Effective May 3, 2026 · Last updated May 3, 2026

Terms of Service

These Terms of Service ("Terms") govern access to and use of the Empower Medical chronic-care-management ("CCM") platform at app.emprimecare.com (the "Platform") and the marketing website at emprimecare.com, both operated by Empower Medical Primary Care PLLC ("Empower Medical," "we," "us"). By accessing or using either, you agree to these Terms.

1. Who can use the Platform

The Platform is offered to licensed primary-care practices, their authorized clinicians and staff, and other healthcare organizations entering into a written subscription or service agreement with us (each, a "Customer"). The Platform is not intended for use by patients directly or by individual consumers.

2. Service description

The Platform supports chronic-care-management workflows including time tracking, care-plan authoring, billing-readiness review, EMR synchronization, and audit logging. Specific features and service levels are governed by the Customer's order form or subscription agreement.

3. Accounts and access

Customers create individual user accounts for their authorized personnel. Customers are responsible for safeguarding credentials, controlling who at their organization receives access, and revoking access promptly when staff change roles. Each user must keep their credentials confidential and must not share accounts.

4. Business Associate Agreement

A signed Business Associate Agreement ("BAA") between Empower Medical and the Customer is required before any protected health information ("PHI") is processed in the Platform. The BAA is incorporated into these Terms by reference. In the event of a conflict between these Terms and the BAA with respect to PHI, the BAA controls.

5. Acceptable use

You agree not to:

Use the Platform to process PHI of patients for whom your organization does not have a treatment, payment, or operations purpose under HIPAA.
Reverse-engineer, copy, or attempt to extract the Platform's source code or proprietary methods, except as permitted by applicable law.
Interfere with, probe, or disrupt the Platform's security or normal operation.
Resell or relicense the Platform to a third party without our written consent.
Use the Platform to violate any applicable law, including HIPAA, state privacy law, or CMS billing rules.

6. Customer data

Customers retain ownership of all data they or their patients enter into the Platform ("Customer Data"). We process Customer Data only as needed to operate the Platform, support the Customer, and meet our legal obligations, and only in accordance with the BAA where PHI is involved. We will not sell or use Customer Data for marketing.

7. Service availability

We aim for high availability but do not guarantee uninterrupted service. Maintenance, third-party outages, and force-majeure events may cause temporary unavailability. Service-level commitments, if any, are stated in the Customer's order form or subscription agreement.

8. Fees and payment

Fees are set out in the Customer's order form or invoice. Unless otherwise agreed in writing, fees are due net 30 from the invoice date and are non-refundable except where required by law.

9. Intellectual property

Empower Medical retains all rights, title, and interest in the Platform, the marketing website, and all related software, designs, trademarks, and documentation. Customers receive only a limited, non-exclusive, non-transferable right to use the Platform during the subscription term.

10. Termination

Either party may terminate a Customer's subscription as set out in the order form. We may suspend or terminate access for material breach of these Terms or the BAA, for non-payment, or where required by law. On termination, the Customer may export Customer Data for a reasonable period, after which we will delete or return the data per the BAA.

11. No medical advice from this website

The marketing website at emprimecare.com is informational. Nothing on it is medical advice, diagnosis, or treatment. The Platform is a tool that supports clinicians; it is not a substitute for clinical judgment, and clinicians remain responsible for care decisions made about their patients.

12. Disclaimers

EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT, THE PLATFORM AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE TERMS OR THE PLATFORM. EACH PARTY'S TOTAL LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING UNDER HIPAA OR FOR FRAUD.

14. Indemnification

Each party will defend the other against third-party claims arising from its breach of these Terms, the BAA, or applicable law, and will pay damages and reasonable attorneys' fees finally awarded against, or settled by, the indemnified party with the indemnifying party's consent.

15. Governing law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. The exclusive forum for any dispute is the state or federal courts located in Kings County, New York.

16. Changes to these Terms

We may update these Terms as the Platform evolves. Material changes will be communicated through the Platform or by direct notice to Customers. Continued use after the effective date of a change constitutes acceptance.

17. Contact

Empower Medical Primary Care PLLC
580 Crown St
Brooklyn, NY 11213
Phone: (347) 770-0102
Email: info@emprimecare.com