Last Updated: August 16, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES OFFERED BY AVARA SOFTWARE LLC ("AVARA," "WE," "US," OR "OUR"), INCLUDING CREATING AN ACCOUNT OR SIGNIFYING YOUR ACCEPTANCE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF, YOUR ORGANIZATION (IF APPLICABLE), AND ANY ASSOCIATED USERS OR PROVIDERS. IF YOU DO NOT AGREE TO THESE TERMS OR LACK THE AUTHORITY TO BIND YOUR ORGANIZATION, YOU MAY NOT USE THE SERVICES.
These Terms of Service ("Agreement") form a legal agreement between you and Avara Software LLC. They govern your use of our platforms, software applications, tools, APIs, and related services (the "Services"), including the Avara Clinical Platform, AutoScribe, Avara Viewer (including the free and Open DICOM experiences), Connect, Express, on-premises gateway equipment, the Patient Portal, and any related components.
You are agreeing to these terms as an individual and/or on behalf of an organization ("Organization") for which you act as an agent or representative. References to "you" or "your" include both the individual user and the Organization, including all users authorized under your account.
IMPORTANT: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS, AS DESCRIBED IN SECTION 21.
This Agreement applies to all of the Services. If you are aware that a Team Member no longer has the proper credentials or is no longer authorized to access the Services, you must immediately revoke their access.
Avara may update this Agreement from time to time. Updates are effective immediately when posted to this page. Please review this Agreement regularly. Avara has no obligation to notify you of updates except where a statute requires otherwise. Your continued use of the Services after an update is posted constitutes acceptance of the updated Agreement.
If you and Avara have entered into a mutually signed written contract or order form (a "Signed Contract") that expressly overrides a provision of this Agreement, the Signed Contract controls for that provision. Silence in a Signed Contract is not an override.
To the extent Avara handles Protected Health Information on your behalf, you must execute Avara's Business Associate Agreement ("BAA") in the product dashboard. Use of the Services without a signed BAA is not in compliance with this Agreement. By using the Services you also authorize Avara to engage upstream contractors and processors under Avara's own business associate agreements, including cloud infrastructure and artificial intelligence processors, as needed to provide the Services.
In case of conflict between this Agreement and the BAA with respect to the treatment of PHI, the BAA controls.
Account Owner: The individual who registers the account and is responsible for managing users, settings, and payments.
AI Features: Any artificial intelligence, machine learning, or automation feature in the Services, including those listed in Section 13 and any current or future feature of the same kind.
Content: Templates, documentation, images, software, and other digital materials provided or made available through the Services, including third-party licensed content.
De-Identified Data: Data that has been de-identified in accordance with HIPAA, including 45 C.F.R. § 164.514, or that is aggregated so that it does not identify any individual or Organization.
Dispute: Any disagreement or legal claim arising between you and Avara, regardless of legal theory.
HIPAA: The Health Insurance Portability and Accountability Act and associated regulations governing health data privacy and security.
Intellectual Property Rights: All intellectual property and proprietary rights under applicable law, including copyrights, trademarks, patents, and trade secrets.
On-Prem Equipment: Any gateway, PACS node, appliance, or similar equipment that Avara provides or authorizes you to operate on your premises or in your environment to send or receive data.
Patient: An individual receiving care from a provider who uses the Services to manage that care.
Patient Portal: The digital experience where Patients can view results, manage appointments, make payments, complete forms, and communicate with providers.
Personal Information: Information that directly or indirectly identifies an individual, including contact details, health data, and usage information.
Platform Account: The configuration that enables Avara to collect patient payments on your behalf through Stripe while you remain the merchant of record.
Protected Health Information (PHI): As defined by HIPAA, information about health status, the provision of health care, or payment that can be linked to an individual.
Services: The software, systems, features, APIs, and support provided by Avara, including those named in the opening of this Agreement.
Signed Contract: A mutually signed written contract or order form between you and Avara that expressly overrides a provision of this Agreement.
Team Member: Any user authorized by the Account Owner to access the Services under the account, including staff and contractors.
User Data: Data input into the Services by you or your Team Members, including PHI, patient records, images, notes, reports, and transaction data.
By agreeing to these Terms, you confirm that you are at least 18 years old, or the legal age of majority in your jurisdiction. If you are entering into this Agreement on behalf of an Organization, you represent that you have the authority to bind that Organization.
