Effective Date: 1 Jan 2026
By accessing or using this video platform (“Platform”), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you may not access or use the Platform.
This Platform is a HIPAA-compliant video hosting and embedding service provided exclusively for authorized healthcare organization personnel. The Platform’s sole purpose is to enable the secure embedding of video content on the healthcare organization’s public-facing website while maintaining compliance with the Health Insurance Portability and Accountability Act (HIPAA) and related privacy regulations.
This Platform is not intended for public access. It serves as the backend infrastructure for video delivery to website visitors.
Access to this Platform is restricted to:
Unauthorized access is strictly prohibited and may be subject to legal action.
Authorized users may use this Platform to:
You may not:
Credential Management: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Unauthorized Access: You must immediately notify the Platform administrator of any unauthorized use of your account or other security breach.
Account Termination: Your access may be terminated immediately without notice if you violate these Terms or if your employment or contractor relationship with the healthcare organization ends.
Minimal Data Collection: This Platform is designed to minimize data collection in compliance with HIPAA requirements.
Data We Collect:
End-User Viewer Data: When videos are embedded on the healthcare organization’s website:
HIPAA Compliance: This Platform operates under a Business Associate Agreement with the healthcare organization. All data handling, storage, and transmission comply with HIPAA Security Rule and Privacy Rule requirements.
PHI Handling: Users must not upload video content containing identifiable patient information unless:
Ownership: The healthcare organization retains all rights to video content uploaded to the Platform. The Platform operator claims no ownership of user-uploaded content.
Platform Technology: The Platform software, infrastructure, and interface are the property of the Platform operator or its licensors and are protected by copyright and other intellectual property laws.
License Grant: By uploading content, you grant the Platform operator a limited, non-exclusive license to host, store, transmit, and display the content solely for the purpose of providing the Platform services.
Appropriate Content: All uploaded video content must:
HIPAA Compliance Responsibility: Users are responsible for ensuring that uploaded content complies with HIPAA and other applicable privacy laws.
Content Removal: The Platform operator reserves the right to remove content that violates these Terms, applicable laws, or poses security risks.
Retention Period: Video content and associated data will be retained according to the healthcare organization’s record retention policies and applicable legal requirements.
Deletion Requests: Upon termination of service or at the healthcare organization’s request, content will be securely deleted according to HIPAA-compliant data destruction procedures.
Backup Retention: Deleted content may persist in encrypted backups for up to [Insert Period] before permanent destruction.
We reserve the right to:
Continued use of the Platform after changes constitutes acceptance of modified terms.
Security Measures: The Platform implements administrative, physical, and technical safeguards required by the HIPAA Security Rule, including:
Incident Reporting: Users must immediately report any suspected security incidents, data breaches, or unauthorized access to [Insert Contact Information].
Breach Notification: In the event of a breach of unsecured protected health information, notification will be provided in accordance with HIPAA Breach Notification Rule requirements.
Availability Target: While we strive for maximum uptime, the Platform is provided without guaranteed availability percentages unless specified in a separate Service Level Agreement.
Support: Technical support is available to authorized administrators at [Insert Support Contact Information].
Maintenance Windows: Scheduled maintenance will be communicated in advance when possible.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
NOTWITHSTANDING THE ABOVE, NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATIONS OF APPLICABLE DATA PROTECTION LAWS INCLUDING HIPAA.
The healthcare organization agrees to indemnify, defend, and hold harmless the Platform operator, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:
The Platform operator’s obligations as a Business Associate under HIPAA are governed by a separate Business Associate Agreement executed with the healthcare organization. In the event of any conflict between these Terms and the Business Associate Agreement, the Business Associate Agreement shall control.
The healthcare organization and its authorized representatives reserve the right to audit the Platform operator’s compliance with HIPAA requirements and these Terms, subject to the provisions of the Business Associate Agreement.
By Healthcare Organization: The healthcare organization may terminate access at any time with or without cause.
By Platform Operator: We may terminate service for:
Effect of Termination: Upon termination:
These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to conflict of law principles. Any disputes arising from these Terms or use of the Platform shall be resolved in the courts of [Insert Jurisdiction].
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with the Business Associate Agreement and any executed Service Level Agreement, constitute the entire agreement between the parties regarding use of the Platform and supersede any prior agreements.
For questions about these Terms and Conditions or to report security incidents:
Platform Administrator: [client name] [client email] [client phone]
Platform Operator: Pilot Digital Marketing info@pilotdigital.com 773.809.5002
By using this Platform, you acknowledge that you:
Underlying Software License: This Platform is built on MediaCMS, which is licensed under the GNU Affero General Public License version 3.0 (AGPL-3.0). The AGPL-3.0 is a free, copyleft license that ensures the software remains open source.
Source Code Availability: In accordance with the GNU Affero General Public License v3.0, the complete source code for the MediaCMS software used in this Platform is available at:
If this Platform instance includes any modifications to the original MediaCMS source code, the modified source code is available upon request by contacting [Insert Contact Information].
Network Use Provision: Under the AGPL-3.0, when you interact with this Platform over a network, you are entitled to receive the source code of the software running on the server. This includes any modifications made to the original MediaCMS codebase.
No Additional Restrictions: These Terms and Conditions do not impose any additional restrictions on the rights granted by the GNU Affero General Public License v3.0 for the underlying MediaCMS software. The AGPL-3.0 license terms apply to the MediaCMS software components.
Separation of Terms: To clarify:
Requesting Source Code: To request the complete corresponding source code for the version of MediaCMS running on this Platform, including any modifications, please contact:
Sounder, Inc.
Email: info@sounderdata.com
Source code will be provided in accordance with AGPL-3.0 requirements at no charge beyond the reasonable cost of distribution.
No Warranty from License: The MediaCMS software is provided under AGPL-3.0 WITHOUT ANY WARRANTY, as specified in sections 15 and 16 of the AGPL-3.0 license. This aligns with Section 14 (Disclaimer of Warranties) of these Terms and Conditions.
License Compatibility: Users acknowledge that the AGPL-3.0 license of the underlying MediaCMS software requires that any modified versions of the software distributed or made available over a network must also be licensed under AGPL-3.0.
Third-Party Components: MediaCMS may include additional open source components licensed under compatible licenses. A complete list of third-party components and their respective licenses can be found in the MediaCMS source code repository.
This section is provided to comply with the requirements of the GNU Affero General Public License v3.0. For the complete license text and your rights under AGPL-3.0, please visit https://www.gnu.org/licenses/agpl-3.0.html