Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the LumaChart platform and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Services.

LumaChart ("we," "us," or "our") provides cloud-based electronic medical records and practice management software designed for healthcare providers.

2. Description of Services

The Services include, but are not limited to:

• Electronic medical records management and clinical documentation
• Patient scheduling and appointment management
• Billing and invoice generation
• Secure messaging between clinical staff, patients, and authorized third parties
• Patient intake questionnaires and consent forms
• Attorney portal for authorized legal representatives
• Text message (SMS/MMS) and email notifications

3. Eligibility & Account Registration

The Services are intended for use by licensed healthcare providers, their authorized staff, and authorized third parties (such as attorneys). By registering for an account, you represent that:

• You are at least 18 years of age
• You have the authority to bind yourself or your organization to these Terms
• The information you provide during registration is accurate and complete
• You will maintain the security of your account credentials

You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

4. HIPAA & Protected Health Information

LumaChart processes Protected Health Information ("PHI") on behalf of healthcare provider customers as a Business Associate under the Health Insurance Portability and Accountability Act ("HIPAA"). Our use of PHI is governed by the Business Associate Agreement executed between LumaChart and each healthcare provider, as well as applicable federal and state law.

You agree not to use the Services in any manner that would violate HIPAA or any other applicable health information privacy law.

5. Text Messaging Program

5.1 Program Name

LumaChart Healthcare Notifications

5.2 Program Description

LumaChart enables healthcare providers to send transactional text messages (SMS/MMS) to patients and authorized users for healthcare-related communications. Messages may include appointment reminders, scheduling confirmations, intake questionnaire links, consent form requests, billing notifications, and secure message alerts.

Users opt in to receive SMS messages through explicit consent capture workflows such as in-clinic intake or registration forms (including tablet workflows), clinic-provided digital intake forms, signed consent packet authorization forms, or by enabling SMS notifications in account settings. The consent control is not pre-checked, consent is documented by the clinic, and consent can be withdrawn at any time.

5.3 Message Frequency

Message frequency varies based on your interactions with your healthcare provider. You may receive messages related to upcoming appointments, outstanding questionnaires, consent forms, and secure inbox notifications. Typical frequency is 1–5 messages per appointment or clinic visit.

5.4 Message & Data Rates

Standard message and data rates may apply depending on your mobile carrier plan. We are not responsible for any charges imposed by your mobile carrier.

5.5 Opt-Out

You may opt out of receiving text messages at any time by replying STOP to any message. After opting out, you will receive a single confirmation message and no further text messages will be sent unless you re-consent. You may also contact your healthcare provider to update your communication preferences.

5.6 Help

For assistance with text messaging, reply HELP to any message or contact your healthcare provider directly.

5.7 Supported Carriers

The text messaging service is supported by major US carriers. Carriers are not liable for delayed or undelivered messages.

5.8 No Sharing of Opt-In Data

Text messaging consent and opt-in data will not be shared with or sold to third parties or affiliates for marketing purposes.

6. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Access or attempt to access another user's account without authorization
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to reverse-engineer, decompile, or disassemble any part of the Services
• Use the Services to transmit malicious code, spam, or unsolicited communications
• Share, sell, or transfer your account credentials to any third party
• Use the Services in a manner that could damage, disable, or impair the platform

7. Intellectual Property

All content, features, and functionality of the Services — including software, design, text, graphics, and trademarks — are owned by LumaChart or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose. This license does not include the right to copy, modify, distribute, or create derivative works based on the Services.

8. Data Ownership

You retain ownership of all data you enter into the Services, including patient records and clinical documentation. LumaChart does not claim ownership of your data. We use your data solely to provide and improve the Services, as described in our Privacy Policy and applicable Business Associate Agreements.

9. Service Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. We may temporarily suspend access for maintenance, updates, or security purposes. We will make reasonable efforts to provide advance notice of planned downtime.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LumaChart does not provide medical advice, diagnosis, or treatment. The Services are tools for healthcare providers to manage their practice. All clinical decisions remain the sole responsibility of the treating healthcare provider.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LumaChart AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

12. Indemnification

You agree to indemnify and hold harmless LumaChart, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Services at any time for violation of these Terms or for any other reason with reasonable notice. Upon termination, your right to use the Services ceases immediately. We will make commercially reasonable efforts to allow you to export your data prior to termination, in accordance with applicable law and our data retention obligations.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Texas.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the Services or by other appropriate means. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Information

If you have questions about these Terms, please contact us: