1. Acceptance of Terms
By accessing or using the services provided by ETC Solutions LLC (“ETC Solutions,” “we,” “our,” or “us”), including any of our websites, platforms, or data analytics tools (“Services”), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these terms, you are not permitted to access or use our Services.
These Terms apply to all users, including pharmacy clients, healthcare providers, authorized personnel, and third-party users authorized through contractual relationships.
2. Services Provided
ETC Solutions LLC provides pharmacy data analytics services, which may include:
• Processing and analysis of prescription and dispensing data
• Reporting on medication adherence, prescribing trends, and operational performance
• Secure hosting of pharmacy-related information
• Integration support with third-party systems
Our Services are designed to support healthcare operations, not to replace professional medical judgment or regulatory compliance.
3. Eligibility
You may use our Services only if you are:
• Authorized to act on behalf of a licensed pharmacy, healthcare provider, or healthcare organization
• At least 18 years old and legally capable of entering into binding contracts
• Compliant with all relevant privacy and data protection laws, including HIPAA, as applicable
4. Data Ownership and Use
a. Client Data
You retain ownership of all data you provide to us, including but not limited to patient, provider, and pharmacy information (“Client Data”). We process this data solely for the purpose of delivering our contracted services.
b. De-identified Data
We may de-identify Client Data in accordance with HIPAA standards. De-identified data may be used for benchmarking, service improvement, or research purposes, provided it does not identify any individual or client.
5. Privacy and Security
Our use of your data is governed by our Privacy Statement and applicable Business Associate Agreements. We implement administrative, technical, and physical safeguards to protect your data.
You are responsible for maintaining the confidentiality of access credentials and ensuring that only authorized personnel use the Services.
6. Acceptable Use
You agree not to:
• Use the Services for any unlawful or unauthorized purpose
• Attempt to access or extract data not intended for you
• Reverse-engineer, modify, or copy any part of our software or tools
• Transmit viruses, malware, or other harmful code
• Violate HIPAA, HITECH, or any applicable privacy regulations while using our Services
We reserve the right to suspend or terminate your access if you violate this section.
7. Intellectual Property
All intellectual property rights in our Services—including software, algorithms, user interfaces, and content—remain the exclusive property of ETC Solutions LLC or its licensors. You are granted a non-exclusive, non-transferable license to use the Services solely for internal business purposes.
8. Disclaimers
Our Services are provided on an “as-is” and “as-available” basis without warranties of any kind. We do not guarantee that the Services will be error-free, uninterrupted, or suitable for any particular clinical or financial outcome.
We are not liable for decisions made based on the analysis provided by our platform or tools.
9. Limitation of Liability
To the fullest extent permitted by law, ETC Solutions LLC shall not be liable for any indirect, incidental, consequential, or punitive damages, including lost profits, data loss, or business interruption, arising out of or related to the use of our Services.
Our total liability shall not exceed the fees paid by you in the 12 months preceding the incident giving rise to the claim.
10. Termination
We may terminate or suspend access to our Services at any time for violation of these Terms or applicable laws. Upon termination, you must cease all use of the Services, and we may delete or anonymize your data unless legally obligated to retain it.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Hudson County, NJ.
12. Changes to Terms
We may update these Terms from time to time. Any material changes will be communicated to users, and continued use of our Services after changes are posted constitutes acceptance of the revised Terms.