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Customer-Specific Supplement (2018-02-05)

This document is archived and no longer in effect.

⚠️ This document is archived and no longer in effect.

The terms of the Customer-Specific Supplement (“Customer-Specific Supplement”) below supplement and amend the Customer’s Contract (as defined in our Customer Terms of Service) if the Customer falls into the corresponding category of Customer. If there is any conflict between the Customer-Specific Supplement and the Contract, the applicable terms in the Customer-Specific Supplement will prevail.

1. Healthcare Customers

The Customer acknowledges that Dovetail is not a “Business Associate” as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), and that the Services are not HIPAA compliant. The Customer must not use, disclose, transmit or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Services. The Customer agrees that we cannot support and have no liability for PHI received from the Customer, notwithstanding anything to the contrary herein.

2. Education Professional Customers

If the Customer is a school or educator in the United States and wants its students, who are over the age of 13, to use the Services, the Customer is responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”). This means the Customer must notify those students’ parents/guardians of the personally identifiable information that it will collect and share with us and obtain parental/guardian consent before its students sign up or use the Services. When obtaining such consent, the Customer should provide parents/guardians with a copy of our Privacy Policy.

The Customer must keep all consents on file and provide them to us if we request them. If the Customer is located outside of the United States, we will rely upon the Customer to obtain any required consents or approvals from the parent or guardian of any student covered by similar laws and, as a condition to the Customer’s and its students’ use of the Services, the Customer will comply with such laws.

3. Patent Assertion Entities

You agree that if the Customer is a Patent Assertion Entity or is acting on behalf of, or for the benefit of a Patent Assertion Entity, the Customer will not assert, or authorize, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against Dovetail that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a). This section will survive any termination or expiration of the Contract.

For questions and notices, please email

Updated 5 Feb 2018

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