ChartSwap Terms of Service – Requestors
Last Updated 03/04/2026
Welcome to ChartSwap. ChartSwap is a medical records transfer platform between a requester of medical or billing records and a person or entity that owns or controls the requested records, designed to allow the quick, efficient and secure transfer of records electronically. These Terms of Service (this “Agreement”) govern ChartSwap’s relationship with you, as a requester of records (submitted on behalf of yourself, your client, or your organization) (hereinafter, the “Requester”).
1. ChartSwap Services
1.1 Services
A full list of current services available through the ChartSwap platform (collectively, the“Service”) can be found here: https://chartswap.com/document-chartswap-services-for-terms. By creating an account and requesting records through the ChartSwap platform, Requester agrees to this Agreement and ChartSwap’s current pricing terms.
1.2 Trial Services
ChartSwap may, in its sole discretion, offer certain Services as a trial, evaluation, or free of charge (“Trial Services”). Trial Services are provided “AS IS” without any representations, warranties, or indemnities. ChartSwap will have no liability of any type with respect to the Trial Services unless otherwise required by law.
2. Representations About Requester
Requester represents and warrants that (a) it has the power and authority to enter into this Agreement as, or on behalf of, a Requester; (b) the information provided in connection with will be current, true, accurate, supportable and complete; and (c) it will comply with all applicable laws, rules and regulations in connection with its use of the Service and Records (as defined below).
3. Authorized Users
If applicable, Requester may allow its employees or independent contractors to use the Service on behalf of Requester in accordance with this Agreement (“Authorized Users”).
4. Custodian Fees
Healthcare provider(s) that hold records (collectively referred to herein as the “Provider(s)”) may pass through or impose fees for records in connection with each request (the “Custodian Fee”). For convenience, Requester 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 Requesters. Any dispute Requester has with the Custodian Fee should and must be resolved with the Provider or release of information vendor directly.
5. ChartSwap Fees.
Any fees paid by Requester 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. Requester acknowledges that ChartSwap is acting as an agent of Requester when it facilitates the transfer of records via the Service and charges associated ChartSwap fees.
5.1 ChartSwap Platform Fee
If Requester elects to utilize the ChartSwap medical records transfer platform to facilitate the exchange of Records via “Digital Delivery” for a ChartSwap medical records transfer (MRT) request, ChartSwap will charge the “ChartSwap Platform Fee” in accordance with ChartSwap’s fee schedule in effect at the time of the request. The ChartSwap Platform Fee will be paid by Requester for each request prior to initiation of the Service for the exchange of Records. If Requester elects to receive Records via mail delivery through ChartSwap and opts-out of utilizing the ChartSwap MRT platform, the ChartSwap Platform Fee will not be charged and Requester shall pay the Mail Delivery Fee pursuant to Section 8.2 of this Agreement. The ChartSwap Platform Fee will be paid by Requester at the initiation of the order and is nonrefundable, even if the Provider provides a certificate of no records, or rejects the order.
5.2 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 CloudNetwork Fee will be paid by Requester 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.
6. Records
ChartSwap does not claim ownership rights in the text, files, images, photos, video, sounds, links, works of authorship, or any other materials that any Provider 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, Requester 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.
7. Data Ownership
Requester shall own all right, title, and interest in and to any data that is collected by ChartSwap from Requester or its Authorized Users in connection with Requester’s use of the Service (“Data”). Requester grants and agrees to grant to ChartSwap a perpetual, non-exclusive license to use such Data (a) to provide the Service and Deliverables to Requester; (b) for statistical use (provided that such data is not personally identifiable); (c) as necessary to monitor and improve the Service and Deliverables; and (d) develop new products and services. ChartSwap retains ownership for the generation of summaries, content, deliverables, and other work product created through the platform.
8. 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.
9. Payment Terms
All Fees shall be paid in U.S. Dollars and shall be charged to the payment method provided to ChartSwap. Requester 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 Requester agrees and acknowledges that it is solely responsible for payment of any Custodian Fees and Record Copy Fees. All fees are exclusive of applicable sales, excise, use or similar taxes. Requester shall pay such taxes either directly or to ChartSwap or the Provider, as applicable, or as otherwise required by law or regulation.
9.1 Auto-Pay Agreement for Retrieval Network Orders.
The Requester hereby agrees to automatically pay Custodian Fees via the payment method provided to ChartSwap, if the amount of the Custodian Fee does not exceed $1,000.00 and the Requester is requesting records through the ChartSwap Retrieval Network.
9.2 Credit Card Authorization
For fees paid by credit card, by providing credit card information, Requester hereby authorizes ChartSwap to securely store Requester credit card details for future use in accordance with applicable laws and industry standards, including the Payment Card Industry Data Security Standard (PCI DSS). Additionally, Requester hereby authorizes ChartSwap to utilize Requester’s stored credit card information to process payments of Custodian Fees pursuant to this Agreement without requiring re-entry of Requester credit card information. Requester may request the removal of Requester credit card information from ChartSwap records at any time. Once removed, Requester will need to provide payment information for any future purchases.
