Effective as of January 1, 2017, last updated December 9, 2018
Thank you for choosing TrueAccess (“TrueAccess”, “we”, “us”, “our”).
By signing up or otherwise using our websites and software
applications (together, the “TrueAccess Service” or “Service”) you are
entering into a binding contract with TrueAccess LLC. Use of the
TrueAccess Service relies on several technical requirements.
If you wish to review the terms of the Agreements,
the effective version of the Agreements can be found on
TrueAccess’s App. You acknowledge that you have read and
understood the Agreements, accept these Agreements, and
agree to be bound by them. If you don’t agree with (or cannot
comply with) the Agreements, then you may not use the
Please read the Agreements carefully. They cover important
information about TrueAccess Services provided to you and any
charges, taxes, and fees we bill you. The Agreements include
information about future changes to the Agreements, automatic
renewals, limitations of liability, privacy information, a class action
waiver, and resolution of disputes by arbitration instead of in
You also promise that any registration information that you submit
to TrueAccess is true, accurate, and complete, and you agree to
keep it that way at all times.
2 Changes to the Agreements
Occasionally we may, at our discretion, make changes to the
Agreements. When we make material changes to the
Agreements, we’ll provide you with prominent notice as
appropriate under the circumstances, e.g., by displaying a
prominent notice in the App or by sending you an email. In some
cases, we will notify you in advance, and your continued use of
the Service after the changes have been made will constitute
your acceptance of the changes. Please therefore make sure you
read any such notice carefully. If you do not wish to continue
using the Service under the new version of the Agreements, you
may terminate the Agreements and service.
3 Use of TrueAccess
Our Services & Paid Subscriptions
TrueAccess provides vendor credentialing services for healthcare
facilities and assists these facilities in regulating and monitoring
vendor access. Use of the service requires a paid annual
subscription and requires purchase of badge hardware. The
badge requires batteries to function normally and these are
provided on an ongoing basis at a nominal cost through the
TrueAccess battery program.
4 Rights we grant you
The TrueAccess Service is the property of TrueAccess. We grant
you a limited, non-exclusive, revocable license to make use of the
TrueAccess Service. This License shall remain in effect until and
unless terminated by you or TrueAccess. The TrueAccess
software applications is licensed, not sold, to you, and
TrueAccess retains ownership of all copies of the TrueAccess
software applications and Content even after installation on your
personal computers, mobile handsets, tablets, and/or other
relevant devices (“Devices”).
All TrueAccess trademarks, service marks, trade names, logos,
domain names, and any other features of the TrueAccess brand
(“TrueAccess Brand Features”) are the sole property of
TrueAccess or its licensors. The Agreements do not grant you any
rights to use any TrueAccess Brand Features whether for
commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the
TrueAccess Service in any manner not expressly permitted by
the Agreements. Except for the rights expressly granted to you
in these Agreements, TrueAccess grants no right, title, or
interest to you in the TrueAccess Service.
Third party software (for example, open source software libraries)
included in the TrueAccess Service are licensed to you either
under the Agreements or under the relevant third party software
library’s license terms as published in the help or settings section
of our desktop and mobile client and/or on our website.
5 Third Party Applications
The TrueAccess Service is integrated with third party applications,
websites, and services (“Third Party Applications”). These Third
Party Applications may have their own terms and conditions of
use and privacy policies and your use of these Third Party
Applications will be governed by and subject to such terms and
conditions and privacy policies. You understand and agree that
TrueAccess does not endorse and is not responsible or liable for
the behavior, features, or content of any Third Party Application or
for any transaction you may enter into with the provider of any
such Third Party Applications.
6 Rights you grant us
In consideration for the rights granted to you under the
Agreements, you grant us the right to allow the TrueAccess
Service to use the processor, bandwidth, and storage hardware
on your Device in order to facilitate the operation of the Service.
7 User guidelines
We’ve established a few ground rules for you to follow when using
the Service, to make sure TrueAccess functions as designed for
the benefit of health care facilities, vendors, vendor’s companies
and patients. Please follow these rules.
Vendors are required to:
carry an IOS or Android phone with the TrueAccess APP
downloaded and installed
sign into the App and remain signed into it
display their badge on a lanyard or with a badge clipped to
their shirt and visible at all times in the healthcare facility
have working batteries in the badge at all times
have the APP running in the background or foreground
set Location to Always
set Background Refresh ON
set Bluetooth ON
set Wifi on
open the APP if the badge light does not turn on while in a
contact TrueAccess if the badge does not turn on despite
opening the APP while in a contracted facility
upload all required documents by specified deadlines
sign all hospital policies by specified deadlines
complete required conflict of interest statement(s)
The following is not permitted for any reason whatsoever:
turning the phone off in a contracted facility
setting bluetooth OFF
setting Airplane mode ON
setting location service to anything but 'ALWAYS' while
inside a contracted healthcare facility
deleting the APP
sharing a badge with another person
using another vendor’s badge or attempting to circumvent
the system in any other way.
Your password protects your user account, and you are solely
responsible for keeping your password confidential and secure.
You understand that you are responsible for all use of your
username and password on the Service. If your username or
password is lost or stolen, or if you believe there has been
unauthorized access to your account by third parties, please
notify us immediately and change your password as soon as
8 Service limitations and modifications
TrueAccess will make reasonable efforts to keep the TrueAccess
Service operational. However, certain technical difficulties or
maintenance may, from time to time, result in temporary
interruptions. To the extent permissible under applicable law,
TrueAccess reserves the right, periodically and at any time, to
modify or discontinue, temporarily or permanently, functions and
features of the TrueAccess Service, with or without notice, all
without liability to you, except where prohibited by law, for any
interruption, modification, or discontinuation of the TrueAccess
Service or any function or feature thereof.
9 Customer support
For customer support with account-related and payment-related
questions (“Customer Support Queries”), please email or call us.
We will use reasonable endeavors to respond to all Customer
Support Queries within a reasonable time frame but we make no
guarantees or warranties of any kind that any Customer Support
Queries will be responded to within any particular time frame and/
or that we will be able to satisfactorily answer any such queries.
10 Payments and cancellations
Paid Subscriptions are purchased directly from TrueAccess giving
you access to the TrueAccess Service for a specific time period
(“Pre-Paid Period”). Your payment to TrueAccess will
automatically renew at the end of the subscription period, unless
you cancel your Paid Subscription through your APP before the
end of the current subscription period. If you cancel your payment
or Paid Subscription and/or terminate any of the Agreements
before the end of the subscription period, we will not refund any
subscription fees already paid to us. If you cancel within 30 days
of renewing your service, a full refund will be generated.
TrueAccess may change the price for the Paid Subscriptions,
from time to time, and will communicate any price changes to you
in advance. Price changes for Paid Subscriptions will take effect
at the start of the next subscription period following the date of the
price change. As permitted by local law, you accept the new price
by continuing to use the TrueAccess Service after the price
change takes effect. If you do not agree with the price changes,
you have the right to reject the change by cancelling the
TrueAccess Service prior to the price change going into effect.
Please therefore make sure you read any such notification of
price change carefully.
11 Term and termination
The Agreements will continue to apply to you until terminated by
either you or TrueAccess. TrueAccess may terminate the
Agreements or suspend your access to the TrueAccess Service
at any time, including in the event of your actual or suspected
unauthorized use of the TrueAccess Service and/or Content, or
non-compliance with the Agreements. If you or TrueAccess
terminate the Agreements, or if TrueAccess suspends your
access to the TrueAccess Service, you agree that TrueAccess
shall have no liability or responsibility to you, and TrueAccess will
not refund any amounts that you have already paid, to the fullest
extent permitted under applicable law. Sections
4,8,10,11,12,14,15,16,17,18, 19 and 20, herein, as well as any
other sections of the Agreements that, either explicitly or by their
nature, must remain in effect even after termination of the
Agreements, shall survive termination.
