Terms of Service
Last updated: April 2026 · Draft — Pending Legal Review
These Terms of Service ("Terms") govern your access to and use of the GapClose platform and services ("Service") provided by GapClose ("we," "our," or "us"). Please read these Terms carefully before using the Service.
1. Acceptance of Terms
By accessing or using the GapClose platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you may not use the platform. These terms apply to all visitors, users, and others who access or use the Service.
2. Service Description
GapClose is a healthcare quality management platform that helps primary care practices identify and close HEDIS care gaps, recapture HCC revenue, and automate patient outreach. The platform processes patient panel data uploaded by users to generate gap analyses, worklists, reports, and communications.
3. User Accounts
You must create an account to use GapClose. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. You must provide accurate, current, and complete information during registration and keep your account information updated.
4. Acceptable Use
You agree to use GapClose only for lawful purposes and in accordance with these Terms. You agree not to: use the platform in any way that violates applicable laws or regulations (including HIPAA); upload data you are not authorized to process; attempt to gain unauthorized access to any part of the platform; interfere with or disrupt the platform or its infrastructure; or use the platform to transmit malicious code or content.
5. Data Privacy and HIPAA
Your use of the platform may involve the processing of protected health information (PHI) as defined by HIPAA. We will enter into a Business Associate Agreement (BAA) with covered entities prior to processing any PHI. A BAA is available upon request for all paid plans — contact [email protected] to initiate the process. Our handling of PHI is described in our Notice of Privacy Practices. You represent that you have the necessary authority and consent to upload patient data to the platform, and that you are a Covered Entity or acting on behalf of one.
6. Data Processing
GapClose processes patient data solely for the purposes of healthcare quality measure analysis, care-gap identification, HCC recapture, and related reporting as described in our service documentation. We do not sell patient data. We do not use patient data for purposes outside the scope of our BAA. Data uploaded to GapClose remains under the control of the uploading practice. We process data on servers located within the United States. Upon account termination, all patient data is deleted within 90 days unless otherwise required by law or your BAA.
7. Disclaimers
GapClose is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the platform will be uninterrupted, error-free, or completely secure. GapClose is a decision-support tool and does not provide medical advice, diagnosis, or treatment recommendations. All clinical decisions remain the sole responsibility of licensed healthcare providers. Gap and risk indicators surfaced by the platform are based on claims and clinical data provided by the practice and may be incomplete or out of date.
8. Limitation of Liability
To the fullest extent permitted by law, GapClose and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, resulting from your use of or inability to use the platform. Without limiting the foregoing, GapClose shall not be liable for any clinical decisions, patient outcomes, or treatment actions taken or not taken based on information presented by the platform. The platform is an informational aid, and responsibility for clinical judgment rests entirely with the treating provider. Our total aggregate liability for any claims arising out of or related to the Service shall not exceed the fees you paid to us in the twelve (12) months preceding the claim.
9. Termination
We may terminate or suspend your account and access to the platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the platform will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
10. Contact
If you have any questions about these Terms of Service, please contact us at: [email protected]