End User Agreement
GAZAM, INC. END USER LICENSE AGREEMENT (EULA), Terms of service, and Privacy Policy.
Welcome to Gazam! We are thrilled to partner with you. This EULA is a binding agreement between you (whether you are an individual user, medical provider, attorney, consultant, authorized reseller, or international user) and Gazam, Inc., a Florida corporation. By accessing, installing, or using the Gazam software platform (the "Software Product"), you are agreeing to these terms.
1. Grant of License and Scope of Use We want you to get the most out of Gazam. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Software Product strictly in accordance with this agreement. This platform is designed for a wide variety of professionals worldwide. However, you may not decompile, reverse-engineer, disassemble, modify, or create derivative works of the Software Product. You may not reproduce the database portion or bypass any of our security measures.
2. Resellers and White-Label Partners We value our network of authorized resellers and white-label partners. If you are accessing or distributing the Software Product under such a relationship, your authorization to resell, distribute, or use white-labeled copies of the Software Product remains entirely at the sole discretion of Gazam. Gazam reserves the absolute right to cease, suspend, or terminate any reseller or white-label arrangement at any time, for any reason, with or without notice.
3. Customer Data, Protected Health Information (PHI), and Seamless Onboarding Whether you are building your practice from the ground up or transitioning from another system, we want to make your experience with Gazam as smooth as possible while ensuring the highest levels of security for your sensitive data. You grant Gazam, Inc. a limited, non-exclusive, worldwide, royalty-free license to access, copy, transmit, store, process, and use your data, explicitly including any Protected Health Information (PHI) and other sensitive records, strictly to:
(i) Provide the Software Product, hosting, and related services for your daily operations.
(ii) Perform seamless data migration from your legacy systems to the Gazam platform (if applicable).
(iii) Fulfill our obligations to you and perform necessary upgrades, bug fixes, and maintenance.
We are fully committed to the secure handling of federal health data. Gazam implements appropriate physical, technical, and administrative safeguards to prevent the unauthorized use or disclosure of PHI. To ensure your onboarding is fast and uninterrupted, this Agreement serves as the comprehensive and controlling framework for the secure transfer, creation, and safeguarding of all your protected data. By accepting this EULA, both parties agree that the privacy, security, and breach reporting obligations established herein fully satisfy all federal health information privacy mandates. Consequently, this section acts as, and fully substitutes for, any separate Business Associate Agreement (BAA). Upon termination, we will securely return or destroy your PHI as required by applicable regulations or your written direction.
4. Platform Enhancement and Analytics To continuously improve the Gazam experience and build smarter tools for our community, we may aggregate and anonymize your data. Once data is stripped of any identifying information or PHI, it is no longer considered protected data. You agree that Gazam retains all rights, title, and interest in this aggregated and anonymized data, and we may use it freely to enhance platform features, analyze industry trends, and optimize our services.
5. Fees, Taxes, Uninterrupted Service, and Adjustments By utilizing the Software Product, you agree to our standard payment terms, billing cycles, and any applicable subscription costs. To ensure you never experience a gap in your service or lose access to your critical data, your subscription will automatically renew at the end of each billing cycle. If you ever need to transition away from Gazam, simply provide us with written notice at least sixty (60) days prior to your next renewal date.
To keep our base pricing as competitive as possible, our fees do not include local, state, federal, or international taxes, levies, or duties. You are fully responsible for paying any such taxes associated with your use of Gazam. Furthermore, to ensure we can always deliver top-tier innovation, our fees are subject to adjustment at any time. We may update these costs by posting the new rates to the Gazam website, your billing portal, or via email. Your continued use of the platform following any such update constitutes your full agreement to the new rates.
6. Collaborative Network Transactions and Independent Fees Gazam provides a thriving network where independent professionals—including consultants, attorneys, and medical providers—can seamlessly connect with and offer services to other users. To make these collaborations effortless, any fees charged between users on the Gazam network, or fees charged by authorized resellers, are processed and automatically routed through our designated third-party merchant provider.