12 Warranty and disclaimer
We endeavor to provide the best service we can, but you
understand and agree that the TrueAccess services is provided
and “AS AVAILABLE”, without express or implied warranty or
condition of any kind. You use the TrueAccess service at your
own risk. To the fullest extent permitted by applicable law,
TrueAccess makes no representations and disclaim any
warranties or conditions of satisfactory quality. TrueAccess
cannot warrant the service is free of malware or any other harmful
components and makes no representation and does not warrant,
endorse, guarantee or assume responsibility for any third party
application. You understand and agree that TrueAccess is not
responsible or liable for any transaction between you and third
party providers of third party applications or products or services.
As with any purchase of a product or service through any medium
or in any environment, you should use your judgement and
exercise caution where appropriate. No advice or information
whether oral or in writing obtained by you from TrueAccess shall
create any warranty on behalf of you from TrueAccess in this
13 Limitation and time for filing
You agree that, to the extent permitted by applicable law, your
sole and exclusive remedy for any problems or dissatisfaction
with the TrueAccess services is to uninstall any TrueAccess
software and stop using the TrueAccess service. To the fullest
extent permitted by law, in no event will TrueAccess, its officers,
shareholders, employees, agents, directors, subsidiaries,
affiliates, successors, assigns, suppliers, or licensors be liable for
(1) any indirect, special, incidental, punitive, exemplary, or
consequential damages (2) any loss of use, data, business, or
profits (whether direct or indirect), in all cases arising out of the
use or inability to use the TrueAccess service, regardless of legal
theory, without regard to whether TrueAccess has been warned of
the possibility of those damages, and even if a remedy fails of its
essential purpose; or (3) aggregate liability for all claims relating
to the TrueAccess service, third party applications more than the
amounts paid to TrueAccess during the prior twelve months in
question, to the extent permissible by applicable law.
Nothing in the Agreements removes or limits TrueAccess’s
liability for fraud, fraudulent misrepresentation, death or personal
injury caused by its negligence, and, if required by applicable law,
gross negligence. Some aspects of this section may not apply in some
jurisdictions if prohibited by applicable law.
To the fullest extent permitted by applicable law, you agree that
any claim against TrueAccess must be commenced within one (1)
year after the date the party asserting the claim first knows or
reasonably should have known of the act, omission, or default
giving rise to the claim; and there shall be no right to any remedy
for any claim not asserted within that time period.
14 Third party rights
You acknowledge and agree that the owners of the Content and
certain distributors (such as app store providers) are intended
beneficiaries of the Agreements and have the right to enforce the
Agreements directly against you. Other than as set out in this
section, the Agreements are not intended to grant rights to
anyone except you and TrueAccess, and in no event shall the
Agreements create any third party beneficiary rights. Furthermore,
the rights to terminate, rescind, or agree to any variation, waiver,
or settlement of the Agreements are not subject to the consent of
any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and TrueAccess only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to
the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
15 Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and TrueAccess, the Agreements constitute all the terms and conditions agreed upon between you and TrueAccess and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the TrueAccess Service may be governed by additional agreements. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
16 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by TrueAccess or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive TrueAccess’s or the applicable third party beneficiary’s right to do so.
TrueAccess may assign the Agreements or any part of them, and TrueAccess may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold TrueAccess harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the TrueAccess Service; and (4) your violation of any law or the rights of a third party.
19 Choice of law, and venue
Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Arizona, United States of America, without regard to choice or conflicts of law principles. Further, you and TrueAccess agree to the jurisdiction of Pima County Arizona to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them).
20 Contact us
If you have any questions concerning the TrueAccess Service or the Agreements, please contact us through the Contact Us section of the mobile App or website.
21 Badge Warranty
The badge is covered by a limited warranty for one year from date of purchase. In the event that the badge malfunctions as a result of a defect in materials or workmanship within the first year of use it will be repaired or replaced without charge. Damage to the badge as a result of negligence, water or heat damage, or theft or loss is not covered.