiology providers, and other vendors.

We are not responsible for failures, outages, errors, delays, security incidents, incompatibilities, or service limitations caused by third-party systems outside our control.

23. Changes to Services or Terms

We may update services, features, pricing, support procedures, security requirements, technical requirements, or these terms from time to time.

If material changes are made, we may provide notice by email, invoice notice, website posting, account notice, or another reasonable method.

Continued use of the service after changes become effective constitutes acceptance of the updated terms.

24. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of business, loss of goodwill, loss of data, business interruption, or costs of substitute services.

To the maximum extent permitted by law, our total liability for any claim related to the service will not exceed the amount paid by the customer for the service during the three months immediately preceding the event giving rise to the claim.

This limitation does not apply where prohibited by law.

25. Customer Responsibility and Indemnification

You are responsible for your use of the service, your users’ use of the service, your medical record retention obligations, your disclosures of information, your recipient selections, your access controls, and your compliance with applicable laws and professional obligations.

To the maximum extent permitted by law, you agree to indemnify and hold us harmless from claims, damages, costs, or expenses arising from your misuse of the service, unauthorized disclosures caused by you or your users, failure to maintain required records, failure to verify uploaded studies, failure to manage user access, or violation of applicable law.

26. Governing Terms

These Terms of Service and Service Agreement Disclosure apply unless superseded by a separate signed written agreement.

If there is a conflict between these terms and a signed written agreement, the signed written agreement controls.

If there is a conflict between these terms and the Business Associate Agreement regarding protected health information, the Business Associate Agreement controls.

27. Acceptance