Terms of Service

These Terms of Service (“Terms”) govern your clinic's use of TrackWell, a controlled-substance recordkeeping platform operated by TruePulse Systems (“TruePulse,” “we,” “us,” “our”). By signing in, entering data, or otherwise using TrackWell, the clinic and each of its authorized users agree to these Terms.

1. The Service

TrackWell helps TRT and similar medical clinics record the receipt, administration, dispensing, transfer, waste, and destruction of DEA-scheduled controlled substances, along with supporting inventory reconciliation and audit workflows. The service is provided as a hosted web application at trackwellrx.com, including any companion APIs, email reports, and PDF / CSV exports.

2. Acceptable Use

You agree to use TrackWell only in a lawful manner. You specifically agree not to:

• Enter false or fraudulent records;
• Attempt to alter, delete, or falsify historical records except through the product's documented correction and void workflows;
• Share account credentials or use another user's account;
• Probe, scan, or test the vulnerability of the system, or attempt to circumvent authentication, tenant isolation, or rate limits;
• Use TrackWell to store information unrelated to controlled-substance recordkeeping (e.g. broader EMR data, personal health records, payment card data);
• Reverse-engineer, copy, resell, or sublicense any part of the service;
• Use the service in a way that violates any federal, state, or local law — including but not limited to the Controlled Substances Act and HIPAA.

We reserve the right to suspend or terminate accounts that violate these rules, with notice where practical.

3. Recordkeeping Tool — Not a Guarantee of Compliance

4. Your Clinic's Responsibilities

The clinic is responsible for:

• Holding and maintaining all necessary DEA, state, and local registrations;
• Configuring TrackWell accurately — drugs, providers, suppliers, DEA numbers, and timezone;
• Entering events truthfully and promptly, including dose, lot number, witness initials, and any required DEA Form 41 references;
• Reviewing and investigating any variance or discrepancy flagged by the system, and documenting the resolution;
• Physical custody and security of controlled substances, including storage, access control, and destruction;
• Training staff on TrackWell and on the applicable laws and regulations;
• Promptly deactivating user accounts when an individual leaves the clinic;
• Exporting and retaining records to meet DEA retention requirements — at minimum two years per 21 CFR 1304.04.

Nothing in TrackWell relieves the clinic of its independent legal obligations. The clinic's DEA registrant is the accountable party for compliance.

5. Accounts & Credentials

Each person who uses TrackWell must have their own account. Sharing accounts or credentials is prohibited. You agree to use strong passwords, to notify us promptly at the address below if you suspect unauthorized access, and to promptly deactivate accounts for any user who no longer needs access.

6. Payment Terms

• Subscription: TrackWell is billed on a monthly per-clinic subscription. The current list price is $297 per clinic per month. Pricing and billing terms in effect at the time of your subscription, as confirmed in writing, will govern your clinic unless we agree otherwise.
• Free trial: New clinics receive a 30-day free trial. No credit card is required to start.
• Invoicing: Invoices are issued monthly. Payment is due Net 30 from the invoice date unless otherwise agreed in writing.
• Late payment: Balances more than 30 days past due may incur a 1.5% monthly service charge and may result in read-only access or suspension of the service after written notice.
• Taxes: Fees are exclusive of any applicable sales, use, or similar taxes. The clinic is responsible for these taxes unless legally exempt.

7. Cancellation

• Either party may cancel the subscription at any time by written notice (email to the address below is sufficient).
• Cancellation takes effect at the end of the current paid billing period. Monthly subscriptions are not prorated.
• Before cancellation, the clinic may export a full archive of its records via Settings → Data Export. After a 60-day reactivation window, the clinic's data is permanently deleted as described in our Privacy Policy.
• We may cancel the service for material breach of these Terms, for non-payment, or with at least 60 days' written notice if we discontinue the product.

8. Data Ownership & Export

Your clinic's data belongs to your clinic. You may export it at any time through the product's export tools (CSV, PDF, and full ZIP archive under Settings → Data Export). We will not withhold a reasonable export during cancellation.

9. Service Availability

TrackWell is delivered as a hosted SaaS service. We use commercially reasonable efforts to maintain availability, but the service is provided on an “as available” basis. Planned maintenance will be announced in advance where practical. Transient outages, third-party provider incidents (Neon, Vercel), and force majeure events may affect availability without advance notice.

10. Intellectual Property

TrackWell, including its code, design, copy, and documentation, is the property of TruePulse Systems. These Terms grant your clinic a limited, non-exclusive, non-transferable license to access and use the hosted service during your subscription. You retain all rights in the data your clinic enters.

11. Disclaimers & Limitation of Liability

TrackWell is provided “as is” and “as available”without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the service will be error-free, uninterrupted, or that it will produce any particular regulatory outcome.

To the maximum extent permitted by law:

• TruePulse Systems is not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or regulatory fines, even if advised of the possibility of such damages.
• Our total aggregate liability under these Terms, for any claim, will not exceed the amount your clinic paid us for the service in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow these limitations; in those jurisdictions our liability is limited to the smallest extent permitted by law.

12. Indemnification

Your clinic agrees to defend and indemnify TruePulse Systems against any third-party claim arising out of (a) your clinic's violation of law or regulation, (b) your clinic's breach of these Terms, or (c) data your clinic entered that was inaccurate, unlawful, or infringing.

13. Confidentiality

Each party agrees to keep the other's non-public information confidential and to use it only to operate or use the service. This does not apply to information that is independently developed, publicly known, or lawfully received from a third party.

14. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Maricopa County, Arizona, and the parties consent to the personal jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms as the product evolves. Material changes will be announced in-app and via email to the clinic administrator at least 30 days before taking effect. Continued use of the service after the effective date constitutes acceptance.

16. Contact

Billing questions, cancellation notices, and any other questions about these Terms should be directed to:

Laci Clement — TruePulse Systems
Email: laci@truepulseai.com
Web: trackwellrx.com