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Agent. “Agent” shall have the meaning as determined in accordance with the federal common law of agency.
Breach. “Breach” shall have the same meaning as the term “breach” in 45 CFR § 164.402.
Business Associate. “Business Associate” shall mean Tridiuum, Inc.
Covered Entity. “Covered Entity” shall mean active subscriber to Tridiuum.
Data Aggregation. “Data Aggregation” shall have the same meaning as the term “data aggregation” in 45 CFR § 164.501.
Designated Record Set. “Designated Record Set” shall have the same meaning as the term “designated record set” in 45 CFR § 164.501.
Disclosure. “Disclosure” and “Disclose” shall have the same meaning as the term “Disclosure” in 45 CFR § 160.103.
Electronic Health Record. “Electronic Health Record” shall have the same meaning as the term in Section 13400 of the HITECH Act.
Health Care Operations. “Health Care Operations” shall have the same meaning as the term “health care operations” in 45 CFR § 164.501.
HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
HITECH Act. “HITECH Act” shall mean The Health Information Technology for Economic and Clinical Health Act, part of the American Recovery and Reinvestment Act of 2009 (“ARRA” or “Stimulus Package”), specifically DIVISION A: TITLE XIII Subtitle D—Privacy, and its corresponding regulations as enacted under the authority of the Act.
Individual. “Individual” shall have the same meaning as the term “individual” in 45 CFR § 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g).
Minimum Necessary. “Minimum Necessary” shall mean the Privacy Rule Standards found at §164.502(b) and § 164.514(d)(1).
Privacy Rule. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E.
Protected Health Information. “Protected Health Information” shall have the same meaning as the term “protected health information” in 45 CFR § 160.103, limited to the information created, received, maintained or transmitted by Business Associate on behalf of Covered Entity.
Required By Law. “Required By Law” shall have the same meaning as the term “required by law” in 45 CFR § 164.103.
Secretary. “Secretary” shall mean the Secretary of the Department of Health and Human Services or his or her designee.
Security Incident. “Security Incident” shall have the same meaning as the term “Security Incident” in 45 CFR § 164.304.
Security Rule. “Security Rule” shall mean the Standards for Security of Electronic Protected Health Information at 45 C.F.R. parts § 160 and § 164, Subparts A and C.
Subcontractor. “Subcontractor” shall mean a person or entity “that creates, receives, maintains, or transmits protected health information on behalf of a business associate” and who is now considered a business associate, as the latter term is defined in 45 CFR § 160.103.
Subject Matter. “Subject Matter” shall mean compliance with the HIPAA Rules and with the HITECH Act.
Unsecured Protected Health Information. “Unsecured Protected Health Information” shall have the same meaning as the term “unsecured protected health information” in 45 CFR § 164.402.
Use. “Use” shall have the same meaning as the term “Use” in 45 CFR § 164.103.
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2. Obligations and Activities of Business Associate.
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“Account Owner” means the individual who establishes the Account as well as the entity and person in whose name the Account is established. The Account Owner is responsible for the obligations and activities under the account as well as all Users, and Team Members within the Account (including without limitation payment for the account and deletion of the Account.)
“Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between you and Tridiuum relating to the Website/Software/Service, any transaction or relationship between you and Tridiuum resulting from your use of the Website/Software/Service, communications between you and Tridiuum, or this Agreement – whether in contract, warranty, tort, laws, or regulations.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and associated regulations, as may be amended from time to time;
"Intellectual Property Rights" means all worldwide common law or statutory: (a) patents, patent applications, and patent rights; (b) rights associated with original works, authorship, moral rights, copyrights and all their exclusive rights; (c) rights relating to the protection of trademarks, trade secrets and Confidential Information; (d) rights associated with designs, industrial designs and any other design; (e) rights analogous to those rights set forth above and all other industrial or intellectual property rights; and (f) registrations, provisionals, continuations, continuations-in-part, renewals, reissues, reexaminations and extensions of the foregoing (as applicable) now existing or hereafter filed, issued or acquired
“Payment Data” means any personal or financial information collected from a credit card, debit card or other payment method, including but not limited to a cardholder’s account number, card expiration date, and CVV2.