Because we want to empower you to run your business exactly as you see fit, Gazam does not dictate, monitor, or control the fees set by these independent professionals or resellers. As a result, Gazam assumes absolutely no legal liability or responsibility for any rates, charges, fee splits, or payment disputes arising from transactions between users, or between users and resellers. By participating in this network, you agree to fully indemnify, defend, and hold Gazam completely harmless from any and all claims, refunds, liabilities, or disputes related to fees charged by any third party on the platform.
7. Account Optimization and Integrity To ensure you are receiving the best possible performance and are on the correct tier for your organization's size, Gazam periodically reviews account usage and login activity. If we determine that your usage exceeds your licensed limits or that credentials are being shared improperly, we reserve the right to automatically optimize your account by upgrading it to the appropriate billing tier to reflect your actual usage, applied to your next billing cycle.
8. Account Health and Security Pause Your data security and system integrity are our highest priorities. If an account falls out of good standing regarding payment, Gazam reserves the right to temporarily pause or suspend access to the Software Product to protect the system's operational integrity until the outstanding balance is fully resolved.
9. Community-Driven Innovation We love hearing your ideas! If you provide us with any feedback, suggestions, or feature requests regarding the Software Product, you generously grant Gazam a perpetual, irrevocable, royalty-free, and worldwide right to use, implement, and modify those ideas without any obligation or compensation to you.
10. Partner Showcase We are incredibly proud of the professionals who use our platform. To help celebrate our community's success, you kindly grant Gazam the right to use your company's name and logo in our promotional materials, website, and partner showcases. We always want you to feel entirely comfortable, so if you prefer to keep your success private, you may simply send us a written request via email at any time to opt out of this showcase, and we will happily update our records.
11. Unified Agreement, Priority, and Updates To keep your paperwork simple, any migration agreements, service orders, or onboarding documents you sign with us are automatically governed by and fully incorporate the terms of this EULA. By executing any such document, you are concurrently confirming your full agreement to this overarching EULA. Gazam reserves the right to modify, update, or amend this EULA at any time. The most current version will always supersede any prior versions, and the terms of this EULA shall take absolute priority over any other agreements, written or verbal, between you and Gazam.
12. Global Community Standards As part of our international network, you are responsible for complying with all applicable local and international laws regarding the use and export of software, including all United States export control laws and economic sanctions.
13. Commitment to Continuity (Force Majeure) While we are dedicated to providing seamless service, Gazam shall not be held liable for any delays, outages, or failures in performance caused by circumstances entirely beyond our reasonable control, such as acts of nature, internet backbone failures, third-party cloud infrastructure or hosting outages, or government mandates.
14. Disclaimer of Warranties and Limitation of Liability UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GAZAM, GAZAM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Gazam makes no warranty that the Software Product will meet your exact requirements or operate under your specific conditions securely, error-free, or without interruption. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.
UNDER NO CIRCUMSTANCES SHALL GAZAM, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES, PROFITS, OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT OR THE USE OF THE SOFTWARE PRODUCT, EVEN IF GAZAM IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS GAZAM'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
15. Limitation of Remedies Your sole remedy for a breach of this Agreement by Gazam is the correction or replacement of the Software Product, selected solely at Gazam's discretion. If a replacement is unavailable, your sole alternate remedy shall be a refund of the purchase price, exclusive of shipping and handling.
16. Collaborative Dispute Resolution, Indemnification, and Costs We value our relationship with our users and prefer to resolve any misunderstandings privately and efficiently. To keep our relationship moving forward productively, any claim or cause of action arising out of this Agreement must be filed within one (1) year after the claim arose, or it is forever barred. You agree that any dispute shall be resolved exclusively through binding, individual arbitration, and you waive any right to participate in a class action lawsuit or class-wide arbitration.
