Terms of Service

Last Updated: May 1, 2025

1. Acceptance of Terms

Welcome to Auditable.cloud. These Terms of Service ("Terms") govern your access to and use of Auditable.cloud and its related services including calls.guru, ptc.guru, soa.guru, and intakeIQ.app (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and GTQ LLC, the owner and operator of Auditable.cloud ("Company," "we," "our," or "us").

2. Description of Services

Auditable.cloud provides HIPAA-compliant storage and auditing services for insurance agents and healthcare organizations, including:

  • Secure storage of call recordings (calls.guru)
  • Permission-to-contact tracking and management (ptc.guru)
  • Scope-of-appointment compliance documentation (soa.guru)
  • Digital HIPAA-compliant forms and intake processes (intakeIQ.app)

The Services are designed to help users comply with various healthcare regulations, including HIPAA and CMS requirements. However, use of our Services does not guarantee compliance, and users remain responsible for ensuring their own compliance with applicable laws and regulations.

3. Account Registration and Security

To access certain features of the Services, you must create an account. When you register, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

  • Create a strong password and keep it confidential
  • Restrict access to your account to authorized users only
  • Notify us immediately of any unauthorized access or use of your account
  • Ensure that you log out from your account at the end of each session
  • Take responsibility for all activities that occur under your account, whether or not you authorized such activities

4. Subscription and Payment

Access to the Services requires a paid subscription. Subscription fees are billed in advance on a monthly, annual, or multi-year basis, depending on the subscription plan you select. All fees are non-refundable except as expressly provided in these Terms or as required by applicable law.

We may change our subscription fees at any time. If we increase fees for your subscription plan, we will provide notice at least 30 days before the change takes effect. By continuing to use the Services after a fee change, you agree to pay the updated fees.

5. User Responsibilities and Restrictions

You agree not to:

  • Use the Services in any way that violates applicable laws or regulations, including HIPAA and other healthcare privacy laws
  • Upload, transmit, or distribute any content that infringes intellectual property rights or violates privacy rights
  • Use the Services to store or transmit malicious code, or to engage in any activity that interferes with the operation of the Services
  • Attempt to gain unauthorized access to the Services or related systems or networks
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission
  • Use the Services in a manner that exceeds reasonable usage limits or constitutes excessive use of system resources

6. HIPAA Compliance and Business Associate Agreement

If you are a Covered Entity or Business Associate under HIPAA and you use our Services to create, receive, maintain, or transmit Protected Health Information (PHI), you must enter into a Business Associate Agreement (BAA) with us. The BAA will govern our respective obligations with respect to PHI.

You are responsible for ensuring that your use of the Services complies with HIPAA and other applicable healthcare regulations. This includes obtaining necessary consents and authorizations before uploading PHI to the Services.

7. Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes, subject to these Terms. This license does not include the right to copy, modify, distribute, sell, lease, or sublicense the Services or any content therein.

8. Data Ownership and Use

You retain all rights to the data you upload to the Services. By using the Services, you grant us a limited license to store, process, and display your data solely for the purpose of providing the Services to you.

We may use aggregated, anonymized data derived from your use of the Services for improving our Services, developing new features, and for other business purposes. Such aggregated data will not identify you or your clients.

9. Termination

You may terminate your account at any time by following the instructions on our website or by contacting us. Upon termination, your right to access and use the Services will immediately cease.

We may terminate or suspend your account and access to the Services at any time, with or without cause, and with or without notice. Causes for termination may include, but are not limited to:

  • Violation of these Terms
  • Failure to pay subscription fees
  • Engaging in fraudulent or illegal activities
  • Using the Services in a manner that could harm other users or the Company

Upon termination, we will provide you with an opportunity to export your data, subject to applicable laws and our data retention policies.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your violation of any applicable laws or regulations.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in [County], [State].

Any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15. Contact Information

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

Email: legal@auditable.cloud
Address: 123 Compliance Way, Suite 200, Healthcare City, HC 12345
Phone: (555) 123-4567