PROMPT KIOSK TERMS AND CONDITIONS
These Prompt Kiosk Terms and Conditions govern Customer’s use of Prompt’s Prompt Kiosk offering (“Kiosk”) and are incorporated into and made a part of the Agreement if Kiosk is included in the Order Form or if Customer activates Kiosk within the Platform. All terms and conditions of the Agreement apply except to the extent expressly modified herein.
1. Definitions
1.1. “Facility” means any location entered into the Platform as a “Facility,” for which Kiosk is enabled, and that has at least one (1) visit checked in via Kiosk in the applicable calendar month.
1.2. “Non-Prompt Plus Customer” means any Customer who does not license and pay for Prompt Plus.
1.3. “Prompt Plus Customer” means a Customer who, during the applicable calendar month, is: (a) in an active Prompt Plus Trial Period (as defined in the Prompt Plus Pricing Addendum); or (b) an active Prompt Plus subscriber (i.e. pays a Recurring Monthly Fee to Prompt for Prompt Plus).
2. Term. Customer shall receive access to Kiosk on a trial basis for the time period set forth in the Order Form (the “Kiosk Trial Period”). The Kiosk Trial Period will automatically commence on the Go-Live Date, unless prior to the Go-Live Date, Customer: (a) turns off the Kiosk functionality; and (b) provides notice to Prompt that Customer wishes to delay commencement of the Kiosk Trial Period to a future date, in which case the Kiosk Trial Period shall commence on the date Customer activates the Kiosk functionality (and such activation date must be no later than six (6) months after the Go-Live Date). During the Kiosk Trial Period, Customer shall receive access to the Kiosk features at no additional charge. After the applicable Trial Period, Customer’s subscription to Kiosk will automatically renew for the fees and under the terms set forth in the Agreement unless cancelled in accordance with the notice requirements set forth in Section 3 below.
3. Termination during Trial Period. Customer must provide at least fifteen (15) days’ written notice (email shall suffice) to Prompt prior to the end of the Kiosk Trial Period if Customer wishes to discontinue Kiosk at the end of the Kiosk Trial Period. If Customer does not cancel its trial access to Kiosk in accordance with this Section, or if Customer or any End User otherwise utilizes Kiosk in any manner after the expiration of the Kiosk Trial Period (regardless of whether Customer provided notice of cancellation hereunder), Customer’s access to Kiosk shall continue and Customer shall pay Prompt the applicable Kiosk fees set forth in the Order Form or otherwise through the Platform.
4. Security. Customer shall be responsible for the maintenance and security of all devices Customer utilizes to access Kiosk (the “Kiosk Devices”). Customer shall be responsible for utilizing technical and physical safeguards to secure the Kiosk Devices in accordance with the HIPAA Rules and industry best practices. Customer shall notify Prompt immediately upon Customer’s determination that a Kiosk Device was lost, stolen, or in any way compromised. Prompt disclaims any and all responsibility or liability directly or indirectly associated with or related to Customer’s maintenance and security of the Kiosk Devices, including, but not limited to, any Breach or Successful Security Incident, as such terms are defined in the BAA.