Terms & Conditions of Use

By accessing or using the InSERVio CRM platform ("Platform"), operated by Whetstone Studio, LLC ("Whetstone") in partnership with HealthySC (collectively, "Operators"), you ("User") agree to be legally bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must immediately cease all use of the Platform. Use of the Platform constitutes full and unconditional acceptance of these Terms.

• "Platform" means the InSERVio CRM software application, including all features, tools, referral systems, and associated services.
• "User" means any individual, organization, case manager, nonprofit, or other entity that accesses or uses the Platform in any capacity.
• "Client Data" means any personally identifiable information (PII), protected health information (PHI), or other data pertaining to individuals entered into or transmitted through the Platform.
• "Referral" means any closed-loop or open referral transmitted within the Platform or via external email on behalf of or facilitated by the Platform.
• "Operators" means Whetstone Studio, LLC and HealthySC, jointly and severally.

3.1 — User Accountability

Users are solely and exclusively responsible for:

• All data, content, and information entered into, transmitted through, or exported from the Platform;
• Ensuring that all Client Data they input, transmit, or share complies with applicable federal, state, and local laws, including but not limited to HIPAA, 42 CFR Part 2, state privacy statutes, and any applicable data protection regulations;
• Obtaining all legally required consents, authorizations, and releases from clients and other individuals prior to entering, sharing, or transmitting any Client Data through the Platform;
• The accuracy, completeness, and appropriateness of any referrals made through the Platform or via external email;
• Maintaining the confidentiality and security of their login credentials and account access.

3.2 — External Email Referrals

When Users transmit referrals or Client Data via external email or other communication channels outside the Platform, the Operators assume no responsibility whatsoever for the security, privacy, confidentiality, or appropriate handling of such data. Users assume full legal liability for any data transmitted externally.

3.3 — No Unauthorized Use

Users shall not use the Platform to transmit, store, or share any data in violation of applicable law, including unauthorized disclosure of PHI, PII, or other protected information.

• Any unauthorized access to, breach of, disclosure of, or misuse of Client Data by any User or third party;
• Any failure by a User to obtain proper consent prior to entering, transmitting, or sharing Client Data;
• Any data transmitted via external email or communication channels outside the Platform's secure environment;
• Any improper, unlawful, or negligent use of the Platform by any User or the individuals they serve;
• Any referral made in error, to an incorrect recipient, or without appropriate authorization;
• Any downstream misuse or improper handling of Client Data by organizations or individuals receiving referrals;
• Any loss, corruption, or unauthorized disclosure of data resulting from User error, third-party systems, or network vulnerabilities beyond the Operators' direct control.

The Operators are not responsible for the quality, timeliness, accuracy, or outcomes of any referral made through the Platform. The Operators do not endorse, supervise, or control any service provided by any referring or receiving organization. Users and their respective organizations bear sole responsibility for the professional judgment exercised in making or accepting referrals.

You agree to indemnify, defend, and hold harmless Whetstone Studio, LLC, HealthySC, and their respective officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Platform;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any unauthorized, negligent, or improper handling of Client Data by you or any individual acting under your authority;
• Any referral you make or receive through the Platform or via external communication.

While the Operators implement reasonable technical and administrative security measures, the Operators do not guarantee that the Platform is completely secure or impervious to unauthorized access. Users acknowledge that no digital platform can guarantee absolute security, and that the Operators are not insurers of User data.

Users are solely responsible for ensuring their use of the Platform complies with all applicable laws, including HIPAA (45 CFR Parts 160 and 164), 42 CFR Part 2 (substance use disorder records), state data privacy laws, and any professional licensing or ethical obligations applicable to their role. The Operators do not provide legal compliance advice and make no representation that use of the Platform satisfies any specific legal obligation.

The Platform may facilitate referrals via external email or integrations with third-party systems. The Operators are not responsible for the security, privacy practices, or conduct of any third-party systems, email providers, or recipient organizations. Users assume full risk when transmitting Client Data outside the Platform's native environment.

The Operators reserve the right to modify these Terms at any time. Continued use of the Platform following notice of any modification constitutes acceptance of the revised Terms. Users are responsible for reviewing these Terms periodically.

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict of law principles. Any dispute arising under or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in South Carolina.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.

These Terms constitute the entire agreement between the User and the Operators with respect to the subject matter herein and supersede all prior communications, understandings, and agreements relating to the Platform.

All fees paid to HealthySC — including but not limited to advertising fees, sponsorship fees, subscription fees, membership fees, and any other charges for access to or promotion through HealthySC's programs, platforms, publications, or events — are non-refundable, except at the sole and absolute discretion of HealthySC.

HealthySC reserves the right to issue partial or full refunds on a case-by-case basis, but is under no obligation to do so. Any decision by HealthySC to grant a refund in a particular instance shall not constitute a waiver of this provision, shall not set a precedent, and shall not create any expectation of refund in future circumstances.