Terms of Service

Tiny Watermelon, LLC
13307 Cedarbrook Ave NE
Albuquerque, NM 87111
Email: hi@tinywatermelon.com
Website: tinywatermelon.com

Watermelon is a software-as-a-service platform designed for therapy organizations. The Services may include appointment scheduling assistance, cancellation recovery workflows, appointment offer distribution, provider schedule management, authorization tracking, reporting tools, administrative tools, audit logging, and related software features. The Services are intended for use by therapy organizations and their authorized personnel.

Customer represents that it is legally authorized to enter into these Terms. Users must be at least eighteen (18) years old. The Services are not intended for direct use by children.

Customer is responsible for maintaining authorized users, restricting account access, ensuring account information remains accurate, and all activity occurring under Customer accounts. Tiny Watermelon may suspend access where unauthorized use, fraud, security risks, or legal concerns are identified.

Where Customer is a Covered Entity under HIPAA and Tiny Watermelon acts as a Business Associate, the parties shall be governed by a separate Business Associate Agreement. Customer shall not permit PHI to be entered into the Services until a Business Associate Agreement has been accepted.

Customer retains ownership of all Customer Data. Customer grants Tiny Watermelon a limited, non-exclusive license to host, store, process, transmit, and display Customer Data solely as necessary to provide the Services. Customer is solely responsible for the accuracy and legality of Customer Data and obtaining required consents and authorizations.

The Services, software, designs, workflows, user interfaces, documentation, trademarks, and related materials are owned exclusively by Tiny Watermelon. Except for the limited rights expressly granted herein, no rights are transferred to Customer. Customer shall not reverse engineer the Services, attempt to derive source code, modify or create derivative works, resell the Services without authorization, or remove proprietary notices.

Customer shall not violate applicable law, introduce malicious software, attempt unauthorized access, interfere with operation of the Services, use the Services to transmit unlawful content, or use the Services to compete with Tiny Watermelon.

Tiny Watermelon will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data, including multi-factor authentication, encryption in transit, role-based access controls, audit logging, and session management controls. No system can be guaranteed completely secure.

Tiny Watermelon will use commercially reasonable efforts to maintain availability of the Services. The Services may be unavailable due to scheduled maintenance, emergency maintenance, third-party service failures, internet disruptions, or circumstances beyond reasonable control. No specific uptime commitment is provided unless separately agreed in writing.

The Services may rely upon third-party providers, including hosting, infrastructure, communication, and database providers. Tiny Watermelon is not responsible for failures caused by third-party providers outside its reasonable control.

Customer agrees to pay all fees specified in applicable agreements, order forms, or subscription plans. Fees are non-refundable unless otherwise required by law. Failure to pay may result in suspension or termination of Services.

These Terms remain effective while Customer uses the Services.

Either party may terminate the relationship in accordance with any applicable subscription agreement. Tiny Watermelon may suspend or terminate access immediately if Customer materially breaches these Terms, creates security risks, or continued access may violate law.

Upon termination, Customer access will cease, Customer Data will be retained pursuant to applicable retention policies, and outstanding payment obligations survive.

The services are provided “as is” and “as available.” To the maximum extent permitted by law, Tiny Watermelon disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free operation.

To the maximum extent permitted by law, Tiny Watermelon shall not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, or business opportunities. The aggregate liability of Tiny Watermelon arising out of or relating to the Services shall not exceed the fees paid by Customer during the six (6) months preceding the event giving rise to the claim.

Customer shall defend, indemnify, and hold harmless Tiny Watermelon and its officers, employees, and affiliates from claims arising from Customer Data, Customer’s use of the Services, Customer’s violation of law, or Customer’s breach of these Terms.

The parties agree to attempt good-faith resolution of disputes before initiating formal proceedings. Any dispute arising from these Terms shall be resolved through binding arbitration. Either party may bring qualifying claims in small claims court.

These Terms shall be governed by the laws of the State of New Mexico without regard to conflict-of-law principles.

Tiny Watermelon may modify these Terms from time to time. Material changes may be communicated through the platform, email, or other reasonable means. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

Questions regarding these Terms may be directed to:
Tiny Watermelon, LLC
hi@tinywatermelon.com
13307 Cedarbrook Ave NE
Albuquerque, NM 87111