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Terms and Conditions

Last Modified: February 9, 2026​

Application and Acceptance of these Terms of Use​

These Terms of Use apply to Software and Services, including IntelliPract®, InSched, PatientConnection, Practice Portal, Patient Portal, any additional services provided to You by Us, or support for any of those (“Software” or “Support”) and govern Your access to and use of Software or Support.

These Terms of Use are agreed to between you and any other individual, corporation, or other entity on whose behalf you accept these terms of use and/or on whose behalf you use Software (collectively “You”, “Your”, “User” or “Customer”) and Diego Software, LLC (“We, “Us”, “Our”, or "Diego"). Diego Software, LLC also does business (DBA) as IntelliPract® Support; Pinnacle Automation, LLC; PatientConnection; and PtConn, and operates under the Internet domains of ptconn.com, pinnacleautomation.net, diegosoft.com, diegosoftware.com, patientconnection.net, and intellipract.com, among others.

Where Terms of Use reference laws, those references include, without limitation, Federal, State, and local laws, and any other laws that may be applicable (collectively “Laws”).

Please read these Terms of Use before you use Software or Support. By using Software or Support, by creating an account on the Sites, or by accessing the Sites, You accept these Terms of Use and agree to be bound by them. If you do not agree to abide and be bound by these Terms of Use, You must not access or use Software or Support.

In addition to these Terms of Use, You acknowledge and agree that Your use of Software, Support, and Site is subject to our Privacy Policy and any other policies in place when you access or use the Software, Support, or Site.

These Terms apply to the SCOPE OF PRIVACY POLICY described in our Privacy Policy

If you do not agree to abide by or be bound by these Terms or any of our other policies, then do not use Software, Services, or Site, and do not register for an account and do not access or use the Site.

Modification of these Terms of Use​

We may revise the Terms of Use from time to time in Our sole discretion and without notice to You. You agree to be bound to such Modifications posted to Our website. If You do not wish to be bound to such Modifications, You must discontinue Your access and use of Software and Support within 30 days. When Modifications are posted, they will have a “Last Modified” date near the beginning of the document.

Your continued use of Software, Support, or Site after any such changes are posted constitutes your acceptance of the new Terms.

We reserve the right to withdraw or amend Software or Support or to limit any individual’s use of Software or Support at any time. We will not be liable if any Software or Support are unavailable for any period of time.

Use of Software and Support​

Software and Support are exclusively for business use as it relates to Your relationship with Diego. You may allow Your employees and contractors to access Software and Support on Your behalf in compliance with these Terms of Use and any other agreements you may have with Diego.

Where You are asked to provide registration details or other information to Diego or in connection with Software and Support, You agree to provide information that is correct, current, and complete. You agree that any use of Software or Support is also subject to Our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Our Privacy Policy.

You agree to safeguard Your username, password, and other credentials (“Credentials”), and not to disclose Credentials except in accordance with these Terms of Use. Should you believe that Credentials have been compromised or disclosed or that Software or Support may have been subject to unauthorized access, You agree to notify Us as quickly as reasonably possible.

We have the right to disable any Credentials at any time in our sole discretion, including if, in Our opinion, You have violated any provision of these Terms of Use.

You agree not to (1) sell, resell, rent, or lease Software or Support. (2) reverse engineer or remove any proprietary marking or restrictive legends in Software or Support, (3) use Software or Support to store or transmit infringing, unsolicited marketing, libelous or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation privacy rights), (4) interfere with or disrupt the integrity or performance of Software or Support, (5) attempt to gain unauthorized access to Software or Support or Our systems or networks, (6) use Software or Support in violation of any Laws, including without limitation HIPAA, Telephone Consumer Protection Act (TCPA), spam Laws (for example and without limitation CAN SPAM), privacy Laws, and Laws addressing electronic health records, or (7) access Software or Support to build a competitive product or service, copy any feature, function, or graphic of Software or Support for competitive purposes.

You agree to give Diego a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use information provided by You or in connection with Your use of Software or Support, as Diego, in its sole discretion, reasonably believes appropriate to provide Software or Support, as well as creation and retention of de-identified data.

Should You fail to pay agreed upon fees due to Diego for any purpose, You agree that Diego will have no obligation to provide information in Diego’s possession or control until you remedy such non-payment.

Restrctions on Use​

You may not use the Site:

  • If you are under 18.
  • In any way or for any purpose that is against any local, state, federal or any other applicable laws.
  • To exploit, solicit or harm minors.
  • To post or submit any Content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
  • To promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful.
  • To attempt to interfere with or disrupt the Software, Support, or Sites, or any person’s ability to use the Software, Support, or Sites.
  • For any purpose for which the Software, Support, or Sites are not intended.

Your Compliance with Medical Record Retention Laws and Patient Records Access​

You are responsible for understanding and complying with all Laws related to retention of medical records, patient access to information, and patient authorization to release data. You understand that use of Software or Support may include storage of patient information in Diego’s systems. You agree that you will obtain any necessary patient consent prior to using Software or Support, and You agree to indemnify and hold harmless Diego for the requirements of any Laws.

Authority to Send Communications​

If You have requested Diego to send email, text messages, or other communications to Your patients or to any other individual, You represent and warrant that You have the authority to grant authorization for such communication, and do grant Diego that authorization. Further, if You provide a phone number or email address to Us, you agree to receive communications from Diego at those phone numbers or email addresses. You are not required to consent to receive such communications, and You agree to opt out of such communications if you choose not to receive them.

No Practice of Medicine or Law​

You understand that Diego does not engage in the practice of medicine or provide any professional health care or legal services. Use of Software and Support is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. All material on the site ("Content") is for informational purposes only.

Your Agreement to Pay Fees​

You agree to pay to Diego all fees in accordance with payment terms You have agreed to.

You understand and agree that Diego may suspend or terminate my use of Software and Support if You have not paid amounts owed to Us when due. Diego agrees to make commercially reasonable efforts to send a minimum 10-day notice of payment default to you prior to suspension or termination.

Should fees for Software or Support have lapsed for less than one year, You may reinstitute Software and Support for a period of not less than twelve months by paying the applicable fees backdated to the time of lapse. Should fees for Software or Support have lapsed for more than one year, You may be required to purchase the current version of Software and Support at the then-current prices.

Discontinuation of Software and Support​

Diego reserves the right (i) upon six-months written notice prior to commencement of any renewal period to discontinue Software or Support if such Software or Support will be discontinued for all similarly situated customers, and (2) upon 60-days written notice prior to any renewal period to alter the prices for Software and Support.

Your Service Account; Email Consent; Text Message Consent​

In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account ("Service Account"). It is your responsibility to maintain the confidentiality of your Service Account information, including your Service Account password.

In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Site or Sites or to your Service Account.

You agree to provide us with accurate, current and complete information about yourself as may be prompted in any registration forms on the Site and promptly update any such information to keep it accurate, current and complete.

We reserve the right to refuse to provide services to anyone, including terminating your Service Account and/or preventing you from accessing the Site or Sites or your Service Account, with or without cause, at any time and in our sole discretion.

By using the Site or Sites, you consent to receive emails (and, if you have previously provided your phone number and your consent to receive text messages, text messages) from us and from the Practices with which you have a relationship regarding your account, which may include commercial text messagess and emails, provided such emails are in accordance with the preferences you select in the email and notifications page of the My Profile section of the Site.

You may change such preferences by changing your account settings on the email and notifications page of the My Profile section of the Site or via the unsubscribe link in all commercial emails.

Please note that as long as you maintain a Service Account, you may not "opt out" of receiving service or account-related emails from us and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You are not required to provide us with your phone number, nor are you required to consent to receive text messages, in order to use the Services, Support, or Sites.

You can cancel the SMS service at any time. Just text "STOP" to any text message you receive from us. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, or reply "START" to any text message you had received from us, and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@intellipract.com or by calling +1-480-289-5300.

As always, message and data rates may apply for any messages sent to You from Us and to Us from You. You may receive a variable frequency of messages depending on the type of message you have requested, and may receive four reminder messages for appointments if you have requested appointment reminder messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Our Intellectual Property Rights​

We grant you a limited, personal, revocable, non-assignable and non-exclusive license to use the Site. We own the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site ("Our Content"), excluding your Submissions.

We own the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Our Content and the Site which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.

You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display or create derivative works based on any of the Our Content in whole or in part, or the Site except as expressly authorized in writing by us.

In addition, we do not grant any express or implied rights in and to the Site or Our Content, and all rights in and to the Site and Our Content are retained by us.

DISCLAIMER OF WARRANTIES​

YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT SOFTWARE, SUPPORT, OR SITES WILL WORK CORRECTLY, AND THAT YOUR USE OF THE SOFTWARE, SUPPORT, AND SITES IS AT YOUR OWN RISK.

SOFTWARE, SUPPORT, AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIEGO NOR ANY PERSON ASSOCIATED WITH DIEGO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DIEGO NOR ANYONE ASSOCIATED WITH DIEGO REPRESENTS OR WARRANTS THAT SOFTWARE AND SUPPORT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THE DEFECTS WILL BE CORRECTED, THAT SOFTWARE AND SUPPORT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SOFTWARE AND SUPPORT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU UNDERSTAND AND AGREE THAT ANY DOCUMENTS PROVIDED WITH OR THROUGH SOFTWARE, SUPPORT, AND SITES HAVE NOT BEEN REVIEWED BY LEGAL COUNSEL FOR YOUR USE, AND THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS AND LEGALITY OF ANY SUCH DOCUMENTS, WE DO NOT GUARANTEE THAT SUCH DOCUMENTS COMPLY WITH APPLICABLE LAWS IN YOUR JURISDICTION, AND WE SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF SUCH DOCUMENTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, DIEGO HEREBY DISCLAIMS ALL WARRANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIEGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SOFTWARE OR SUPPORT, WITH THE DELAY OR INABILITY TO USE SOFTWARE OR SUPPORT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FUNCTIONALITY ASSOCIATED WITH SOFTWARE OR SUPPORT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INTELLECTUAL PROPERTY OBTAINED THROUGH SOFTWARE, SUPPORT, OR SITES, OR OTHERWISE ARISING OUT OF THE USE OF SOFTWARE, SUPPORT, OR SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIEGO OR ANY OF ITS AGENTS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF SOFTWARE OR SUPPORT, YOUR SOLE AND EXCLUSIVE REMIDY IS TO DISCONTINUE USE OF SOFTWARE AND SUPPORT.

NOTWITHTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF DIEGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES (EXCLUDING HIPAA VIOLATIONS) SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO DIEGO FOR SOFTWARE AND SUPPORT WITHIN THE 12-MONTH PERIOD PRECEEDING THE EVENT WHICH GAVE RISE TO THE CLAIM. LIMITATIONS ON LIABILITY RELATED TO HIPAA VIOLATIONS ARE AS SPECIFIED IN THE BUSINESS ASSOCIATES AGREEMENT ADDENDUM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No Carrier Liability​

Carriers are not liable for delayed or undelivered messages.

No Representations​

Diego makes no representations whatsoever about any other website You may access through Software or Support.

Compliance with Laws​

As a condition of your use of Software or Support, You warrant to us that You will not use Our Software or Support for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use Software or Support in any manner which could damage, disable, overburden, or impair Software or Support or interfere with any other party’s use of Software or Support.

Idea Submission Policy​

You may choose from time to time to provide Us and our employees your ideas, including ideas for new advertising campaigns, new promotions, new or improved solutions, products or technologies, solution or product enhancements, processes, marketing plans or new solution or product names. You agree that (1) Your submissions and their contents will automatically become both the legal and equitable property of Diego, without any compensation to You, (2) We may use or redistribute the submissions and their contents for any purpose and in any way without limitation, (3) there is no obligation for Us to review the submission, (4) there is no obligation to keep any submissions confidential, and (5) You hereby agree to waive absolutely any and all moral rights or broadly equivalent rights You may have arising from Your submissions and their contents so far as is lawfully possible.

