Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of TrackER, an emergency room queue management system operated by CCB Tech (Chartiers Creek Business Holdings) ("Company," "we," "our," or "us") and deployed at your healthcare facility ("Hospital").

By:

• Checking in at a TrackER kiosk
• Scanning a QR code to access patient tracking
• Logging in as hospital staff (nurse, support staff, administrator)
• Receiving SMS notifications from TrackER

You acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

2.1 What TrackER Does

TrackER is a digital queue management platform that:

• Allows patients to check in at self-service kiosks
• Tracks patient status throughout their emergency room visit
• Sends automated SMS notifications to patients and families
• Enables clinical staff to manage patient flow and coordinate support services
• Provides behavioral risk assessment tools (STAMP protocol) for staff safety
• Generates operational analytics and audit logs for hospital administrators

2.2 What TrackER Does NOT Do

3. User Accounts and Access

3.1 Patient Portal Access

Authentication Required: To access your visit status via the patient portal, you must provide:

• Last name (exactly as entered at kiosk)
• Date of birth
• Secure tracking token (from QR code)

Responsibility: You are responsible for:

• Keeping your tracking link and authentication details confidential
• Not sharing your tracking link with unauthorized individuals
• Logging out when using shared or public devices

3.2 Staff Portal Access

Hospital staff (nurses, support staff, administrators) receive credentials from their employer. Staff agree to:

• Keep login credentials confidential and not share with others
• Use TrackER only for authorized work purposes
• Access only patient information necessary for their job duties (minimum necessary standard)
• Report suspected security breaches or unauthorized access immediately
• Follow hospital policies regarding password security and session management

3.3 Account Suspension

We reserve the right to suspend or terminate access to TrackER if we detect:

• Attempted unauthorized access or security breaches
• Misuse of patient information
• Violation of HIPAA regulations
• Abusive, threatening, or harassing behavior
• Automated access (bots, scrapers) not authorized by the hospital

4. Acceptable Use Policy

4.1 Permitted Uses

You may use TrackER to:

• Patients: Check in, track your visit status, receive notifications, download discharge information
• Nurses: Manage patient queue, update statuses, perform STAMP assessments, dispatch staff jobs
• Support Staff: Accept and complete job assignments, manage availability
• Administrators: Configure hospital settings, manage users, review audit logs, analyze operations

4.2 Prohibited Uses

You may NOT:

• Use TrackER for any purpose other than legitimate emergency department operations or authorized patient tracking
• Access, copy, or transmit another person's protected health information without authorization
• Reverse engineer, decompile, or attempt to extract source code from TrackER
• Use automated tools (scripts, bots) to access TrackER without prior written authorization
• Introduce viruses, malware, or malicious code
• Attempt to bypass security measures or access controls
• Use TrackER in violation of any federal, state, or local laws
• Harass, threaten, or abuse hospital staff via the system
• Use SMS opt-in for marketing or non-emergency communications

5. SMS Notifications

5.1 Consent to Receive SMS

By checking the SMS consent checkbox on the TrackER kiosk, or by verbally confirming consent to hospital staff, or by replying YES to an enrollment verification message, you expressly consent to receive automated SMS text messages from TrackER at the phone number you provide. This consent is not required as a condition of receiving medical treatment.

Consent applies to the following message categories:

• Emergency room visit status updates (patient messages)
• Discharge notifications and next steps
• Staff safety and security alerts (employee messages)
• Multi-factor authentication codes

For complete details about the opt-in process, message samples, and supported carriers, see our SMS Opt-In & Consent page.

5.2 Message Frequency and Charges

• Frequency: Varies per visit (typically 3–15 messages per ER visit for patients; as-needed for employee safety alerts)
• Carrier Charges: Message and data rates may apply per your mobile carrier’s plan. TrackER does not charge for SMS
• Timing: Messages are sent in real-time as your visit progresses (24/7)
• Carriers: Supported on all major U.S. carriers. Carriers are not liable for delayed or undelivered messages

5.3 Opt-Out

You may opt out at any time by:

• Replying STOP to any TrackER SMS — you will receive one final confirmation message
• Adjusting notification settings in the patient portal or staff portal
• Informing hospital staff directly

Effect of Opt-Out: You will no longer receive any SMS messages from TrackER. Patients can still track their visit via the web portal. You may re-subscribe at any time by texting START.

5.4 Help

Reply HELP to any TrackER SMS for support information. You may also contact your hospital front desk or email support@ccbtec.com.

5.5 No Marketing

TrackER will never send marketing, promotional, or advertising messages. All SMS messages are operational — directly related to your emergency room visit or hospital safety operations. Your phone number will not be sold, shared, or rented to third parties.

6. Intellectual Property Rights

6.1 Ownership

TrackER, including all software code, design, user interfaces, documentation, and trademarks, is owned by CCB Tech and protected by U.S. and international copyright, trademark, and intellectual property laws.