10. Reservation of Rights
ChartSwap reserves all rights in and to the Service and Deliverables and all related intellectual property not expressly granted under this Agreement. If Requester submits comments, suggestions, or other feedback regarding the Service or Deliverables (“Feedback”), Requester agrees that ChartSwap will be free to use such Feedback for any purpose.
11. Requester’s Obligations
11.1 Use Restrictions
Requester may not (i) rent, lease, lend, sell, redistribute, reproduce or sublicense the Service or Deliverables; (ii) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) use any Service or Deliverable for purposes beyond the scope of the access granted in this Agreement, including for any timesharing, service bureau or similar business; (iv) engage in model extraction, or otherwise attempt to derive or gain access to any source code, algorithm, model, model weights and parameters, or other underlying model technology; (v) remove or modify any proprietary notices from the Deliverables; or (vi) use any Service or Deliverable to train, develop or improve any model, AI system or any product, technology, system, or service that competes with the Service or Deliverables.
11.2 Use of Deliverables
Requester acknowledges that Deliverables may be generated using models or artificial intelligence systems and that such Deliverables should not be used as a replacement for human decisions. Requester is responsible for (i) evaluating (including by human review) the Deliverables for accuracy, completeness, and other factors relevant to Requester’s use before using or relying on the Deliverables and (ii) Requester’s decisions, actions, and omissions in reliance or based on the Deliverables.
12. Security Measures
The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service. Requester acknowledges and agrees that ChartSwap may monitor Requester’s use of the Service and use these technological measures and other lawful measures to verify Requester’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 Requester designated that person as an Authorized User.
13. Privacy
This Agreement incorporates by reference the ChartSwap Privacy Policy (https://www.chartswap.com/privacy-policy/).
14. Termination
This Agreement is effective until terminated by Requester or Each of Requester and ChartSwap may terminate this Agreement by providing the other party with written notice of termination. Requester’s right to use or access the Service will terminate automatically without notice from ChartSwap if Requester fails to comply with any term(s) of this Agreement. Upon termination of this Agreement, Requester shall cease all use of or access to the Service. Requester acknowledges that unless otherwise agreed to in writing, ChartSwap may restrict, modify, suspend, or terminate Requester’s access to the Service, without liability, for its convenience.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, DELIVERABLES 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 THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. 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.
16. Limitation of Liability
IN NO EVENT SHALL CHARTSWAP OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO REQUESTER’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 REQUESTER FOR DAMAGES IN EXCESS OF THE GREATER OF THE AMOUNT OF TWENTY-FIVE DOLLARS ($25) OR THE AMOUNT REQUESTER 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 REQUESTERS.
17. 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. ChartSwap and Requester 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.
18. Indemnification
Requester shall indemnify, defend, and hold harmless ChartSwap and its directors, employees, agents, and distributors from and against all damages and liabilities (including reasonableattorneys’ fees) that arise from a third party’s claim resulting from (a) unauthorized use of the Service or any Records by Requester or any Authorized User, (b) any Records accessed by Requester or an Authorized User; (c) any activities of Requester or an Authorized User through the use the Service, including any unauthorized disclosure made by Requester or its Authorized Users; or (d) violation of the ChartSwap Terms of Service.
19. Consent to Communications
Requester 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), Requester will need to terminate its account. Additionally, ChartSwap may provide Requester the ability to have an on-line chat session with ChartSwap or provide other means of contacting ChartSwap, which may or may not have automated functions. For quality assurance purposes, ChartSwap may monitor, record, or transcribe the contents of these communications. By contacting ChartSwap, Requester agrees that the communication may be monitored, recorded, or transcribed.
20. Consent to Letter of Representation
Select 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 Service and placing orders for those select providers, Requester represents that it is the attorney of record, or has proper authorization from the attorney of record to place orders via the Service. Additionally, Requester authorizes ChartSwap to create a Letter of Representation to alert the provider that ChartSwap is designated as an authorized representative of Requester, and Requester authorizes ChartSwap to insert Requester’s digital signature onto the document. The letter will be added to the account and used as needed unless and until Requester alerts ChartSwap in writing that it no longer wants the letter used with Requester’s account.
21. Modifications
ChartSwap may modify the terms of this Agreement from time to time. Any such modification shall be effective when ChartSwap notifies Requester of the modification (via an update to the terms delivered via email or through the Service) and Requester subsequently signifies its acceptance by continuing to use the Service.
22. Third-Party Offerings
Requester acknowledges that ChartSwap operates through the platform SalesForce.com (“SFDC”) and transmits Data through the system maintained by SFDC (the “SFDC System”). Requester further acknowledges that Requester’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. To use certain aspects of the Service, additional terms may apply including the SFDC Service Agreement (https://chartswap.com/salesforce-service-agreement/). Third-Party Terms shall constitute an agreement between Requester and such third party. ChartSwap is not responsible for such third-party offerings.
23. Entirety of the Agreement
This Agreement, together with the ChartSwap Privacy Policy, constitutes the entire agreement between Requester and ChartSwap regarding use of or access to the Service as a Requester.
24. Survival
All provisions that by their nature should survive termination shall survive, including accrued payment obligations, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.