You agree to provide accurate, complete, and current registration information and to update it promptly. Avara may request documentation to verify your identity, professional credentials, or organizational affiliation at any time. Avara may suspend or terminate an account if registration information is false or misleading.
The Account Owner is responsible for all activity under the account, including the actions of Team Members. Each Team Member must have unique login credentials. Sharing credentials is prohibited and may result in suspension or termination.
You are responsible for safeguarding credentials and for ensuring that Team Members access the Services only for authorized purposes. Where multi-factor authentication is available, you should enable and require it. You must notify Avara immediately of any unauthorized access, suspicious activity, or security incident involving your account.
If you wish to transfer account ownership, you must follow Avara's transfer process, which may include identity verification and written authorization. You are solely responsible for liability resulting from failure to keep credentials confidential.
If your Organization serves minors, you are responsible for obtaining any required parental or guardian consents before their information is processed through the Services.
The Services are intended for users located in the United States. Access from other territories is at your own risk, and you are solely responsible for compliance with local law, including privacy and export controls. Avara makes no representation that the Services are appropriate or available outside the United States.
Avara may update, suspend, or restrict access to the Services from time to time to comply with law, maintain security, perform maintenance, or improve functionality. Avara is not responsible for loss or damages resulting from such interruptions. Avara is not obligated to maintain any specific feature.
Avara and its licensors own the Services, including all software, interfaces, documentation, models, and Intellectual Property Rights in them. This Agreement does not transfer ownership of any Avara intellectual property to you.
Subject to this Agreement and timely payment of applicable fees, Avara grants you a limited, non-exclusive, non-transferable, month-to-month license to access and use the Services for your internal operations and, where you white-label or resell as permitted below, for your authorized downstream users. The license continues only while you pay for usage and remain in good standing. It is revocable if you stop paying, if you materially breach this Agreement, or if Avara terminates access as provided here.
You may white-label the Services, embed Avara Viewer or AutoScribe, and resell access to your customers, provided that: (a) you do not transfer or purport to transfer Avara's Intellectual Property Rights; (b) you do not misstate the FDA status, intended use, or instructions for use of Avara Viewer or any other Avara product; (c) your downstream users are bound to terms no less protective of Avara than this Agreement; and (d) you remain fully responsible and liable for your downstream users' use of the Services.
Except as expressly permitted, you may not copy, modify, reverse engineer, decompile, or create derivative works of the Services, or use the Services to build a competing product. Feedback is addressed in Section 16.
The Services are provided on a pay-per-use, month-to-month basis unless a Signed Contract states a different term. Either you or Avara may cancel at any time, for any reason. A Signed Contract's termination terms control where they expressly conflict with this Section.
You agree to pay all usage and other fees incurred under your account, including taxes. You authorize Avara to charge your designated payment method. You must keep billing information current. If you believe a billing error has occurred on Avara usage or subscription charges, you must notify us within 30 days of the charge; otherwise the charge is accepted.
Avara usage and subscription fees are billed for the month in which you use the Services. If you cancel, you keep access at least through the end of that month. If you continue to use the Services after you cancel, you will be billed for that usage. All Avara usage and subscription fees are non-refundable except where required by law.
Avara may change pricing with reasonable notice via email or your account dashboard. Continued use after a price change is acceptance. Avara has no service-level agreement and offers no uptime credits.
Outstanding patient-payment debt, refund shortfalls, and chargeback amounts are addressed in Section 6 and survive cancellation until paid.
When patients pay through the Services, you are the merchant of record. Patient charges appear on your merchant category and are intended to support HSA, FSA, and similar payment methods under your account. Avara is not the merchant of record for those patient charges.
Enabling a Platform Account is irreversible. By enabling it, you accept the financial risk described in this Section, including refunds, chargebacks, dispute fees, and automatic recovery of amounts Avara funds on your behalf.
Patient payments collected on your behalf are processed through Stripe, Inc. Then-current processing fees applied through Stripe will be deducted from those payments. Additional amounts may apply for international payments, currency conversion, or other methods Stripe supports. Those processing fees are non-refundable and remain due even if you refund the patient.
If a patient refund or chargeback is issued through Avara or through your Stripe account and the connected balance cannot cover the amount, Avara may fund the refund or chargeback so the patient is made whole. The shortfall, plus any Stripe dispute or chargeback fees, becomes a debt you owe Avara.
