DRAFT — requires attorney review before publication. This document is a working draft provided for review and is not yet in effect.
Terms of Service
Effective date: [DATE — to be set on publication]
These Terms of Service (“Terms”) govern access to and use of the RestDoc360 service, website, and related software (the “Service”) by the organization that registers an account (“Customer”) and the individuals it authorizes (“Users”). By registering for or using the Service, you agree to these Terms on behalf of the Customer and confirm that you are authorized to do so.
1. The Service
RestDoc360 is an administrative coordination tool that helps funeral homes track death certificate cases, communicate with medical certifiers and families, and report on turnaround. RestDoc360 does not replace state death registration systems or the legal responsibilities of licensed funeral directors. The Service does not submit records to any registration system, does not render legal or medical advice, and does not issue death certificates or certified copies.
2. Accounts and eligibility
- The Service is for business use by funeral homes, crematories, funeral service organizations, and their personnel. You must be at least 18 years old.
- Customer is responsible for all activity under its account, for keeping credentials confidential, for enabling appropriate security settings (including multi-factor authentication), and for promptly removing Users who should no longer have access.
- Customer must provide accurate registration and billing information and keep it current.
3. Customer responsibilities and acceptable use
Customer is solely responsible for the information it enters and the messages it sends through the Service, and agrees to:
- Comply with all applicable laws, including vital records, funeral practice, privacy, telemarketing, and anti-spam laws, and professional rules governing communications with medical certifiers.
- Obtain any consents required to contact certifiers and family members through the channels used, and honor opt-out requests.
- Not enter cause or manner of death, Social Security numbers, or other information the Service is not designed to hold.
- Not use the Service to send unlawful, harassing, deceptive, or misleading communications; not misrepresent the status of any record; and not attempt to access another customer’s data.
- Not reverse engineer, scrape, overload, or interfere with the Service, or use it to build a competing product.
4. Regulated actions remain with licensed professionals
Recording a record as submitted, resubmitted, or registered, and any other action affecting an official record, must be performed by an appropriately licensed or authorized User and must reflect a confirmation obtained from the relevant registrar or state system. RestDoc AI features provide administrative suggestions only; they are not legal or medical determinations and must be reviewed by a qualified person before any action is taken.
5. Trials, sandbox mode, and plans
- Free trials run for the period shown at registration and may be modified or discontinued at any time. Trial accounts operate in sandbox mode: messages are simulated and labelled as such unless and until Customer connects a live delivery provider.
- Plan features and limits (active cases, team members, locations) are described on the pricing page. Pricing is preliminary and subject to change; changes take effect at the next renewal after notice.
- Customer may upgrade at any time. Downgrades take effect at the next billing period and require usage to fit within the new plan’s limits.
6. Fees and payment
Paid plans are billed monthly in advance in U.S. dollars through our payment provider. Fees are non-refundable except as required by law or expressly stated. If payment fails, we may suspend the account after notice. Customer is responsible for applicable taxes other than taxes on our income.
7. Customer data
- Customer retains all rights in the data it enters (“Customer Data”). Customer grants RestDoc360 a limited license to host, process, transmit, and display Customer Data solely to provide and support the Service.
- We handle Customer Data as described in our Privacy Policy. We do not sell Customer Data or use it to train general-purpose AI models.
- Customer may export Customer Data during the subscription and for 30 days after termination, after which we may delete it.
- If Customer determines that HIPAA applies to its use, Customer must execute a Business Associate Agreement with us before entering protected health information into a live account.
8. Third-party services
The Service can connect to third-party providers (email, SMS, AI, payments) that Customer chooses to configure. Those providers’ terms govern their services. RestDoc360 is not responsible for third-party services, and delivery of messages depends on them; we report delivery status only as those providers report it to us.
9. Intellectual property and feedback
RestDoc360 and its licensors own the Service, including software, design, templates we supply, and documentation. Subject to these Terms, Customer receives a non-exclusive, non-transferable right to use the Service during the subscription. If you provide feedback, we may use it without obligation.
10. Confidentiality
Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms, except as required by law.
11. Availability, support, and changes
We aim to keep the Service available and will provide support according to the Customer’s plan. We may modify features, provided we do not materially reduce core functionality during a paid term without notice. Scheduled maintenance will be communicated where practical.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, RESTDOC360 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESTDOC360 DOES NOT WARRANT THAT ANY CERTIFIER OR REGISTRAR WILL RESPOND, THAT ANY RECORD WILL BE ACCEPTED OR REGISTERED BY ANY DEADLINE, OR THAT SUGGESTIONS FROM RESTDOC AI ARE ACCURATE OR COMPLETE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE, ARISING OUT OF THESE TERMS OR THE SERVICE. RESTDOC360’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS, BREACH OF CONFIDENTIALITY, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.
14. Indemnification
Customer will defend and indemnify RestDoc360 against third-party claims arising from Customer Data, Customer’s communications sent through the Service, or Customer’s violation of law or these Terms. RestDoc360 will defend and indemnify Customer against third-party claims that the Service, as provided by us, infringes a U.S. patent, copyright, or trademark, subject to customary exclusions.
15. Term, suspension, and termination
These Terms apply while Customer has an account. Either party may terminate for material breach not cured within 30 days of notice. Customer may cancel at any time; cancellation takes effect at the end of the current billing period. We may suspend access immediately to prevent harm, abuse, or legal exposure, with notice where practical. Sections that by their nature should survive termination will survive.
16. Governing law and disputes
These Terms are governed by the laws of the State of [STATE — to be determined], without regard to conflict-of-laws rules. The parties will attempt in good faith to resolve disputes informally before pursuing other remedies. Venue and any arbitration provisions are to be determined on attorney review.
17. General
These Terms, the Privacy Policy, any order form, and any executed BAA form the entire agreement between the parties regarding the Service. If any provision is unenforceable, the remainder stays in effect. Neither party may assign these Terms without consent, except to a successor in a merger or sale of substantially all assets. Notices to us should be sent through the contact form; notices to Customer will be sent to the account owner’s email address.
18. Changes to these Terms
We may update these Terms. We will post the revised Terms with a new effective date and notify Customers of material changes at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.
