End User License Agreement
Effective Date: May 23, 2026
PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING LIBERAITE. BY CLICKING “I AGREE,” ACCESSING, OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
1. Parties and Definitions
- “Premonition Health” (also “we,” “us,” or “our”) means Premonition Health, the developer and operator of the Liberaite platform.
- “Liberaite” or “Platform” means the cloud-based electronic health record (EHR) and clinic operations software, including all associated web and mobile applications, APIs, services, and documentation made available by Premonition Health.
- “Clinic” means the independent medical practice or healthcare organization that has entered into a separate subscription or service agreement with Premonition Health.
- “Clinic User” means any individual authorized by a Clinic to access the clinic-facing plane of the Platform, including providers, nurses, medical assistants, front desk staff, billing specialists, pharmacy technicians, and superusers.
- “Patient User” means any individual who accesses the patient portal plane of the Platform to view their own health information or communicate with a Clinic.
- “User” means, collectively, Clinic Users and Patient Users.
- “Protected Health Information” or “PHI” has the meaning set forth in 45 C.F.R. § 160.103, as promulgated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations.
2. License Grant
2.1 Clinic Users
Subject to the terms of this Agreement and the Clinic’s subscription agreement with Premonition Health, Premonition Health grants each Clinic User a limited, non-exclusive, non-transferable, revocable license to access and use the clinic-facing plane of the Platform solely for the internal clinical operations of the authorized Clinic during the applicable subscription term.
2.2 Patient Users
Subject to the terms of this Agreement, Premonition Health grants each Patient User a limited, non-exclusive, non-transferable, revocable license to access and use the patient portal plane of the Platform solely to view their own health information and communicate with their Clinic.
2.3 Restrictions
Users may not:
- Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Platform or any portion thereof;
- Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Platform;
- Access or attempt to access data belonging to any person other than the User or, for Clinic Users, patients of the authorized Clinic;
- Use the Platform for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation, including HIPAA, the HITECH Act, and applicable state privacy laws;
- Use automated scripts, bots, or scrapers to interact with the Platform except via authorized API integrations;
- Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
3. Account Registration and Security
Access to the Platform requires authentication through Liberaite’s identity and access management system. Users are responsible for maintaining the confidentiality of their credentials and for all activities that occur under their account. Users must immediately notify their Clinic administrator (Clinic Users) or Premonition Health (Patient Users) of any unauthorized use or suspected breach of account security.
Clinic Users are subject to role-based access controls (“RBAC”) configured by the Clinic’s Superuser or administrator. Your access within the Platform is limited to the permissions assigned to your designated role.
4. PHI, HIPAA Compliance, and Data Handling
Premonition Health operates as a Business Associate (as defined under HIPAA) to Clinics that are Covered Entities. Clinical data entered into or generated by the Platform is subject to a Business Associate Agreement (“BAA”) between Premonition Health and the applicable Clinic. Patient Users acknowledge that:
- The Platform may display PHI about them, derived from records maintained by their Clinic;
- Patient Users may submit secure messages and patient-authored notes directly to the Platform, which will be visible to their Clinic’s staff;
- Consent to data sharing may be revoked at any time; revocation stops forward sharing but does not alter or delete existing clinical records;
- Delegate access may be granted to a third party (e.g., a family member or caregiver) with Clinic approval and may be self-revoked at any time.
Premonition Health implements technical safeguards including encryption in transit and at rest, access controls, audit logging, and PHI sanitization procedures before any clinical data is transmitted to third-party AI services.
5. Ownership and Intellectual Property
The Platform, including all software, algorithms, databases (excluding Clinic- and patient-generated data), user interfaces, documentation, and related materials, is the exclusive property of Premonition Health and is protected by copyright, trade secret, and other intellectual property laws.
Clinic-generated clinical data and patient-generated data remain the property of the applicable Clinic and/or patient, respectively. Premonition Health does not claim ownership of User-submitted content.
Premonition Health may use aggregated, de-identified data derived from Platform usage for the purposes of improving the Platform, product analytics, and research, provided such use complies with HIPAA de-identification standards (45 C.F.R. § 164.514).
6. Third-Party Integrations
The Platform integrates with third-party services including, but not limited to, electronic fax and SMS communications, practice management and billing bridge services, email delivery, and identity providers. These integrations are subject to the terms and privacy policies of the respective third parties. Premonition Health is not liable for the acts or omissions of third-party service providers beyond its reasonable control.
7. Acceptable Use
Users agree to use the Platform solely for its intended clinical and healthcare operational purposes. The following are expressly prohibited:
- Entering false, inaccurate, or fabricated clinical information;
- Accessing another patient’s records without proper authorization;
- Using the Platform to transmit unsolicited communications or marketing materials;
- Circumventing or attempting to circumvent any access control or security measure;
- Using the Platform in a manner that constitutes fraud or abuse under any federal or state healthcare program.
8. Availability and Modifications
Premonition Health will use commercially reasonable efforts to make the Platform available but does not guarantee uninterrupted or error-free access. Premonition Health reserves the right to modify, update, suspend, or discontinue the Platform or any feature thereof at any time with reasonable notice to affected Clinics. Continued use of the Platform following any modification constitutes acceptance of the updated terms.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” PREMONITION HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PREMONITION HEALTH DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE PLATFORM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT. CLINICAL DECISIONS REMAIN THE SOLE RESPONSIBILITY OF LICENSED HEALTHCARE PROVIDERS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREMONITION HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PREMONITION HEALTH’S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOUR CLINIC FOR THE PLATFORM IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
11. Indemnification
You agree to defend, indemnify, and hold harmless Premonition Health and its affiliates, officers, directors, employees, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your use of the Platform in violation of this Agreement; (b) your violation of any applicable law or regulation; or (c) your infringement of any third-party intellectual property right.
12. Termination
This Agreement and your right to access the Platform will terminate automatically if you violate any provision of this Agreement. Premonition Health may also terminate or suspend access at the direction of the applicable Clinic (for Clinic Users) or for cause (for Patient Users). Upon termination, you must immediately cease all use of the Platform. Sections 5, 9, 10, 11, 13, and 14 survive termination of this Agreement.
13. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Kansas, without regard to its conflict-of-law principles. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Kansas. You waive any objection to venue or jurisdiction in such courts.
14. General Provisions
- Entire Agreement. This Agreement, together with any applicable subscription or service agreement and BAA between Premonition Health and your Clinic, constitutes the entire agreement between the parties with respect to the subject matter hereof.
- Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver of future enforcement.
- Updates. Premonition Health may update this Agreement from time to time. Continued use of the Platform after notice of an update constitutes acceptance of the revised terms.
15. SMS Terms & Conditions
By confirming your mobile number and enabling text messaging in the Premonition Health patient portal, or by providing consent on intake paperwork or verbally to staff, you agree to receive SMS text messages from Premonition Health, including appointment reminders, lab-result availability, billing and payment notices, account and membership updates, and care-coordination messages.
- Message frequency varies.
- Message and data rates may apply.
- To opt out at any time, reply STOP. You will receive a confirmation and no further messages unless you opt back in by replying START.
- For help, reply HELP or call (316) 789-6049.
- Carriers are not liable for delayed or undelivered messages.
- Participation is voluntary and is not a condition of receiving care.
Text-messaging consent is not shared with third parties or affiliates. For details on how we collect consent and handle text-messaging data, see Section 13 of our Privacy Policy.
16. Contact Information
Questions regarding this Agreement should be directed to:
Premonition Health
Email: legal@premonition.health
Website: https://premonition.health