1. Acceptance of Terms

By accessing or using the website and services (“Services”) provided by Hatchleaf (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”), as well as our Privacy Policy (which complies with HIPAA and SOC 2). If you do not agree to these Terms, do not use our Services.

If you are accessing our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old and legally authorized to enter into these Terms. By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Compliance with Laws

You agree to use the Services in compliance with all applicable local, state, federal, and international laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and relevant data privacy laws.

If you are a Covered Entity or Business Associate under HIPAA, you acknowledge your responsibility for compliance and agree to enter into a Business Associate Agreement (BAA) with us where applicable.

4. Data Security and Privacy

We maintain administrative, physical, and technical safeguards to protect your information, including:

• Encryption in transit and at rest

• Role-based access controls

• Regular third-party security audits

• Logging and monitoring of system activity

• Incident response planning

All data handling practices conform to SOC 2 Type II Trust Services Criteria and are consistent with HIPAA Security and Privacy Rules.

Your use of our Services is also subject to our Privacy Policy, which explains how we collect, use, and disclose personal and health information.

5. User Responsibilities

You agree to:

• Maintain the confidentiality of your account credentials

• Notify us immediately of any unauthorized access or use

• Only upload or share information that you have the legal right to process or disclose

• Not use the Services for any illegal, harmful, or fraudulent activity

If you are a healthcare provider or administrator, you are responsible for ensuring your use of our platform complies with HIPAA requirements.

6. Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Attempt to reverse engineer, decompile, or tamper with any part of the Services

• Upload or distribute malware, viruses, or harmful code

• Access or search our Services using automated means

• Share access credentials with unauthorized parties

7. Business Associate Agreement (BAA)

Where required, we will enter into a BAA with you to govern our handling of PHI under HIPAA. The BAA will supplement these Terms and control in the event of a conflict regarding PHI handling.

To request a BAA, please contact: nick@hatchleaf.com.

8. Service Availability and Maintenance

We strive to provide uninterrupted access to our Services, but we do not guarantee availability at all times. We may suspend access for scheduled maintenance, updates, or emergency security fixes. We will provide notice where feasible.

9. Intellectual Property

All content, software, and technology provided by Hatchleaf are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

10. Termination

We reserve the right to suspend or terminate your access to the Services at any time for any reason, including but not limited to:

• Violation of these Terms

• Security concerns

• Non-payment (if applicable)

• Legal or compliance obligations

Upon termination, your access to data may be revoked, but we will retain your data in accordance with our data retention policies and regulatory requirements.

11. Disclaimer of Warranties

The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the extent permitted by law, [Your Company Name] shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, arising from your use of the Services.

13. Indemnification

You agree to indemnify and hold harmless Hatchleaf, its affiliates, and its officers, directors, employees, and agents from any claims, damages, or legal fees resulting from your use of the Services, violation of these Terms, or breach of applicable laws or third-party rights.

14. Modifications to Terms

We reserve the right to update these Terms at any time. Any changes will be effective upon posting to our website with the updated “Last Updated” date. Continued use of the Services constitutes your acceptance of the changes.

15. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles.

16. Contact Information

For questions about these Terms or to request a BAA, please contact:

Hatchleaf
2248 Broadway #1307, New York City, NY 10024
Email: nick@hatchleaf.com

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Last updated: April 18, 2025