End User License Agreement

This End User License Agreement (the “EULA”) is a legal agreement between you, the individual accessing the Service, and SettleTrack LLC (“SettleTrack™”, “we”, “us”). It governs your use of the SettleTrack Letter of Protection (LOP) case management platform and the settletrack.io website (together, the “Service”). By logging in to or otherwise using the Service you accept this EULA. If you use the Service on behalf of an organization, that organization's agreement with SettleTrack — including our Terms of Service — also applies; where a signed customer agreement conflicts with this EULA, the customer agreement controls with respect to the Customer's commercial terms; however, individual user obligations regarding security, PHI handling and acceptable use under this EULA remain in effect.

1. Definitions

• “Customer”: the organization (such as a law firm, ER facility or notary business) that has an agreement with SettleTrack and through which your account is provisioned.
• “Authorized User”: an individual provisioned with an account by a Customer's administrator, acting under an assigned role.
• “Customer Data”: information entered into the Service by or on behalf of a Customer, including case records and documents.
• “PHI”: protected health information as defined by the Health Insurance Portability and Accountability Act (HIPAA).
• “Documentation”: guides, help content and other materials we make available describing the Service.

2. License grant

Subject to this EULA and the applicable customer agreement, SettleTrack grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the hosted Service and Documentation, solely for the Customer's internal business purposes, solely through the role and permissions assigned to you, and solely during the Customer's active subscription term. No other rights are granted, whether by implication, estoppel or otherwise.

3. Scope of use and roles

• Access to the Service is role-based (for example case manager, front desk, billing team, notary team, LOP supervisor, or view-only referral partner). You may use the Service only within the permissions of your assigned role and organization.
• Accounts are personal to the named Authorized User and may not be shared, pooled or transferred.
• You may use the Service only in connection with genuine cases and records you are authorized to work on.

4. Restrictions

You must not, and must not permit anyone else to:

• Copy, modify, adapt, translate or create derivative works of the Service or Documentation;
• Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, structure or underlying ideas of the Service, except to the extent such restriction is prohibited by law;
• Rent, lease, lend, sell, resell, sublicense, distribute or otherwise make the Service available to any third party except as expressly agreed in writing with SettleTrack;
• Use automated means (bots, crawlers, scrapers) to access the Service or harvest data from it;
• Circumvent or attempt to circumvent authentication, role-based access controls, session limits, rate limits or any other security or usage control;
• Probe, scan or test the vulnerability of the Service without our prior written authorization;
• Upload malicious code or interfere with the integrity or performance of the Service;
• Access the Service to build, or assist a third party in building, a competing product;
• Remove or obscure any proprietary notices;
• Use the Service in violation of any applicable law or regulation, including HIPAA.

5. Accounts and credentials

• You must keep your credentials confidential and use reasonable measures to prevent unauthorized use of your account.
• You are responsible for all activity under your account (except to the extent directly caused by a verified security breach of SettleTrack's systems) and must notify your organization's administrator and SettleTrack promptly of any suspected compromise.
• Sessions time out automatically after inactivity; do not attempt to defeat these controls or leave authenticated sessions unattended on shared devices.

6. PHI and HIPAA obligations

The Service is used to manage personal injury cases that involve PHI. Where a Customer's use of the Service involves PHI, SettleTrack acts as a business associate under an executed Business Associate Agreement (BAA) with that Customer, as described in our HIPAA Notice. As an Authorized User you agree to:

• Access only the minimum PHI necessary for your role and task;
• Never export, copy, disclose or use PHI outside the authorized workflows of your organization;
• Follow your organization's HIPAA policies and workforce training requirements;
• Report any suspected impermissible use or disclosure of PHI to your organization and to SettleTrack within twenty-four (24) hours of discovery.

Each Customer remains responsible for its own HIPAA compliance program; the Service supports, but does not replace, those obligations.

7. Intellectual property

The Service, Documentation, and all related software, designs, interfaces, logos and content (excluding Customer Data) are and remain the exclusive property of SettleTrack LLC and its licensors, and are protected by intellectual property laws. SettleTrack™ and the SettleTrack logo are trademarks of SettleTrack LLC. This EULA does not transfer any ownership rights to you. The Customer retains all rights to Customer Data, as set out in the Terms of Service.

