Terms and Conditions
1. Agreement to These Terms
These Terms and Conditions (“Terms”) govern access to and use of the MyCannaDoc clinic management software platform, websites, applications, support services, and related services (collectively, the “Service”) provided by MyCannaDoc (“MyCannaDoc,” “we,” “us,” or “our”).
By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of a clinic, company, or other organization, you represent that you have authority to bind that organization, and “Customer” means that organization.
2. The Service
MyCannaDoc provides software tools for clinics and authorized clinic personnel. The Service may include functionality for clinic registration, user and role management, office management, patient records, patient photos and files, recommendations, renewal recommendations, exemptions, caregiver recommendations, service dog verification letters, identification cards, mini recommendations, replacements, inventory workflows, invoices, receipts, notifications, activity monitoring, audit logs, and administrative support.
We may modify, add, or remove Service features from time to time. Some features may be experimental, in beta, or not yet enabled for all Customers.
3. No Medical, Legal, or Professional Advice by MyCannaDoc
MyCannaDoc is a software provider. We do not provide medical care, medical advice, diagnosis, treatment, legal advice, cannabis recommendation advice, professional licensing advice, or compliance advice.
Customers and their licensed professionals are solely responsible for all clinical decisions, patient relationships, medical evaluations, documentation, recommendations, approvals, denials, prescriptions or non-prescription recommendations, legal compliance, professional licensing, and use of generated documents.
4. Customer Responsibilities
Customer is responsible for:
- ensuring that only authorized personnel access the Service;
- assigning appropriate user roles, permissions, office restrictions, and access levels;
- maintaining accurate clinic, user, patient, recommendation, invoice, receipt, and document data;
- reviewing all generated documents and records for accuracy before use, printing, sending, or relying on them;
- complying with HIPAA, state privacy laws, medical cannabis laws, professional licensing rules, recordkeeping laws, patient consent requirements, and all other laws applicable to Customer’s operations;
- obtaining and maintaining all required patient authorizations, consents, notices, and permissions;
- promptly disabling access for former personnel or any person who should no longer have access;
- maintaining its own policies, procedures, and staff training for privacy, security, and compliance.
5. Users and Accounts
Users must provide accurate account information, keep credentials confidential, and promptly report suspected unauthorized access. Customer is responsible for all activity under its accounts and for actions taken by its Users.
We may suspend or restrict access if we reasonably believe an account is compromised, used unlawfully, violates these Terms, creates security risk, or may harm the Service, MyCannaDoc, Customers, Patients, or third parties.
6. Patient Data and Customer Data
“Customer Data” means data, files, text, images, documents, patient information, user information, clinic information, recommendations, notes, invoices, receipts, and other content submitted to or created in the Service by or on behalf of Customer.
Customer retains ownership of Customer Data. Customer grants MyCannaDoc a limited right to process Customer Data to provide, secure, maintain, support, troubleshoot, and improve the Service; comply with applicable law; and perform obligations under these Terms or other applicable agreements.
Customer is responsible for ensuring that Customer Data is lawful, accurate, complete, and appropriate for use in the Service.
7. HIPAA, PHI, and Business Associate Agreement
If Customer is a HIPAA-covered entity or otherwise requires MyCannaDoc to handle Protected Health Information (“PHI”) as a business associate, the parties must enter into a written Business Associate Agreement (“BAA”) or other required agreement before Customer uses the Service to store or process PHI, unless an existing written agreement already governs that processing.
If there is a conflict between these Terms and an executed BAA regarding PHI, the BAA controls for PHI. Customer remains responsible for its own HIPAA compliance, Notice of Privacy Practices, patient rights workflows, minimum necessary access, workforce training, and clinical recordkeeping obligations.
8. Acceptable Use
Customer and Users may not:
- access or attempt to access data, accounts, clinics, patients, files, or systems without authorization;
- use the Service to violate law, professional rules, patient rights, privacy laws, cannabis laws, or third-party rights;
- upload malicious code, attempt to disrupt the Service, bypass security controls, probe vulnerabilities without written permission, or perform unauthorized testing;
- share login credentials or allow unauthorized persons to use an account;
- enter false, misleading, unlawful, or unauthorized patient or clinical information;
- copy, reverse engineer, decompile, scrape, resell, sublicense, or commercially exploit the Service except as allowed by a written agreement;
- use the Service to send spam, unlawful communications, or content that violates applicable law.
9. Permissions, Audit Logs, and Activity Monitoring
The Service includes role-based permissions, audit logging, and activity monitoring features. These features are intended to help Customers manage access, investigate user actions, support security, and operate their clinics.
Customer is responsible for configuring permissions correctly and informing Users about monitoring, logging, and workplace policies as required by applicable law.
10. Documents, Recommendations, Invoices, and Receipts
The Service may generate or store recommendations, exemptions, caregiver documents, service dog letters, ID cards, mini recommendations, replacement documents, invoices, receipts, and related PDFs or files. These documents are generated based on data entered by Customer or Users.
Customer and authorized Users are solely responsible for reviewing document content, patient information, pricing, invoice and receipt details, provider information, signatures, licensing information, legal requirements, and clinical appropriateness before using, printing, sending, or relying on any document.