“Protected Health Information” or “PHI” means protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103; and
“Servers” are computers or devices that host the Website or Software or Service
“Tridiuum Software” or “Software” is the software provided to you by Tridiuum and/or its suppliers under license or with respect to which you have access, in connection with the Service;
“Team Member” means Account Owners’ clinical staff, contractors, administrators, or other service providers who are granted access to the Account with the authorization of the Account Owner.
“Transaction Data” means customer information, User Data, Payment Data, transaction information, bank information and credit card information including without limitation tokenized account information, tokens and token access codes, account information or other data or information of any kind that is provided by or generated or collected on your behalf, or your patients or client by the Service.
“User Data” means any data or images that you or your clients or patients upload, stream or submit to the Servers, Website, or other areas of the Service, or generated or collected on your behalf from the Services, Website, the Service or third parties, including but not limited to Protected Health Information as that term is defined below, video, image and sound data and Transaction Data;
“Users” means an Account Owner, Team Member, or either of their clients or patients.
“Website” means the websites and services available from the domain and sub-domains of https:// Tridiuum.com, https://tridiuum1.com, https://polestarapp.com, and any related or successor domains and mobile applications and sites from which Tridiuum may offer Services;
Confidential Information. “Confidential Information” shall mean rights associated with designs, industrial designs and any other design; rights analogous to those rights set forth above and all other industrial or intellectual property rights; and registrations, provisionals, continuations, continuations-in-part, renewals, reissues, reexaminations and extensions of the foregoing (as applicable) now existing or hereafter filed, issued or acquired.
2. Verification for Tridiuum
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Tridiuum provides the Service for the fees and other charges set forth in our order form or on our website or other promotional communications as may be issued from time to time, including free trial periods for a limited time. If You are offered and participate in a free trial, you may cancel your Shrive subscription at any time prior to the conclusion of the trial period at no expense to You and owing no monies or compensation to Tridiuum. At the conclusion of the trial period Tridiuum will begin to charge You for the use of the Services according to Tridiuum’s pricing schedule as provided to You prior to the expiration of the trial period. Tridiuum may at any time add new services for additional fees and charges, or prospectively modify fees and charges for existing services on notice as provided herein. You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by Tridiuum continue to be valid and sufficient for such purposes. We may suspend or terminate your use and your Account’s use, as provided in Section 24, in the event of any payment delinquency. Other services are available from Tridiuum and the agreement with respect to those services and fees due to Tridiuum incorporate by reference these Terms of Service as well as any specific terms and conditions presented to you. You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to Tridiuum shall have been earned by Tridiuum as of the date of payment. You will not be entitled to any refund of partially used Services or credits at any time.
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In addition, although we have no obligation to screen, edit or monitor User Data, we may delete or remove or suspend the use of User Data at any time and for any reason.By accessing or using the Service, you consent to the processing, transfer and storage of information about you and your Users in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
15. Intellectual Property Rights of Third Parties
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In the event of a Dispute between you and Tridiuum (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in the State of Delaware, County of New CastleWilmington. In the event that there is any Dispute between you and Tridiuum that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, County of New CastleWilmington. You agree that this Agreement and the relationship between you and Tridiuum shall be governed by the Federal Arbitration Act and the laws of the State of Delaware without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
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Tridiuum Terms of Service Last Updated/Effective Date: March 24November 30, 20202021
Privacy Policy
This Privacy Policy describes how Tridiuum Inc (“Tridiuum” or “We” or “Us” or “Our”) uses and discloses the Personal Information you provide to us or that we collect when you use our websites, mobile applications, software, platforms and services (“Services”). Before providing Personal Information to us, please review this Privacy Policy carefully.
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