CimaSystem — Terms of Service
Effective date: August 21, 2025
Legal entity: Cima Systems, a Florida within Palm Beach County, company with principal place of business at 10800 N Military Trail, Suite 115
Palm Beach Gardens, FL 33410.
Contact: [email protected]
Important: CimaSystem is a health & wellness software platform. We provide tools that help patients and providers manage information, order labs and supplements, and create nutrition/care plans. CimaSystem does not provide medical care and is not a substitute for professional medical advice, diagnosis, or treatment. In an emergency, call 911 (or your local emergency number).
1) Acceptance of these Terms
By creating an account, accessing, or using CimaSystem (“Service”), you agree to these Terms of Service (the “Terms”) and our Privacy Policy. If you use the Service on behalf of a clinic or organization, you represent that you are authorized to bind that entity; “you” includes that entity.
2) Eligibility
You must be at least 18 years old (or the age of majority where you live) to use the Service. If you are a provider or staff user, you must hold all licenses and certifications required to deliver services in your jurisdiction.
3) Accounts & Security
- You are responsible for the confidentiality of your credentials and for all activity under your account.
- You agree to keep account information accurate and to notify us immediately of any unauthorized use.
- We may require multi‑factor authentication and may disable accounts that violate these Terms or present risk to the Service or other users.
4) Subscriptions, Fees & Billing
- Plans & Fees. Some features require a paid subscription. Fees, billing intervals, and taxes are shown at checkout and/or on the pricing page.
- Payment Processor. We use third‑party processors (e.g., Stripe). Your payment information is handled by them under their terms.
- Renewals & Cancellations. Subscriptions renew automatically until canceled. You may cancel at any time; your access continues through the end of the paid term.
- Trials & Promotions. Trial periods or promotions may be offered from time to time and are subject to change.
- Refunds. Except where required by law, fees are non‑refundable once the billing period begins.
- Changes. We may change pricing upon notice for subsequent terms.
5) No Medical Advice; Not an Emergency Service
- Content in the Service—including nutritional plans, educational materials, or lab references—is for informational purposes only and does not constitute medical advice. Always consult a qualified professional.
- The Service is not intended for time‑critical or emergency communications.
6) Labs, Supplements & Third‑Party Services
- The Service may enable ordering or management of lab tests and supplements through third parties (e.g., Rupa Health, Bodysite, Fullscript, and Professional Formulas). Orders, collections, payments, fulfillment, and results may be provided by those third‑party labs or pharmacies under their terms.
- We do not control third‑party services, are not responsible for their acts or omissions, and do not practice medicine.
- You authorize us to exchange necessary data with such third parties to provide the Service; see the Privacy Policy for details.
7) Provider Responsibilities (If Applicable)
If you are a provider or clinic user:
- You are solely responsible for your clinical decisions, compliance with licensing and scope of practice, and for obtaining valid patient consent.
- You must configure the Service consistent with professional standards and applicable law (e.g., documentation, record retention).
- You may not rely solely on automated outputs for diagnosis or treatment.
8) User Content & PHI
- You may upload or enter content, including personal information or health information (collectively, “User Content”). You retain ownership of your User Content.
- You grant us a limited license to host, process, transmit, and display User Content solely to operate and improve the Service.
- Do not upload content you do not have rights to or that violates law or these Terms.
9) Prohibited Uses
You may not:
- Use the Service for unlawful, deceptive, or fraudulent purposes.
- Attempt to access data without authorization, probe or scan systems, or interfere with the Service.
- Upload malicious code or violate others’ privacy or intellectual property.
- Use the Service to generate or disseminate content that could cause harm or be reasonably interpreted as medical advice without a qualified professional’s oversight.
10) Intellectual Property
The Service, including software, interfaces, content, and branding, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited rights expressly granted, we reserve all rights.
11) Feedback
If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty‑free license to use it without obligation.
12) Confidentiality; HIPAA Alignment
- We treat personal information as described in the Privacy Policy.
- HIPAA. If you are a Covered Entity or Business Associate under HIPAA and require a Business Associate Agreement (BAA), we will execute a BAA covering the handling of Protected Health Information (PHI) within the Service. Unless and until a BAA is in place, you agree not to upload PHI to features not designated for PHI.
- We do not provide legal advice and make no representation that your particular use is compliant without appropriate configuration and agreements.
13) Beta or Preview Features
We may offer pre‑release or experimental features. They are provided “as is,” may change or end at any time, and may be subject to additional terms.
14) Availability; Support; Modifications
We aim for high availability but do not guarantee uninterrupted Service. We may modify, suspend, or discontinue features at any time with or without notice. Support channels and response times are described on our website.
15) Termination
You may stop using the Service at any time. We may suspend or terminate access for violation of these Terms, risk to the Service, non‑payment, or as required by law. Upon termination, your license ends and we may deactivate your account subject to retention obligations described in the Privacy Policy.
16) Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
17) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
18) Indemnification
You agree to indemnify and hold us harmless from claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the Service, violation of these Terms, or infringement of others’ rights.
19) Governing Law; Dispute Resolution
These Terms are governed by the laws of [Florida, USA], without regard to conflicts of law. The exclusive venue for disputes is in the state or federal courts located in [Palm Beach County, Florida].
Optional Arbitration Clause (remove if not desired): Any dispute arising under these Terms will be resolved by binding arbitration on an individual basis under the rules of [American Arbitration Association]; class actions are waived. Judgment on the award may be entered in any court of competent jurisdiction.
20) Export & Sanctions
You must comply with applicable export control and sanctions laws and may not use the Service if you are subject to relevant government sanctions.
21) Changes to these Terms
We may update these Terms from time to time. Material changes will be noticed by posting to the Service and updating the “Effective date.” Your continued use after the effective date constitutes acceptance.
22) Contact
Questions about these Terms: [email protected]