The following are trademarks of CCB Tech:

• "TrackER"
• "STAMP Threat Assessment Protocol" (implementation)
• CCB Tech logo and branding elements

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use TrackER solely for:

• Patients: Personal tracking of your emergency room visit
• Staff: Authorized work duties at your hospital

This license does not include the right to:

• Copy, modify, or create derivative works
• Resell, sublicense, or transfer access to others
• Use TrackER branding in your own materials without written permission

7. Disclaimers and Limitations of Liability

7.1 No Medical Advice

7.2 "As Is" and "As Available"

TrackER is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Accuracy, completeness, or timeliness of information
• Uninterrupted or error-free operation
• Compatibility with all devices or browsers

7.3 System Availability

While we strive for 99.99% uptime, we do not guarantee that TrackER will be available at all times. Service may be temporarily unavailable due to:

• Scheduled maintenance (announced in advance when possible)
• Emergency system updates or security patches
• Network outages, cloud provider issues, or force majeure events
• Hospital network or internet connectivity problems

Backup Procedures: Your hospital maintains paper-based backup procedures for emergency department operations in the event of TrackER unavailability.

7.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

CCB Tech, its officers, directors, employees, and affiliates shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of data, revenue, or profits
• Medical complications or adverse health outcomes
• Delays in receiving treatment
• Emotional distress or mental anguish
• Costs of substitute services

Maximum Liability: Our total liability for any claim arising from your use of TrackER shall not exceed $100 (one hundred U.S. dollars), regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

7.5 Hospital Responsibility

Your hospital is responsible for:

• Training staff on proper TrackER use
• Establishing clinical workflows and escalation protocols
• Responding to STAMP alerts and patient needs
• Maintaining backup procedures when TrackER is unavailable
• Compliance with EMTALA, Joint Commission standards, and state regulations

8. Indemnification

You agree to indemnify, defend, and hold harmless CCB Tech, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of the rights of any third party
• Unauthorized access to patient information
• Misuse of TrackER features or data

9. Data Security and Breach Notification

9.1 Our Security Commitments

We implement industry-standard security measures including:

• Encryption in transit (HTTPS/TLS 1.3) and at rest (Azure TDE)
• Role-based access controls and multi-tenant data isolation
• Comprehensive audit logging of all system actions
• Annual third-party security assessments
• Azure Security Center monitoring and threat detection

See our Privacy Policy for complete security details.

9.2 Your Security Responsibilities

You are responsible for:

• Keeping your login credentials or tracking links confidential
• Using strong passwords (for staff accounts)
• Logging out when finished, especially on shared devices
• Reporting suspected security incidents or unauthorized access immediately
• Not accessing TrackER from malware-infected devices

9.3 Data Breach Response

In the event of a data breach:

1. We will notify your hospital within 24 hours of discovery
2. Your hospital will notify affected individuals per HIPAA requirements (within 60 days)
3. We will cooperate fully with hospital and regulatory investigations
4. We will implement remediation measures to prevent recurrence

10. Modifications to Service and Terms

10.1 Changes to TrackER

We reserve the right to:

• Add, modify, or remove features at any time
• Change system requirements or supported browsers
• Discontinue the service with 90 days' notice to hospitals

Breaking Changes: For changes affecting core functionality, we will provide hospitals 30 days' advance notice and training materials.

10.2 Changes to Terms

We may update these Terms to reflect:

• Changes in applicable laws or regulations
• New features or service modifications
• Clarifications based on user feedback

Notification: Material changes will be communicated via:

• Email to hospital administrators at least 30 days in advance
• Updated "Last Updated" date at the top of this page
• In-app notifications for staff users

Continued Use = Acceptance: Your continued use of TrackER after changes take effect constitutes acceptance of the updated Terms.

11. Termination

11.1 Termination by Hospital

Your hospital may terminate its TrackER subscription at any time per its contract with CCB Tech. Upon termination:

• All active patient sessions will be concluded
• Staff access will be deactivated within 24 hours
• Data export will be provided per the hospital's data retention agreement
• Audit logs will be retained for 7 years per HIPAA requirements

11.2 Termination by CCB Tech

We may terminate or suspend service if:

• Hospital fails to pay subscription fees
• Hospital materially breaches the service agreement
• We are required to do so by law or court order
• We discontinue TrackER service entirely (with 90 days' notice)

11.3 Effect of Termination

Upon termination:

• All licenses granted to use TrackER immediately cease
• Sections of these Terms that by their nature should survive (Disclaimers, Limitations of Liability, Indemnification, Governing Law) remain in effect
• Your hospital's obligation to pay any outstanding fees survives termination

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Venue

Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in the State of Delaware.

12.3 Arbitration (For Hospitals)

Disputes between hospitals and CCB Tech shall be resolved via binding arbitration as specified in the Master Service Agreement, except for:

• Claims for injunctive relief or intellectual property violations
• Small claims court actions (under $10,000)

12.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any hospital-specific service agreements, constitute the entire agreement between you and CCB Tech regarding TrackER.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor entity.

13.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, hurricanes)
• War, terrorism, civil unrest
• Pandemics or public health emergencies
• Government actions or regulations
• Internet or telecommunications failures
• Azure cloud provider outages

14. Contact Information

For Questions About These Terms:

CCB Tech - Legal Department
Chartiers Creek Business Holdings
Dover, DE, United States
Email: legal@ccbtec.com
Phone: (Contact your hospital for local support)

For Technical Support:

Contact your hospital's IT department or TrackER administrator. Each hospital maintains its own support structure for TrackER users.

For Patient Rights or Privacy Concerns:

Contact your hospital's Patient Advocate, Privacy Officer, or Health Information Management (HIM) department.

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