Avara may automatically challenge chargebacks but has no duty to do so. If Avara skips a challenge, or if a challenge fails, you remain responsible for the amount and related fees, and Avara will recover them as described below.
Avara will recover clinic debt first by taking it from incoming patient payments. If the debt remains open for 14 days, Avara will charge the payment method on file. Whichever occurs first applies. Avara may continue this recovery, including after you cancel, until the balance is zero.
If you do not pay, Avara may suspend product access, send the account to collections, and continue to pursue the debt. You agree to pay late fees, interest, collection costs, and reasonable attorneys' fees to the extent permitted by Florida law.
You are fully responsible for all actions taken under your account, including those of Team Members and anyone you allow to access the Services. You must ensure that activity under your account complies with this Agreement, applicable law, and your professional obligations.
You agree not to:
If Avara suspects unauthorized, unlawful, or inappropriate use, Avara may suspend or terminate access at its discretion, with or without notice.
API keys, tokens, and similar secrets are highly sensitive credentials. They often grant broad access to your data. Your developers must treat them as they would production credentials: do not place them in client-side code, public repositories, screenshots, or tickets; scope them to the minimum access needed; and rotate them when staff change or a secret may have been exposed. You are liable for all activity under your keys.
If you use Avara Express or similar partner integrations, you are responsible for granting access only to users who are authorized members of the relevant Express organization. Any leakage of studies, reports, or other data because a user was given access they should not have had is your responsibility, not Avara's.
On-Prem Equipment does not store patient data. It does hold live PACS node credentials used to receive and push studies. You must secure the box as you would any credentialed clinical device.
If a box is stolen, missing, compromised, or taken out of service, you must report that to Avara immediately so credentials can be unauthorized. Deprecated boxes must be communicated to Avara as well. Failure to report promptly is your liability.
You retain ownership of User Data you or your Team Members submit or generate through the Services, including content generated with AI Features. You represent that you have all rights and authorizations needed to provide that data, including compliance with applicable privacy laws.
You grant Avara a limited, non-exclusive, royalty-free, worldwide license to use, host, store, process, reproduce, and display User Data as needed to provide, maintain, and support the Services, including billing, fraud prevention, legal compliance, and quality assurance.
Avara may create De-Identified Data from User Data. Once de-identified, that information is no longer PHI and is not subject to the BAA. Avara may use De-Identified Data, including after you stop using the Services, to train, tune, and improve models and features, to conduct research and analytics, and for other lawful commercial purposes that do not identify any individual or Organization. Avara does not sell, rent, or trade identifiable Personal Information or PHI.
There is no opt-out of de-identified training or analytics unless a Signed Contract expressly provides one. A Signed Contract may also limit Avara's post-offboarding use of De-Identified Data if it says so expressly.
You are solely responsible for User Data you and your Team Members input, including patient records, notes, images, and PHI, and for following HIPAA and other applicable law in how you manage and disclose that data. You agree not to upload data that violates intellectual property rights, is unlawful, or includes confidential third-party information without consent.
Avara may remove or restrict User Data that it believes violates this Agreement or law, and may retain logs and metadata for security and compliance.
Avara's privacy practices are described in the Privacy Policy. You are responsible for obtaining Patient and guardian consents required for your use of the Services. Sample forms, if provided, are a courtesy only.
If Avara is compelled by law to disclose User Data, Avara may notify you unless prohibited or asked not to by law enforcement, and will limit the disclosure to what is required.
If a security incident occurs on Avara's systems, Avara will notify you as required by the BAA and applicable law. That notification is the remedy available under this Agreement. Avara does not pay damages, credits, monitoring costs, fines, or defense costs in connection with such an incident, except to the extent a court of competent jurisdiction finally determines that Avara's fraud or willful misconduct caused the incident and an award is required by law.
Incidents arising from your credentials, API keys, Express access decisions, unreported On-Prem Equipment, or failure to follow reasonable security practices are solely your responsibility. You indemnify Avara for those incidents as provided in Section 18.
Avara retains User Data for up to seven (7) years, or longer if applicable state or federal law requires. After that period, Avara may delete the data. If you want retention beyond that period, you must request it and we will need a separate agreement on cost and responsibility. Avara may refuse a deletion request when retention is required by law.
After cancellation, you have sixty (60) days to archive and export, with reasonable assistance from Avara. Avara is not a migration vendor and has no obligation to operate a full data-migration service.