You agree to fully indemnify, defend, and hold harmless Gazam from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement, your use of the Software Product, or your acts and omissions. To help us maintain the lowest possible costs for our user community, if Gazam is the prevailing party in any dispute, you agree to fully reimburse Gazam for all reasonable attorney’s fees, arbitration costs, court costs, and related expenses. If you are the prevailing party, each party shall bear its own attorney's fees and costs.
17. Governing Law and Severability This Agreement is governed by the laws of the State of Florida, without regard to its conflict or choice of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law.
GAZAM, INC. TERMS OF SERVICE
Welcome to the Gazam community! We are so glad you are here. These Terms of Service ("Terms") outline the guidelines for participating in our network. By using our platform, you agree to these friendly rules of the road, which work hand-in-hand with our EULA.
1. Fostering a Positive Community (Acceptable Use) We built Gazam to be a powerful, supportive tool for professionals. To keep the platform running smoothly for everyone, you agree to use our services only for lawful purposes. You kindly agree not to use the platform to distribute spam, upload harmful code or viruses, or attempt to gain unauthorized access to our systems or the accounts of other users.
2. Protecting Your Digital Workspace (Account Security) Your security is incredibly important to us. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. If you ever suspect your account has been compromised, please let us know immediately so we can help secure it. Gazam cannot be held liable for any loss or damage arising from your failure to safeguard your login information.
3. Respecting Innovation (Intellectual Property) We have poured our hearts into building Gazam for you. The platform, including its original content, features, design, and functionality, is owned entirely by Gazam, Inc. and is protected by international copyright, trademark, and intellectual property laws. You agree not to copy, scrape, or reproduce our platform's unique look and feel or underlying technology.
4. Ensuring a Healthy Ecosystem (Suspension and Termination) We want to keep the Gazam ecosystem healthy and productive for all our dedicated users. We reserve the right, at our sole discretion, to suspend or terminate your account and access to the platform at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or the EULA.
GAZAM, INC. PRIVACY POLICY
At Gazam, your trust is our top priority. We know that as a professional, you handle sensitive information every day. This Privacy Policy explains how we collect, use, and safeguard your information with the utmost care so you can focus on growing your business.
1. Information We Lovingly Collect To provide you with a seamless and personalized experience, we collect information in a few standard ways. We collect the information you voluntarily provide to us when you create an account, update your profile, or reach out to our support team. We also automatically collect certain technical information when you use the platform, such as your IP address, browser type, and usage patterns, so we can ensure the software is running flawlessly for you.
2. How We Use Your Information to Serve You Better We use your information exclusively to make your Gazam experience better. This includes:
Providing, maintaining, and continually improving our platform features.
Processing your transactions efficiently and securely.
Sending you friendly administrative messages, technical notices, and security alerts.
Aggregating and anonymizing usage trends to build smarter, faster tools for the entire Gazam community. (As noted in our EULA, once data is fully anonymized, it is no longer considered personal or protected information).
3. Keeping Your Data Within Our Trusted Circle (Information Sharing) We do not sell your personal information. We only share your information in highly specific, necessary situations to keep the platform running. This includes sharing with trusted third-party service providers (like our secure cloud hosting and payment processors) who assist us in operating our platform. We may also disclose information if required to do so by law, or in the event of a business transfer, such as a merger or acquisition, to ensure your service continues without interruption.
4. Our Commitment to Health Data (PHI and HIPAA) We take the protection of healthcare data incredibly seriously. As fully detailed in Section 3 of our EULA, Gazam utilizes industry-standard physical, technical, and administrative safeguards to protect your Protected Health Information (PHI). Our overarching EULA serves as the governing framework and comprehensive Business Associate Agreement (BAA) for all such data, ensuring your practice remains entirely compliant and secure.
5. Updates to Our Privacy Practices As technology evolves, we may occasionally update this Privacy Policy to ensure we are always providing you with the best possible protection. We will quietly reflect those updates on this page. Your continued use of Gazam after any changes means you are completely comfortable with the updated practices.