11. Beta Access and Future Paid Services
The Service is currently offered as a free beta service. During the beta period, MyCannaDoc does not charge Customer subscription fees for access to the Service. Beta access may be modified, limited, suspended, or discontinued at any time, with or without notice, to the maximum extent permitted by applicable law.
MyCannaDoc may introduce paid plans, paid features, or other fees in the future. No Customer will be charged solely as a result of these Terms. Any future paid offering will be subject to pricing and additional terms presented to and affirmatively accepted by Customer before charges apply.
12. Support and Availability
We aim to provide a reliable Service, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, outages, security issues, hosting provider issues, third-party services, or events outside our control.
Support may be provided by email, in-app communication, or other channels we make available.
13. Backups and Data Export
We may maintain operational backups for disaster recovery, security, and continuity. Operational backups may be retained for up to three (3) years, unless a shorter or longer period is required by applicable law, an applicable Business Associate Agreement, a written agreement with Customer, or our documented security and disaster-recovery requirements. Backups are not a substitute for Customer’s own compliance, record retention, export, or archival obligations. Customer is responsible for maintaining any legally required records outside the Service if required by law or policy.
Data export features may be provided where available. Export scope, format, and availability may vary by feature and Customer configuration.
14. Privacy and Security
Our collection and use of information is described in our Privacy Policy. Customer and Users must use the Service in a manner consistent with the Privacy Policy, any applicable BAA, these Terms, and applicable law.
15. Third-Party Services
The Service may depend on third-party services such as hosting providers, database infrastructure, backup systems, email delivery providers, analytics or logging tools, and other vendors. We are not responsible for third-party services outside our control, but we will use commercially reasonable efforts to select providers appropriate for the Service.
16. Intellectual Property
MyCannaDoc and its licensors own the Service, software, code, design, workflows, documentation, templates, trademarks, and other intellectual property, except for Customer Data. Subject to these Terms, Customer receives a limited, non-exclusive, non-transferable, revocable right to use the Service for its internal clinic operations during the period in which MyCannaDoc authorizes Customer to access the Service.
Feedback or suggestions may be used by us without restriction or compensation, provided we do not disclose Customer’s confidential information or Patient information in violation of applicable obligations.
17. Confidentiality
Each party may receive confidential information from the other. The receiving party will use reasonable care to protect confidential information and will use it only for purposes related to the Service, except as allowed by law, agreement, or the disclosing party’s authorization.
18. Termination
Customer may stop using the Service at any time. During the free beta period, MyCannaDoc may suspend, restrict, or terminate access at any time for security risk, unlawful use, material breach, operational or product reasons, discontinuation of the beta program, or as otherwise permitted by applicable law or written agreement.
After termination, access to the Service may be disabled. Data deletion, export, retention, and backup handling will be governed by applicable law, agreements, and our operational policies.
19. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE AGAINST ALL THREATS, OR THAT GENERATED DOCUMENTS WILL BE LEGALLY OR CLINICALLY SUFFICIENT FOR CUSTOMER’S PARTICULAR USE.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYCANNADOC AND ITS OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, PERSONNEL, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR REPUTATION; BUSINESS INTERRUPTION; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; COSTS OF SUBSTITUTE SERVICES; OR ANY OTHER SIMILAR LOSS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYCANNADOC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, CUSTOMER DATA, OR ANY RELATED CLAIMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS AND CAUSES OF ACTION, REGARDLESS OF THE NUMBER OF EVENTS, CLAIMS, USERS, OR THEORIES OF LIABILITY.
CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS CURRENTLY PROVIDED WITHOUT SUBSCRIPTION FEES AND THAT THE DISCLAIMERS AND LIMITATIONS IN THESE TERMS ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN CUSTOMER AND MYCANNADOC. NO LIMITATION OR EXCLUSION IN THESE TERMS APPLIES TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
21. Indemnification
Customer will defend, indemnify, and hold harmless MyCannaDoc from claims, damages, liabilities, costs, and expenses arising from Customer Data, Customer’s clinical or professional services, Customer’s legal or regulatory non-compliance, Customer’s misuse of the Service, Customer’s violation of these Terms, or unauthorized access caused by Customer or its Users.
22. Governing Law and Disputes
These Terms and any dispute arising out of or relating to the Service will be governed by applicable United States federal law and, where state law applies, by the state law determined under the applicable conflict-of-law rules. Nothing in these Terms is intended to require the application of the law of a particular state where such choice would be invalid or inapplicable.
Before filing a formal claim, Customer agrees to first provide MyCannaDoc written notice describing the dispute and to allow at least thirty (30) days for a good-faith effort to resolve it informally, unless emergency or injunctive relief is reasonably necessary.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE THAT CANNOT BE RESOLVED INFORMALLY WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. EACH PARTY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A JURY TRIAL. Any action that must be brought in court will be brought in a court of competent jurisdiction with authority over the parties and the dispute. Mandatory rights or remedies that cannot lawfully be waived are not affected by this Section.
23. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date above indicates when the Terms were last revised. Material changes may be communicated through the Service, email, or other reasonable method. Continued use of the Service after changes become effective means you accept the updated Terms.
24. Contact
MyCannaDoc
Email: support@mycannadoc.com
Phone: +1 818 647 1172