Export Controls​

You acknowledge that Software and Support are subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export Software or Support, directly or indirectly, to any countries subject to U.S. export restrictions.

Proprietary Rights​

Software and Support, including its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are owned by Diego, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Governing Law and Jurisdiction​

We control and operates the Software, Support, and Sites from our offices in Scottsdale, Arizona in the United States, and we do not represent that Software, Support, Site, the Content, Our Content or the Submissions by users are appropriate, available or may be downloaded for use outside the United States.

If you are located outside the United States and you use the Site and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable.

These Terms and the Site are governed by United States federal law and the laws of the State of Arizona, excluding any conflicts of law provisions. Registering for a Service Account, accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Maricopa County, Arizona.

All matters related to Software or Support and these Terms of Use, and any dispute or claim arising therefore or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or of Software or Support shall be instituted exclusively in the Federal Courts of the District of Arizona, or the State Courts of Arizona in and for Maricopa County, Arizona, although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your jurisdiction or country of residence or any other relevant jurisdiction or country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

You agree to indemnify and hold Us harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) Your Submissions or any other Content You post or submit to or through Software, Support, or Site; (b) Your use of Software, Support, and Site; (c) Your conduct in connection with Software, Support, or Site or with other users of Software, Support, or Site, and; (d) any violation of these Terms, any other of Our policies or of any law or the rights of any third party.

Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration, You and We waive any right to a jury trial.

Arbitration​

At our sole discretion, We may require You to submit any disputes arising from these Terms of Use or use of Software or Support, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

Limitation on Time to File Claims​

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SOFTWARE OR SUPPORT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No Waiver​

No waiver by Diego of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Diego to assert, exercise, or enforce any right or provision under these Terms of Use or any other of our Polices referenced herein, or any prior version of the Policies, shall not constitute a waiver of such right or provision.

Severability​

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Notices to Us​

You may contact us by e-mail or postal mail, but all formal notifications required under these Terms or otherwise must be made by postal mail at the following address:

James M. Nachbar, MD
Diego Software, LLC
8896 E. Becker Lane, Suite 102
Scottsdale, AZ  85260

This contract is in electronic form. There may be other information regarding Software, Support and Site that the law requires us to send You. You agree that we may send You this information in electronic form.

You have the right to withdraw this consent, but if You do, We may terminate Your ability to use Software, Support, and Site.

We may provide required information to You (1) via e-mail at the e-mail address You specified when You signed up for the Software, Support, or Site (or subsequently provided when updating Your account information), (2) by access to a website that will be designated in an e-mail notice sent to You at the time the information is available, or (3) by access to a website that will be generally designated in advance for this purpose.

Notices provided to You via e-mail will be deemed given and received on the transmission date of the e-mail. As long as You access and use the Software, Support, or Site, You agree that You will maintain the necessary software and hardware to receive these notices. If You do not consent to receive any notices electronically, You must stop using the Software, Support, and Site immediately.

Survival of Termination​

Sections entitled Our Intellectual Property Rights, DISCLAIMER OF WARRANTIES, No Representations, Compliance with Laws, Idea Submission Policy, Export Controls, Proprietary Rights, Governing Law and Jurisdiction, Arbitration, Limitation on Time to File Claims, No Waiver, Severability, Your Notices to Us, and Our Notices to You; Consent Regarding Electronic Information shall survive the termination of these Terms.

Entire Agreement​

These Terms of Use, our Privacy Policy, and any Subscription Agreement, constitute the sole and entire agreement between You and Diego regarding Software and Support, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Software and Support.

Diego Software, LLC, Does Business As (DBA) IntelliPract® Support, PatientConnection, Pinnacle Automation, LLC, and PtConn. We can be reached at:

Diego Software, LLC
8896 E. Becker Lane, Suite 102
Scottsdale, AZ, USA. 85260
support@intellipract.com
480-289-5300