What is a breach of contract? I have signed an EMR software license.

A perpetual license generally authorizes use of a specific version of a software program indefinitely with the payment of a single upfront fee. However, software companies usually limit supplemental support and updates to a specific time (i.e., three years) and when that period ends, gives the customer the option to use the current version with or without paid support. Consequently, if there is a perpetual license in place your company should be free to continue to use your particular version of the software indefinitely without the requirement to move to a subscription-based plan unless your company requires tech support or any type of update/upgrade to continue to use the software which does not seem to be the case here. Nevertheless, the original user agreement and any ancillary agreements should be reviewed to determine factors such as the actual type of license and the powers/rights of the software vendor and your company to terminate or invalidate the license. If you would like a legal review of the user agreement/services contract you can post a contract review project on this platform, based on your question, to receive and compare multiple proposals from licensed attorneys who are registered and verified. Once you receive a response from an attorney you will be able to correspond through the platform to help with your decision to hire that attorney for the project.

Terms of use and terms of service are both legally binding documents that a user must agree to and abide by in order to use your website or service. The main difference is that what is usually called terms of use is intended for any user accessing (visiting) your website. Terms of service will be directed for those who not only visit the website but also choose to purchase (or try if there is a trial period) the service offered. Both documents are similar but each contains unique terms. Because both are legal documents and can be binding if the terms within them are legitimate it is recommended to have a legal professional draft them and tailor those specific terms relevant for your website and/ or service. Any information provided as an answer to these questions does not constitute legal advice and does not create an attorney-client relationship between the attorney and anyone in relation to any information provided under the Q & A section of this website.

Terms of service can be a binding contract (if your terms of service are not binding they are basically useless). In most cases, if a user had actual or constructive notice that the use of the service is subject to the terms of service and the user has accepted the terms of service online then those terms of service will become a contract just as if the user has physically signed it. If however, after signing electronically the user is also required to sign a physical copy to become a customer the physical copy will usually prevail. Any information provided as an answer to these questions does not constitute legal advice and does not create an attorney-client relationship between the attorney and anyone in relation to any information provided under the Q & A section of this website.

The Privacy Policy should be located on your website from the moment your website is "up in the air" therefore it is recommended to contact a lawyer to draft it at least 2 weeks prior to the launching of the website. The privacy policy provides information to visitors of the website on the operators of the website collect, use, store and protect the personal data of the visitors. Personal data can be information provided by the users (personal and financial is most common) or information collected automatically such as IP. Each privacy policy should be tailored to the specific website or app. Any information provided as an answer to these questions does not constitute legal advice and does not create an attorney-client relationship between the attorney and anyone in relation to any information provided under the Q & A section of this website. it is being used because the exact content of the privacy policy is dependent upon the function of the site that it relates to, the information it gathered, and how it is being used. An important note about PP is that certain countries and states have specific rules regarding the use of their residence data and those should be addressed in your PP if you are planning to operate in these areas.

If you are planning to operate in California, USA it is recomended to address the CCPA. California is the first state in the US to enact a state statute addressing the privacy rights of the state residents (but it is estimated that other states will follow). The CCPA provides specific rights for users located in CA, those include the right to know what personal data is being collected, whether this data is disclosed or sold to any 3rd party, (and to disagree to the sale), the right to access their personal data, request a deletion of their information, and more. These rights should be addressed in your privacy policy and contain additional sections and information laid out for CA residents. Any information provided as an answer to these questions does not constitute legal advice and does not create an attorney-client relationship between the attorney and anyone in relation to any information provided under the Q & A section of this website.