Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of getacuitybh.com (the "Website") and, where separately contracted, the Acuity clinical-operations platform (together, the "Service"), operated by Acuity Behavioral Health, Inc. ("the Company," "we," "us," or "our"), located at 1230 Peachtree Street NE, Suite 1900, Atlanta, GA 30309. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms govern your use of the public website and any informational or demonstration interactions. If your facility has entered into a separate Master Service Agreement or similar contract with the Company governing access to the Acuity clinical-operations platform, that agreement governs the clinical platform use; these Terms apply to the extent not superseded by that agreement.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.

The Acuity platform is a clinical decision-support and operational tool. It surfaces behavioral signals and staffing intelligence to support the judgment of qualified nursing and clinical leadership. It does not diagnose patients, make clinical treatment decisions, or replace the professional judgment of licensed clinical staff. Users are responsible for all clinical decisions made using or in conjunction with the Service.

3. Intellectual Property

The Service, including all text, graphics, logos, software, and underlying models, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose. Nothing in these Terms transfers ownership of our intellectual property to you.

4. User Content and Data Submitted Through the Website

You are responsible for any content you submit through the Website, including via contact or demo request forms. You represent that you have all necessary rights to submit such content. You grant us a limited license to use, store, and process the content as necessary to provide the Service and respond to your inquiry.

Separately, data submitted through the Acuity clinical-operations platform by facility users (including PHI) is governed by the applicable Business Associate Agreement and Master Service Agreement between the Company and the facility. That data belongs to the facility; the Company processes it only as authorized by those agreements.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Acuity platform provides operational information to support clinical judgment. It does not constitute medical advice, a clinical diagnosis, or a recommended treatment. All clinical decisions remain the sole responsibility of qualified licensed professionals at the facility.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100 FOR WEBSITE USERS, OR THE AMOUNTS ACTUALLY PAID BY YOUR FACILITY TO THE COMPANY IN THE THREE MONTHS PRIOR TO THE CLAIM FOR PLATFORM SUBSCRIBERS.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive, including Sections 3, 5, 6, 7, 9, and 10.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Georgia, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Georgia, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact

Acuity Behavioral Health, Inc.
1230 Peachtree Street NE, Suite 1900
Atlanta, GA 30309
Email: [email protected]
Phone: +1 (404) 892-1700