If you want a bulk export, the most Avara will do is dump data into a cloud storage bucket that belongs to you. Avara charges no service fee for that dump. You pay the egress fees Avara's cloud provider charges Avara, passed through to cover cost only. Imaging and non-imaging data are treated the same for this purpose: no Avara service fee, egress pass-through only.
After the export window, your account may remain with paid features and support disabled. You may continue to read and access clinical and patient data until each record reaches the end of its retention period. You remain responsible for your own archives and professional record-keeping duties.
Patients who use the Patient Portal are not Avara's commercial customer. Their access is under your direction. They do not receive a separate commercial bargain with Avara under this Agreement. Clinical data about a Patient may remain accessible to you for the retention period in Section 11, or longer if you contract for extended retention. Patients must use the portal lawfully and only for their own care relationship with you.
The Services include AI Features. That term includes, without limitation, automatic speech transcription, AI-generated notes, impressions, and findings, clinical history summaries from the patient chart, impression comparison, follow-up and next-appointment suggestions, report validation, Omnibox, Ask mode, content comparison and merge tools, AI chat, and any current or future AI or automation feature, whether or not named here.
All AI Features that Avara provides are workflow optimizations. They are not a substitute for clinical judgment, professional expertise, independent verification, or your responsibility to provide appropriate patient care. You remain solely responsible for all clinical decisions and documentation, regardless of any AI output.
AI Features can mis-transcribe, omit, hallucinate, or produce plausible but wrong information. YOU ARE SOLELY RESPONSIBLE for reviewing, verifying, and validating all AI-generated content before relying on it for any purpose, including clinical care, documentation, or legal use.
The Services may display or ingest values produced by third-party tools, including third-party AI diagnostics and similar measurements. Avara does not name those vendors here and does not adopt their outputs. You are responsible for knowing that vendor's intended use, clearance status, and limitations. Those values are included in the Services as workflow conveniences only. You use them at your own risk. Avara has no responsibility for those values no matter how they are ingested, displayed, or used on the platform, and they do not replace clinical judgment.
Some AI Features use third-party processors. Avara's practice is to send de-identified data to those upstream AI providers. Avara also maintains business associate agreements with them as a failsafe. By using the Services you authorize that processing. Avara is not responsible for a third-party processor's performance, accuracy, or availability.
AI Features are provided "AS IS" and "AS AVAILABLE," without warranties of any kind. To the maximum extent permitted by law, Avara is not liable for errors, hallucinations, incorrect transcriptions, your reliance on unverified output, clinical decisions based on AI Features or third-party ingested values, or any consequence of using or misusing those features.
Avara Viewer is an FDA-cleared Class II diagnostic medical image management and processing system (prescription use). It is subject to FDA regulation, including its 510(k) clearance and labeling. AutoScribe, the Clinical Platform, Connect, billing, the Patient Portal, and PACS orchestration are not medical devices.
You may use Avara Viewer for diagnostic interpretation only as described in the instructions for use and electronic device label, which control intended use:
Off-label use, and use in an environment that does not meet the IFU (including without limitation absence of required browser or graphics capabilities such as WebGL2), is solely your risk. This Section is a use restriction. It is not a warranty that Viewer will meet any particular clinical or operational result.
By using Avara Viewer on behalf of an Organization to view or interpret images for a Patient, you attest, at no risk to Avara, that you are appropriately licensed and trained for that use and that you carry professional liability / malpractice coverage sufficient to cover yourself for that care. Clinical interpretation remains yours.
The same terms apply to paid, free, and Open DICOM uses of Avara Viewer.
Avara may offer beta or preview features. Avara will ask before enabling them for you and will not ship a beta feature to you unless you ask for or accept access. Beta features are provided "AS IS," may break or disappear, and carry no support obligation. Everything in Section 13 applies to beta AI Features.
We want to hear from you. We listen to feedback and, when something would help the platform as a whole, we often build it. We have no obligation to implement any request, and you will not be paid for feedback. You grant Avara a perpetual, irrevocable, royalty-free right to use feedback for any purpose.
Each party will not disclose the other's non-public business information — including non-public pricing, unpublished product plans, and non-public operations — except to personnel and contractors who need it and are bound to protect it, or as required by law. Public information, and information you use in the ordinary course of using the Services, is not confidential. A Signed Contract may set different confidentiality terms. This Section does not limit Avara's rights to use De-Identified Data under Section 10 or PHI under the BAA.
