Contract Terms and Conditions

  1. TPR Media LLC d.b.a. UbiCare Communication Solutions that require personal patient information are provided in compliance with the privacy provisions of HIPAA.

  2. TPR Media LLC d.b.a. UbiCare owns the content and the communication dashboard, SmarteXp®, used to manage all content delivered through UbiCare and supplied to your healthcare institution for the express use, and stated period of time, as detailed in this agreement. Any further use beyond this is prohibited without the expressed written permission of UbiCare. All intellectual property and copyrights remain with TPR Media LLC d.b.a. UbiCare.

  3. In the event of licensed Concept/Content Development, TPR Media LLC d.b.a. UbiCare owns all intellectual property and copyrights to universal content. Your healthcare institution solely maintains rights to its proprietary information.

  4. Your healthcare institution may change or add to the content. TPR Media LLC d.b.a. UbiCare is not responsible, nor held liable, should a problem arise as a result of changes made to the content by your healthcare institution.

  5. Both your healthcare institution and TPR Media LLC d.b.a. UbiCare agree that the content they provide will not infringe on any rights of others, nor will they hold each other responsible for any violations with respect to content provided should infringements occur.

  6. Your healthcare institution is responsible for reading and responding to all secure messages from patients in a timely and appropriate manner. TPR Media LLC d.b.a. UbiCare will assist with technical issues, but client is responsible to read and respond to all non-technical questions. TPR Media LLC d.b.a. UbiCare is not responsible, nor held liable, should a problem arise as a result of any question or answer provided by your healthcare institution.

  7. Your healthcare institution and TPR Media LLC d.b.a. UbiCare acknowledge that what is put forth in this Licensing Agreement is the full extent of their agreement and of what TPR Media LLC d.b.a. UbiCare offers regarding the content, hosting, and maintenance of the product.

  8. TPR Media LLC d.b.a. UbiCare licensing agreement is a three-year (3-year) term with an automatic 3-year renewal at the end of the third (3rd) year that is subject to a 7% renewal rate increase. Your healthcare institution may terminate this Agreement at the end of the third year, or subsequent 3-year term, by sending written notice 90-days prior to expiration date to: 284 Amory St, G-101, Boston, MA 02130.

  9. In the event of non-renewal of the agreement, starting 90 days prior to termination date, your healthcare institution must follow all the deactivation procedures to notify patients and staff of the discontinuation. Your healthcare institution will be liable for payment, on a pro-rated basis, for each month the product is provided beyond contract expiration until all deactivation procedures are completed and product is deactivated.

  10. In the event of a material breach of this Licensing Agreement by one of the parties, and if this party is unable to remedy the problem within ninety (90) days, the non-breaching party may end this Agreement at its sole discretion.