Current as of January 8th, 2026
These Terms and Conditions ("Terms") govern access to and use of the web-based software platform and related services (the "Software") provided by EMPOWERX, INC (DBA VISITS) ("Company," "we," "us," or "our"). The Software supports pharmacy electronic health records and may process, store, or transmit electronic protected health information ("ePHI").
By accessing or using the Software, you agree to be bound by these Terms. If you do not agree, you may not use the Software.
You represent and warrant that:
The Software is intended to support pharmacy operations, including electronic health records, subject to these Terms and any applicable service order, subscription agreement, or statement of work (collectively, the "Agreement").
We do not provide medical, clinical, or legal advice. Customer retains sole responsibility for compliance with all healthcare, pharmacy, and privacy laws.
The Software is designed to support compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA").
To the extent the Company qualifies as a "Business Associate" under HIPAA, the parties must enter into a separate Business Associate Agreement ("BAA"). In the event of a conflict between these Terms and the BAA, the BAA will control with respect to ePHI.
Customer is responsible for:
You are responsible for safeguarding login credentials and all activity occurring under your account. You must notify us immediately of any unauthorized access or suspected security incident.
You agree not to:
Customer retains all rights, title, and interest in data submitted to the Software, including ePHI ("Customer Data").
Customer grants the Company a limited, non-exclusive license to process Customer Data solely to provide and improve the Software, subject to these Terms and the BAA.
We may use de-identified and aggregated data for analytics, benchmarking, and product improvement, provided such data does not identify individuals.
We implement reasonable administrative, physical, and technical safeguards designed to protect Customer Data, including ePHI, in accordance with industry standards. However, no system is completely secure, and we do not guarantee absolute security.
We strive to maintain high availability but do not guarantee uninterrupted access. Maintenance, updates, or unforeseen outages may occur. Support services, if any, are described in applicable service documentation.
If Customer fails to pay any undisputed fees when due, the Company will provide written notice of non-payment. Customer will have aseven (7) day grace period from the date of such notice to cure the non-payment.
If Customer fails to cure the non-payment within the grace period, the Company may suspend Customer’s access to the Software, provided that:
Suspension of access for non-payment does not terminate the BAA or relieve either party of its obligations with respect to ePHI. All HIPAA-related obligations survive any suspension and any termination of the Agreement.
If non-payment continues for a commercially reasonable period following suspension, the Company may terminate the Agreement in accordance with its terms. Upon termination, the return, retention, or deletion of Customer Data will be governed by the BAA and applicable law.
The Software, including all related intellectual property, is owned by the Company or its licensors. No rights are granted except as expressly stated in these Terms.
Each party agrees to protect the other party’s confidential information and use it only as permitted under the Agreement. ePHI is subject to the confidentiality obligations of the BAA.
These Terms remain in effect until terminated. Either party may terminate in accordance with the Agreement. Upon termination, access to the Software will cease, and data handling will occur as specified in the BAA and applicable law.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA OR PROFITS.
Customer agrees to indemnify and hold harmless the Company from claims arising out of Customer’s use of the Software, violation of these Terms, or failure to comply with applicable laws.
These Terms are governed by and construed in accordance with the laws of the United States and, to the extent not preempted by federal law, the laws of the state in which the Company is incorporated or has its principal place of business, without regard to conflict of law principles.
The Software is intended for use solely within the United States. Customer is responsible for complying with all applicable federal, state, and local laws, rules, and regulations, including but not limited to state pharmacy laws, privacy laws, breach notification laws, and professional practice requirements.
We may update these Terms from time to time. Continued use of the Software after changes become effective constitutes acceptance of the revised Terms.
This Data Processing Addendum ("DPA") applies to the extent the Company processes personal data that is not considered ePHI under HIPAA ("Non-HIPAA Data"), including but not limited to account information, user credentials, billing information, audit logs, and technical usage data.
For Non-HIPAA Data, Customer is the "Controller" and the Company is the "Processor" as those terms are defined under applicable U.S. state privacy laws, including but not limited to the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act ("CPRA"), the Virginia Consumer Data Protection Act ("VCDPA"), the Colorado Privacy Act ("CPA"), the Connecticut Data Privacy Act ("CTDPA"), and the Utah Consumer Privacy Act ("UCPA") (collectively, "State Privacy Laws").
The Company shall process Non-HIPAA Data solely for the purpose of providing, maintaining, securing, and improving the Software, in accordance with these Terms, documented Customer instructions, and applicable law.
The Company shall ensure that personnel authorized to process Non-HIPAA Data are subject to appropriate confidentiality obligations.
The Company shall implement reasonable administrative, technical, and physical safeguards designed to protect Non-HIPAA Data against unauthorized access, disclosure, or misuse.
Customer authorizes the Company to engage subprocessors to process Non-HIPAA Data, provided that the Company remains responsible for their compliance with this DPA and imposes data protection obligations consistent with this section.
To the extent required by applicable State Privacy Laws, the Company shall reasonably assist Customer in responding to verified consumer requests relating to Non-HIPAA Data, including requests to access, delete, or correct data.
Upon termination of the Agreement, the Company shall delete or return Non-HIPAA Data in accordance with its data retention policies, unless retention is required by law.
The Company may create and use de-identified or aggregated data derived from Non-HIPAA Data for lawful business purposes, provided such data cannot reasonably be re-identified.
In the event of a conflict between this DPA and the remainder of these Terms, this DPA shall control with respect to Non-HIPAA Data.
For questions regarding these Terms, please contact: