ChartSwap Terms of Service

Terms of Service – Requestors (Last Updated 11/1/2024)

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.

 

AGREEMENT

  1. ChartSwap Services.

1.1 ChartSwap MRT. ChartSwap MRT is a service that lets requestors make direct requests to providers, pay any charges assessed by the provider, track the status of requests, and, if elected, receive digital delivery of records.

1.2 CloudNetwork. CloudNetwork is a service that provides access to an extended network of providers, outside of the ChartSwap MRT network – the “CloudNetwork Providers.” CloudNetwork places requests to CloudNetwork Providers on behalf of the requestor, facilitates payment of charges assessed by the CloudNetwork Provider, and allows the requestor to track the status of requests and download records.

1.3 Record Copy Sales. ChartSwap, on behalf of record retrieval companies, offers a service whereby record copies are available for purchase via the ChartSwap platform (“Record Copy Sales”). Record Copies available on ChartSwap via this service were requested and obtained outside of the ChartSwap platform. ChartSwap was not part of the request to the provider in these instances and is merely acting as a platform for counsel to easily pay, download and/or obtain hard copies/CDs of the Record Copies.

1.4 Medical Canvassing. Medical Canvassing is a tool designed to target medical facilities in a specific geographic area to determine when and where an individual may (or may not) have received treatment(s). Upon discovering treating facilities, allows ChartSwap to more effectively target formal records requests, whether via authorization or subpoena.

1.5 Indexing by ChartSwap. Records indexing is a tool that enables claims and legal professionals to send records already obtained for complete organization. The end result is an Optical Character Recognition (OCR) searchable set of review-ready records that are organized, indexed, and bookmarked. My.SmartOrg is an exclusive feature, a HIPAA compliant, for each web-based user portal.

1.6 Chronology by ChartSwap. Records chronology is a tool that allows legal and claims professionals to reduce paper handling, simplify records organization and accelerate records analysis with a fully indexed chronology for every file.

1.7 Medical Summary by ChartSwap. Medical summary is a tool that provides a complete medical chronology of the records, enabling quick identification of providers, type of record, and medical events critical to your analysis.

1.8 Transfer Portal. Transfer portal is a web-based application that operates as a records transfer portal, which allows users to request medical, hospital, billing, payroll, personnel, insurance claims, Medicare, VA, Social Security, police department, fire department, OSHA, business records, and employment records.

1.9 Rapid Clinical Summary Query. Rapid Clinical Summary Queries is a tool that utilizes ChartSwap’s proprietary technology to identify potential treating providers. ChartSwap provides this query at no charge for every MRT request submitted through the system. Users can also initiate these queries via the Rapid Clinical Summary order form.

1.10 The Service. ChartSwap MRT, CloudNetwork, Medical Canvassing and Rapid Clinical Summary Query, as each may be updated from time to time, are referred to herein as the “Service.” Requestor acknowledges and agrees that (a) the Service is completely voluntary; (b) ChartSwap does not own or control any of the records sought; and (c) ChartSwap is not acting on behalf of CloudNetwork Providers or ChartSwap MRT Providers (collectively referred to herein as the “Provider(s)”) in any way.

  1. Representations About Requestor.Requestor represents and warrants that (a) it has the power and authority to enter into this Agreement as, or on behalf of, a Requestor; and (b) the information provided in connection with the Service will be current, true, accurate, supportable and complete. Each time Requestor utilizes the Service, Requestor is binding itself, its organization, and its client, to this Agreement, regardless of whether Requestor has used the Service previously for different clients.
  2. Authorized Users.If applicable, Requestor may allow its employees or independent contractors to use the Service on behalf of Requestor (“Authorized Users”). As a condition to such use, Authorized Users must be required to agree to and abide by this Agreement. Requestor bears the responsibility for ensuring that all Authorized Users agree to and abide by this Agreement and, pursuant to Section 17 below, shall indemnify and hold ChartSwap harmless in the event that one of its Authorized Users violates this Agreement. Requestor and Authorized Users shall immediately notify ChartSwap in the event that Requestor or an Authorized User becomes aware of any violation of the terms of this Agreement. Requestor shall be liable for any breach of the Agreement by any Authorized User.
  3. ChartSwap does not claim ownership rights in the text, files, images, photos, video, sounds, links, works of authorship, or any other materials that Provider(s) posts to or shares via the Service (collectively, “Records”), and makes no representations with respect to such Records, including the accuracy and completeness of the Records. By requesting Records through the Service, Requestor certifies that it has obtained all required consents to access such Records and agrees to access and use them only as permitted by applicable law. In addition, Requestor acknowledges that Providers have the right to revoke the use of Records provided under certain circumstances, including, without limitation, where the wrong records have been provided, and hereby agrees to delete any such Records upon request.
  4. Data Ownership.Requestor shall own all right, title, and interest in and to any data that is collected by ChartSwap from Requestor or its Authorized Users in connection with Requestor’s use of the Service (“Data”). Requestor grants and agrees to grant to ChartSwap a perpetual, non-exclusive license to use such Data (a) in order to provide the Service to Requestor; (b) for statistical use (provided that such data is not personally identifiable); and (c) as necessary to monitor and improve the Service.
  5. Confidentiality. Requestor acknowledges that the Service and any other proprietary or confidential information provided to Requestor by ChartSwap constitutes valuable proprietary information and trade secrets of ChartSwap. Requestor agrees to preserve the confidential nature of such Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its internal use and as authorized hereby, and by using the same degree of protection that such party uses to protect similar proprietary and confidential information, but in no event less than reasonable care. ChartSwap shall have the right to obtain an injunction (without having to post a bond) to prevent any breach or continued breach of this section. Requestor acknowledges that ChartSwap operates through the platform SalesForce.com (“SFDC”), and transmits Data through the system maintained by SFDC (the “SFDC System”). Requestor further acknowledges that Requestor’s Data may be transmitted outside of the SFDC System, and to the extent that such Data is transmitted outside of the SFDC System, SFDC is not responsible for the privacy, security or integrity of that Data.
  6. Custodian Fees. Provider(s) may impose fees for Records in connection with each request (the “Custodian Fee”). For convenience, Requestor pays the Custodian Fee via the Service. ChartSwap does not set or have any control over the Custodian Fees being charged by the Provider and merely passes through the invoice to Requestor. Any dispute Requestor has with the Custodian Fee should and must be resolved with the Provider directly.
  7. Record Copy Sales. Record retrieval vendors may impose fees for Record Copy Sales (g., electronic, hard copy, and CD). Purchasing Record Copies via ChartSwap is at the discretion of the party being offered to purchase the Record Copies. There are other avenues through which the Record Copies can be obtained (outside of ChartSwap). ChartSwap does not set or have any control over the Record Copy fees being charged by the record retrieval vendors. Any dispute should and must be resolved with the record retrieval vendor directly.
  8. Medical Canvassing. Medical Canvassing is not guaranteed to locate treatment providers or dates. Medical Canvassing is designed to target medical facilities based on mileage from a starting address as provided by the ordering party. Medical Canvassing may return treatment locations and treatment dates only if data exists at the facilities being canvassed.  Ordering party fully understands and acknowledges that ChartSwap has no control as to whether relevant treatment data may exist at a facility. Efforts will be made to determine whether patient records exist, and, if appropriate, gain authorization to retrieve applicable treatment data.  In the event that no treatment data is located, ordering party fully understands and acknowledges that all fees paid at the time of submission are still valid and non-refundable.
  9. ChartSwap’s Technology.
    • ChartSwap shall provide Requestor users (“Users”) access to the ChartSwap portal, a web-based application that operates as a records transfer portal (the “Portal”), which allows Users to request medical, hospital, billing, payroll, personnel, insurance claims, Medicare, VA, Social Security, police department, fire department, OSHA, business records, and employment records (“Records”); view the status of updates and tracking details for their orders; and if received from Provider, download Records; store Records in a HIPAA compliant and SOC 2, Type II certified environment; and upload and share documents. Subject to the exceptions detailed herein, the Portal shall be available to Users 24 hours a day, 7 days a week, 365/366 days a year. Users shall comply with all terms and conditions of the Portal, as described therein.
    • ChartSwap shall provide Users access to the Portal and provide notifications when updated Records are ready for review;
  10. ChartSwap Fees. Any fees paid by Requestor to its agent, ChartSwap, for the Service are voluntary and distinct from the Custodian Fee, and are not subject to any of the statutory or regulatory limits placed upon Custodian Fees. Requestor acknowledges that ChartSwap is acting as an agent of Requestor when it facilitates the transfer of records via the Service and charges associated ChartSwap fees.
    • ChartSwap Digital Delivery Fee. If Requestor elects to utilize the ChartSwap medical records transfer platform to facilitate the exchange of Records via “Digital Delivery” for a ChartSwap MRT request, ChartSwap will charge the “ChartSwap Digital Delivery Fee” in accordance with ChartSwap’s fee schedule in effect at the time of the request, the current version of which can be found [link]. The ChartSwap Digital Delivery Fee will be paid by Requestor for each request prior to initiation of the Service for the exchange of Records. If Requestor elects to receive Records via mail delivery through ChartSwap and opts-out of utilizing the ChartSwap medical records transfer platform, the ChartSwap Digital Delivery Fee will not be charged and Requestor shall pay the Mail Delivery Fee pursuant to Section 11.3 of this Agreement. The ChartSwap Digital Delivery Fee will be paid by Requestor at the initiation of the order and is nonrefundable, even if the Provider provides a certificate of no records, or rejects the order.
    • Mail Delivery Fee. If a Requestor elects to utilize ChartSwap to receive Records via mail delivery, ChartSwap may charge the Requestor the Mail Delivery Fee in accordance with the ChartSwap fee schedule in effect at the time of the request, in accordance with all applicable statutes, rules and regulations.
    • CloudNetwork Fee. For CloudNetwork orders, ChartSwap will charge a fee (the “CloudNetwork Fee”) in accordance with ChartSwap’s fee schedule in effect at the time of the order, the current version of which can be found [link]. The CloudNetwork Fee will be paid by Requestor at the initiation of the order and is nonrefundable, even if the Provider does not have the Records responsive to the request. From time to time a provider included in the CloudNetwork may no longer be able to accept orders from CloudNetwork and in such event, ChartSwap will refund the CloudNetwork Fee.
  11. Payment Terms. All Fees shall be paid in U.S. Dollars and shall be charged to the payment method provided to ChartSwap. Requestor may elect to connect its account to ChartSwap’s third-party payment processors (e.g., PayPal) in order to enable the payments of the Fees contemplated above. Requestor agrees and acknowledges that it is solely responsible for payment of any Custodian Fees. All fees are exclusive of applicable sales, excise, use or similar taxes. Requestor shall pay such taxes either directly or to ChartSwap or the Provider, as applicable, or as otherwise required by law or regulation.
  12. Reservation of Rights With Respect To The Service.ChartSwap reserves all rights in and to the Service and all related intellectual property not expressly granted under this Agreement. If Requestor submits comments, suggestions, or other feedback regarding the Service (“Feedback”), Requestor agrees that ChartSwap will be free to use such Feedback for any purpose.
  13. Restrictions On Requester’s Use Of The Service.Requestor may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Service. Requestor may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof. If for some reason these restrictions are prohibited by applicable law, then the activities are permitted only to the extent necessary to comply with such law. Requestor shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Requestor acknowledges that any request associated with this Agreement or the Services is directly related to the file and reference number provided on the order form and that all requests made will be pursuant to the same.
  14. Security Measures. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service. Requestor acknowledges and agrees that ChartSwap may monitor Requestor’s use of the Service and use these technological measures and other lawful measures to verify Requestor’s compliance with the terms of this Agreement and enforce ChartSwap’s rights, including all intellectual property rights, in and to the Service. ChartSwap may deny any individual access to and/or use of the Service if ChartSwap, in its sole discretion, believes that person’s use of the Service would violate any provision of this Agreement, regardless of whether Requestor designated that person as an Authorized User.
  15. Limitations on Availability.The Service or some aspects thereof may not be available in all languages or in all countries. ChartSwap makes no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. Requestor uses the Service at its own initiative and is responsible for compliance with any applicable laws. For the avoidance of doubt, with regards to Rapid Clinical Summary Queries, Requestor hereby acknowledges that the query results may NOT be comprehensive, are NOT guaranteed to be accurate and notwithstanding the foregoing, that Records are not guaranteed to be available, regardless of the result of such Rapid Clinical Summary Query. ChartSwap may also impose limits on the use or access to the Service as required by law.
  16. This Agreement is effective until terminated by Requestor or ChartSwap. Requestor’s right to use or access the Service will terminate automatically without notice from ChartSwap if Requestor fails to comply with any term(s) of this Agreement. Upon termination of the Agreement, Requestor shall cease all use of or access to the Service. Requestor acknowledges that unless otherwise agreed to in writing, ChartSwap may restrict, modify, or terminate Requestor’s access to the Service, without liability, for its convenience.
  17. Disclaimer of Warranties.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY RECORDS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CHARTSWAP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. CHARTSWAP DOES NOT WARRANT AGAINST INTERFERENCE WITH REQUESTOR’S ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET REQUESTOR’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHARTSWAP OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
  18. Limitation of Liability.IN NO EVENT SHALL CHARTSWAP OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO REQUESTOR’S USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CHARTSWAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CHARTSWAP OR ITS AFFILIATES HAVE LIABILITY TO REQUESTOR FOR DAMAGES IN EXCESS OF THE GREATER OF THE AMOUNT OF TWENTY-FIVE DOLLARS ($25) OR THE AMOUNT REQUESTOR PAID FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO REQUESTORS.
  19. Arbitration Agreement.This Agreement shall be interpreted and governed by the laws of the State of Texas without regard to its rules regarding conflict of laws. By signing this Agreement, ChartSwap and Requestor agree that any claim, dispute, or controversy arising from or relating to this Agreement must be resolved by arbitration.  Texas laws and the Texas Rules of Evidence shall apply to the arbitration proceeding.  The arbitration will be determined by a single arbitrator who is mutually agreed upon by the Parties.  If the Parties cannot agree on the individual arbitrator, then the arbitrator shall be selected according to the arbitration service.  The Parties agree to utilize the services of JAMS, a nationally recognized arbitration and mediation company, for this purpose.
  20. Requestor shall indemnify, defend, and hold harmless ChartSwap and its directors, employees, agents, and distributors from and against all damages and liabilities (including reasonable attorneys’ fees) that arise from a third party’s claim resulting from (a) unauthorized use of the Service or any Records by Requestor or any Authorized User, (b) any Records accessed by Requestor or an Authorized User; (c) any activities of Requestor or an Authorized User through the use the Service, including without limitation any unauthorized disclosure made by Requestor or its Authorized Users; or (d) violation of the ChartSwap Terms of Service.
  21. Consent to Receive Commercial E-mail. Requestor consents to receive commercial email messages from or on behalf of ChartSwap and its partners. In order to stop receiving any messages from ChartSwap whatsoever (including administrative messages regarding the Service), Requestor will need to terminate its account.
  22. Consent To Letter Of Representation. CloudNetwork providers are outside of ChartSwap’s direct network, and require a Letter of Representation to be included with the request in order to be accepted. By using the CloudNetwork service and placing orders for providers in the CloudNetwork, you represent that you are the attorney of record, or have proper authorization from the attorney of record to place orders in the CloudNetwork service. Additionally, you authorize ChartSwap to create a Letter of Representation to alert the provider that ChartSwap is designated as an authorized representative of your law firm, and you authorize ChartSwap to insert your digital signature onto the document. The letter will be added to the account and used as needed unless and until you alert ChartSwap in writing that you no longer want the letter used with your account.
  23. ChartSwap may modify the terms of this Agreement from time to time. Any such modification shall be effective when ChartSwap notifies Requestor of the modification (via an update to the terms delivered via email or through the Service) and Requestor subsequently signifies its acceptance by continuing to use the Service.
  24. Third-Party Offerings. To use certain aspects of the Service, additional terms may apply including the SFDC Service Agreement, attached hereto as Exhibit A. Third-Party Terms shall constitute an agreement between Requestor and such third party. ChartSwap is not responsible for such third-party offerings.
  25. Entirety of the Agreement.This Agreement, together with the ChartSwap Privacy Policy (https://www.chartswap.com/privacy-policy/), constitutes the entire agreement between Requestor and ChartSwap regarding use of or access to the Service as a Requestor.
  26. No Waiver.The failure of ChartSwap to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
  27. Section Titles.The section titles in this Agreement are for convenience only and have no legal or contractual effect.
  28. Reservation of Trademark.“ChartSwap” and all associated logos displayed within the Service are trademarks of ChartSwap (unless otherwise noted).
  29. Assignability and Transfer of.ChartSwap may freely transfer or assign this Agreement and any of its rights or obligations hereunder. Requestor may not transfer or assign this Agreement or any of its rights or obligations hereunder without the prior written consent of ChartSwap, and any attempt to do so shall be null and void.
  30. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
  31. Survival:Sections 8, 9, and 14-17 shall survive the termination of this Agreement for any reason.