ChartSwap Terms of Service – Requestors
Last Updated 05/30/2025
AGREEMENT
Welcome to ChartSwap. ChartSwap is a medical records transfer platform between a requestor of medical or billing records and a person or entity that owns or controls the requested records, designed to allow the secure transfer of records electronically. These Terms of Service (the “Agreement”) govern how you, as a requestor of records (submitted on behalf of yourself, your client, or your organization) (hereinafter, the “Requestor”) will use ChartSwap. When you click “I AGREE” upon creating an account, you agree to be bound by this Agreement. The Service is merely one way to connect requestors and providers electronically. If you do not want to be part of ChartSwap, then do not create an account, and instead deal directly with the provider of the records you are requesting.
1. ChartSwap Services
1.1 ChartSwap MRT
Enables direct requests to providers, payment of fees, tracking, and optional digital delivery of records.
1.2 CloudNetwork
Provides access to external providers; ChartSwap acts on behalf of the requestor to coordinate requests, payments, and downloads.
1.3 Record Copy Sales
Allows purchase of records previously obtained outside the ChartSwap platform.
1.4 Medical Canvassing
Searches treatment history by canvassing facilities in a geographic region.
1.5 Indexing by ChartSwap
Creates searchable, indexed, and bookmarked versions of previously obtained records.
1.6 Chronology by ChartSwap
Generates organized chronologies to support case analysis.
1.7 Medical Summary by ChartSwap
Provides a high-level overview of treatment providers, record types, and key medical events.
1.8 Transfer Portal
A web-based platform for submitting and tracking various types of records.
1.9 Rapid Clinical Summary Query
Identifies likely providers using ChartSwap’s proprietary tools, free with MRT orders.
1.10 The Service
Collectively, these offerings constitute the “Service.” ChartSwap does not control the records or act as agent for any Provider.
2. Representations About Requestor
Requestor represents it has authority to enter into the Agreement and that all information provided will be accurate and up-to-date.
3. Authorized Users
Requestor may permit employees or contractors to use the Service and is responsible for their compliance.
4. Records
ChartSwap disclaims ownership of records and makes no warranty as to their accuracy. Requestor certifies proper authorization for access.
5. Data Ownership
Requestor retains ownership of its data. ChartSwap may use it for service delivery, improvement, and aggregated analysis.
6. Confidentiality
All confidential or proprietary information shall be handled with care. Data may be processed through third-party systems like SFDC.
7. Custodian Fees
Fees are assessed by providers. ChartSwap merely facilitates the payment and disclaims any control over these charges.
8. Record Copy Sales
Vendors may charge for access to already-obtained records. Disputes should be resolved with the vendor, not ChartSwap.
9. Medical Canvassing Disclaimer
Results are not guaranteed. Fees are non-refundable even if no treatment data is found.
10. ChartSwap Technology
Describes access to the web portal, availability, notifications, document storage, and user compliance responsibilities.
11. ChartSwap Fees
11.1 Digital Delivery Fee
Nonrefundable fee for digital delivery services via ChartSwap MRT platform.
11.2 Mail Delivery Fee
Applies if records are received by mail instead of digital delivery.
11.3 CloudNetwork Fee
Charged at order initiation; refunded only if provider is unavailable to accept the request.
12. Payment Terms
Outlines timing, accepted payment methods, tax responsibility, and third-party processors.
13. Retrieval Network Orders
Automatically pays custodian fees up to $1,000 via the method on file.
14. Credit Card Authorization
Authorizes ChartSwap to securely store and use payment data. Removal is permitted upon request.
15. Custodian Fee Obligation
Requestor is liable for all unpaid fees. ChartSwap may seek collection or legal remedies.
16. Reservation of Rights
ChartSwap retains all rights not expressly granted. Feedback may be used without restriction.
17. Restrictions on Use
Use of the Service must comply with all laws. No reverse engineering, sublicensing, or unauthorized exploitation allowed.
18. Security Measures
ChartSwap may monitor use and restrict access for non-compliance.
19. Limitations on Availability
Service may not be available in all regions or jurisdictions.
20. Termination
ChartSwap or the Requestor may terminate access at any time. All access must cease upon termination.
21. Disclaimer of Warranties
Service and records are provided “as is.” ChartSwap disclaims all warranties to the maximum extent permitted by law.
22. Limitation of Liability
ChartSwap is not liable for indirect or incidental damages beyond $25 or the amount paid in the last six months.
23. Arbitration Agreement
All disputes shall be resolved via arbitration under Texas law using JAMS services.
24. Indemnification
Requestor agrees to defend and indemnify ChartSwap for certain third-party claims.
25. Consent to Receive Commercial Email
Requestor consents to receive email communication. To stop all emails, the account must be closed.
26. Consent to Letter of Representation
Requestor authorizes ChartSwap to generate a digital Letter of Representation for CloudNetwork providers.
27. Modifications
ChartSwap may update terms with notice. Continued use constitutes acceptance.
28. Third-Party Offerings
Third-party terms may apply for services like SFDC. ChartSwap disclaims responsibility for third-party platforms.
29. Entirety of the Agreement
This Agreement and Privacy Policy constitute the full agreement between the parties.
30. No Waiver
Failure to enforce a right does not waive it.
31. Section Titles
Headings are for reference only and do not affect interpretation.
32. Reservation of Trademark
ChartSwap trademarks are the property of ChartSwap unless otherwise indicated.
33. Assignability
ChartSwap may assign this Agreement. Requestor may not assign without written consent.
34. Severability
If a provision is invalid, it will not affect the remaining terms.
35. Survival
Sections 8, 9, and 14–17 will remain in effect after termination.
ChartSwap Terms of Service – Supplement
Approval Fee Payment Terms: If approved for the “Approve Fee” billing configuration, Requestor must remit payment within 7 or 30 days depending on invoice frequency. Late fees, collections, and payment methods are outlined. ChartSwap reserves the right to revoke approval at any time and revert to default payment terms.