You will defend, indemnify, and hold harmless Avara and its officers, employees, and contractors from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your or your users' use of the Services, including clinical care and documentation; (b) User Data, including alleged IP or privacy violations; (c) compromised credentials, leaked API keys, or Express access granted to unauthorized users; (d) stolen, missing, or unreported On-Prem Equipment; (e) your failure to follow reasonable security practices; (f) third-party ingested values and third-party AI diagnostics you use; and (g) your white-label, embed, or resale of the Services.
Avara does not indemnify you. Avara's obligation in connection with an incident on Avara's systems is the notification described in Section 11.1.
EXCEPT FOR THE VIEWER USE RESTRICTIONS IN SECTION 14, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AVARA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AVARA DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, AND DOES NOT WARRANT THAT AI FEATURES OR THIRD-PARTY VALUES ARE ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA AND OTHER APPLICABLE LAW, AVARA'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT IS ZERO DOLLARS ($0), OR THE MINIMUM AMOUNT THE LAW ALLOWS IF A ZERO CAP IS UNENFORCEABLE. AVARA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, COST OF SUBSTITUTE SERVICES, BUSINESS INTERRUPTION, OR CLINICAL OR PATIENT OUTCOMES, EVEN IF ADVISED OF THE POSSIBILITY.
Without limiting the foregoing, Avara is not liable for outages, data loss, feature removal or modification, your or your users' clinical decisions, misreads, missed findings, documentation errors, AI output, third-party ingested values, or your security failures.
These limits do not apply to Avara's fraud or willful misconduct, or to any liability that cannot be limited under applicable law. They apply to the fullest extent the law allows, including ordinary negligence.
Avara strongly recommends that you maintain professional liability / malpractice coverage appropriate to your practice. If you use Avara Viewer as described in Section 14, you attest that you have that coverage. Cyber liability insurance is recommended if you use APIs or integrations, but is not required.
This Agreement does not give you a right to audit Avara, and Avara does not promise specific insurance policy limits.
Before filing a Dispute, you must send a written notice describing the claim to legal@avarasoftware.com and allow thirty (30) days to try to resolve it informally.
If the Dispute is not resolved, it will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is St. Petersburg, Florida. The arbitrator may award the same individual relief a court could award. Judgment on the award may be entered in any court with jurisdiction.
YOU AND AVARA WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. ARBITRATION AND COURT PROCEEDINGS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Either party may bring an individual action in small-claims court in Pinellas County, Florida, if the claim qualifies.
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to this arbitration clause, exclusive venue for any permitted court action is the state courts in Pinellas County, Florida, or the United States District Court for the Middle District of Florida.
Assignment. Avara may assign this Agreement, including in connection with a sale, merger, or financing. You may not assign this Agreement without Avara's prior written consent. Any attempted assignment in violation of this Section is void.
Severability. If a provision is held unenforceable, it will be modified to the minimum extent needed to make it enforceable, or severed, and the rest of the Agreement remains in effect. If the class waiver is found unenforceable as to a claim, that claim must proceed in court and not in arbitration.
Entire agreement. This Agreement, the BAA (as to PHI), the Privacy Policy (as to Avara's privacy practices), the Viewer IFU and device label (as to intended use of Viewer), and any Signed Contract are the entire agreement between you and Avara regarding the Services and supersede prior or contemporaneous terms on the same subject, except that a Signed Contract controls where it expressly overrides this Agreement.
Force majeure. Avara is not liable for delay or failure caused by events beyond its reasonable control, including utility or cloud-provider failures, labor disputes, acts of government, or natural disasters.
Survival. Sections that by their nature should survive termination survive, including Sections 4 (as to ownership), 5–6 (as to unpaid amounts), 10–14, and 16–22.
Notices. Legal notices to Avara must be sent to Legal Department, Avara Software LLC, 5015 4th St N, St. Petersburg, Florida 33703, and by email to legal@avarasoftware.com. Avara may notify you via the Services, the email on your account, or this page.
Waiver. A failure to enforce a provision is not a waiver. Waivers must be in writing to be effective.
Relationship. The parties are independent contractors. This Agreement does not create a partnership, joint venture, or employment relationship.
Export. You will not use or export the Services in violation of United States export or sanctions law.
Questions about these Terms:
Email: legal@avarasoftware.com
Address: Legal Department, Avara Software LLC, 5015 4th St N, St. Petersburg, Florida 33703
Effective Date: December 1, 2024
Last Updated: August 16, 2026