8. Customer Data and feedback

• Responsibility for the accuracy and lawful entry of Customer Data rests with the Customer and its Authorized Users.
• We access Customer Data only to provide and support the Service, to comply with law, or as instructed by the Customer, and we may use aggregated, de-identified data (which is not considered Customer Data) to operate, improve and develop the Service and for industry analysis. How we handle personal information is described in our Privacy Policy.
• If you submit suggestions or feedback about the Service, you hereby assign to SettleTrack all right, title and interest in such feedback, and SettleTrack may use it without restriction or obligation to you; feedback must never include PHI.

9. Third-party services

The Service relies on third-party infrastructure providers (such as cloud hosting, file storage and transactional email delivery) that process data under appropriate contractual safeguards, including BAAs where PHI may be handled. Public forms on the website use Google reCAPTCHA, which is subject to Google's own terms and privacy policy. SettleTrack is not responsible for the acts, omissions, outages or failures of any third-party service provider or for third-party websites linked from the Service.

10. Updates and modifications to the Service

Because the Service is hosted, we may update, enhance or modify it from time to time — including security patches, new features and interface changes — without any action required on your part. Updates are covered by this EULA. We will not materially reduce the core functionality of the Service (as described in the applicable service description or order form) during a Customer's subscription term except as provided in the applicable customer agreement.

11. Term, suspension and termination

• This EULA is effective from the later of the effective date stated above or your first use of the Service, and continues until your access is terminated.
• Your access ends automatically when the Customer's subscription ends, when the Customer's administrator deactivates your account, or when your role no longer requires access.
• We may suspend or terminate your access immediately for breach of this EULA, misuse of PHI, attempts to compromise security, the Customer's material breach of its agreement with SettleTrack (including nonpayment), or where required by law.
• Upon termination your right to access the Service ceases. Handling of Customer Data after termination — including export and deletion — is governed by the Terms of Service and the applicable customer agreement.
• Sections that by their nature should survive (including intellectual property, restrictions, disclaimers, limitation of liability, indemnification and governing law) survive termination.

12. Disclaimers

Except as expressly stated in a signed customer agreement, the Service and Documentation are provided “AS IS” and “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free.

13. Limitation of liability

To the maximum extent permitted by law, SettleTrack will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue or data, arising from or related to this EULA or the use of the Service. Our total liability for any claim arising under this EULA will not exceed the amounts paid by the Customer (or, if you are the Customer, by you) for the Service in the twelve months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is greater, consistent with the Terms of Service.

14. Indemnification

To the extent permitted by law and not otherwise addressed in a customer agreement, you agree to indemnify, defend and hold harmless SettleTrack from claims, damages and reasonable costs arising out of your breach of this EULA, your misuse of the Service, or your violation of applicable law — including unauthorized access to or disclosure of PHI — except to the extent caused by SettleTrack's own breach of its obligations. SettleTrack may, at its option, assume exclusive control of the defense of any indemnified claim, and you agree to cooperate with such defense.

15. Export and legal compliance

The Service is operated from and directed to the United States. You may not access or use the Service in violation of United States export control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction, are not on any restricted-party list, and will not provide access to the Service or any data obtained through it to any person or entity subject to such restrictions. You are responsible for complying with all laws applicable to your use of the Service.

16. Governing law and disputes

This EULA is governed by the laws of the United States and, to the extent state law applies, the State of Texas (or the state specified in the applicable customer agreement, if different), without regard to conflict-of-law principles, consistent with our Terms of Service. Disputes will be resolved in the state or federal courts located in Texas (or the forum specified in the applicable customer agreement, if different).

17. Changes to this EULA

We may update this EULA from time to time. Material changes will be posted on this page with an updated effective date and will take effect thirty (30) days after posting; continued use of the Service after changes take effect constitutes acceptance.

Contact us

Questions about this EULA? Email support@settletrack.io. See also our Terms of Service, Privacy Policy and HIPAA Notice.