The whole deal. This Agreement, together with all order forms and all terms and policies that are included in this Agreement by reference (including by reference to a URL), constitutes the entire Agreement and supersedes all prior agreements between you and Mindbody regarding the subject matter of this Agreement. In the event of an opposition between an order form and this agreement, the order form takes precedence. This Agreement supersedes and supersedes all prior and simultaneous agreements, proposals or assurances, written or oral, between Mindbody, on the one hand, and you or a related company, on the other hand. This Agreement applies to any use of the Services, whether in combination with a paid subscription or a free trial version. For greater clarity, this Agreement does not apply to the use of the Mindbody App. Any changes we make will take effect if we post an amended version of the Agreement on company.mindbodyonline.com/legal/terms-of-service (or any other URL specified by Mindbody) that may be updated from time to time by Mindbody, and we agree that the changes will not apply retroactively. If we make substantial changes to the agreement, we will also notify you within the software service or by email. If you continue to use the Services after changes, it means that you have accepted them. If you do not agree with the changes, you must stop using the Services and terminate your account by sending email@example.com an email. It is your duty to ensure that you read, understand and approve the latest version of the agreement. The above legend in the agreement indicates when it was last modified. This Agreement applies to applications that allow you to access our software, such as the Mindbody Business App, but not to the Mindbody App or our APIs (governed by separate agreements).
HIPAA. The Health Insurance Portability and Accountability Act of 1996 („HIPAA”) imposes rules for the protection of certain personal health information or „PHI” within the meaning of the HIPC. If you or a related company is subject to HIPAA and you provide or process PHI in connection with the Services, you must notify Mindbody before accessing or using the Services and enter into a counterparty agreement („BAA”) in the form provided by Mindbody. You are solely responsible for determining whether you or related companies are subject to HIPAA….