Terms of Service

Effective Date: February 5, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the Sounder website, the Sounder HIPAA compliance scanning tool, and any related services (collectively, the “Services”). Sounder (“we,” “us,” or “our”) is a registered DBA of Sounder and is based at 4753 N. Broadway, Suite T110, Chicago, Illinois 60640

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Definitions

“Sounder” refers to the HIPAA compliance platform and managed services operated by Sounder.

“User,” “you,” or “your” refers to any individual or entity accessing or using the Services.

“Free Scan” refers to the complimentary HIPAA compliance website scan available through the Sounder website.

“Managed Services” refers to Sounder’s paid HIPAA compliance remediation and ongoing monitoring services, which are governed by separate service agreements.

“Scan Report” refers to the results and findings delivered to you following a HIPAA compliance scan.

“Target Website” refers to the website URL you submit for a HIPAA compliance scan.

2. Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Description of Services

3.1 Free HIPAA Compliance Scan

Sounder offers a free website scanning tool that analyzes publicly accessible pages of a Target Website for common HIPAA compliance issues. These issues may include, but are not limited to, the presence of third-party tracking technologies (such as Google Analytics, Meta Pixel, and social media pixels), embedded video and map services, Google Fonts, and form elements that may collect protected health information (PHI) without adequate safeguards.

3.2 Managed Compliance Services

Sounder offers paid managed services to remediate HIPAA compliance issues identified through the scan and to provide ongoing compliance monitoring. Managed Services are subject to separate service agreements, statements of work, and pricing agreed upon between you and Sounder. These Terms govern the use of the Sounder website and the free scanning tool; Managed Services are additionally governed by the applicable service agreement.

3.3 Scan Methodology

The Sounder scanning tool analyzes publicly available HTML, CSS, JavaScript, and metadata of the Target Website. The tool does not access password-protected areas, patient portals, backend systems, databases, or any stored patient data. Scans are conducted using industry-standard web crawling methods and third-party scanning infrastructure.

4. User Responsibilities and Acceptable Use

4.1 Authorization to Scan

By submitting a URL for scanning, you represent and warrant that:

  • You are the owner, operator, or authorized representative of the Target Website, or you have been granted permission by the owner to submit it for scanning.
  • The scan will not violate any applicable law, regulation, or third-party agreement.
  • You will not use the Services to scan websites for malicious purposes, competitive intelligence gathering without authorization, harassment, or any unlawful purpose.

4.2 Prohibited Conduct

You agree not to:

  • Attempt to gain unauthorized access to the Sounder platform, scanning infrastructure, servers, or any associated systems.
  • Use automated tools, bots, or scripts to interact with the Services in a manner that could overload, impair, or disrupt our systems.
  • Reverse-engineer, decompile, or attempt to extract the source code or proprietary methodologies of the Sounder scanning tool.
  • Submit false or misleading information, including fabricated contact details or URLs.
  • Use the Services in any manner that could damage, disable, or impair the functionality of the Sounder platform.
  • Resell, redistribute, or commercially exploit the Services or Scan Reports without Sounder’s prior written consent.

5. Intellectual Property

5.1 Ownership

All content, technology, software, branding, and materials associated with Sounder and the Sounder website—including but not limited to the scanning algorithms, report templates, website design, logos, and written content—are the exclusive property of Sounder and are protected by applicable intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. This license does not permit you to copy, modify, distribute, or create derivative works based on the Services or any component thereof.

5.3 Scan Reports

Scan Reports generated for you are provided for your internal use only. You may share Scan Reports within your organization or with advisors acting on your behalf. You may not publicly distribute, publish, or use Scan Reports for commercial purposes (such as reselling compliance audits) without Sounder’s prior written consent.

6. Disclaimers

6.1 No Legal or Compliance Advice

Sounder is a diagnostic and informational tool. Scan Reports and any related communications do not constitute legal advice, regulatory guidance, or a certification of HIPAA compliance or non-compliance.

HIPAA compliance is a complex, multi-faceted obligation that extends far beyond website tracking technologies. A Sounder scan evaluates specific, publicly observable aspects of a website and does not assess organizational policies, procedures, training, business associate agreements, physical safeguards, or other components of a comprehensive HIPAA compliance program.

You should consult with qualified legal counsel, HIPAA compliance consultants, and/or your organization’s privacy officer before making compliance decisions based on a Scan Report.

6.2 Accuracy of Results

While we strive for accuracy and continuously improve our scanning technology, Sounder cannot guarantee that every compliance issue will be detected or that every finding will be applicable to your specific circumstances. Scan results are based on a point-in-time analysis of publicly accessible content and may not reflect all tracking technologies, server-side configurations, or third-party integrations present on the Target Website.

Websites are dynamic, and their compliance status can change at any time due to content updates, plugin changes, theme modifications, or third-party script behavior.

6.3 “As Is” Basis

THE SERVICES ARE 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, TITLE, AND NON-INFRINGEMENT. SOUNDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOUNDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL SOUNDER’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO SOUNDER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

This limitation applies even if Sounder has been advised of the possibility of such damages and even if a remedy set forth herein fails of its essential purpose.

8. Indemnification

You agree to indemnify, defend, and hold harmless Sounder and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of or access to the Services
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your submission of a URL for scanning that you were not authorized to submit
  • Any claim by a third party arising from your use of the Services or Scan Reports

9. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to the practices described in the Privacy Policy.

10. Third-Party Services and Links

The Services may reference or contain links to third-party websites, tools, or resources. These links are provided for your convenience and do not constitute an endorsement by Sounder. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Our scanning infrastructure utilizes third-party services (such as ScraperAPI for web crawling) to perform scans. While we select our vendors carefully and require appropriate contractual protections, we are not responsible for the acts or omissions of third-party service providers.

11. Modifications to the Services and Terms

11.1 Service Changes

Sounder reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

11.2 Terms Changes

We may update these Terms from time to time. When we make material changes, we will update the “Effective Date” at the top of this page. Your continued use of the Services after the revised Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

12. Termination

We reserve the right to suspend or terminate your access to the Services at any time, for any reason, including but not limited to a violation of these Terms, without prior notice or liability. Upon termination, your right to use the Services will immediately cease.

Sections 5 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), and 13 (Governing Law) shall survive any termination of these Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, with arbitration to take place in Chicago, Illinois.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Managed Services agreements, constitute the entire agreement between you and Sounder regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without Sounder’s prior written consent. Sounder may assign these Terms without restriction.

14.5 Force Majeure

Sounder shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of government, internet outages, power failures, or third-party service disruptions.

15. Contact Information

If you have questions about these Terms, please contact us at:

Sounder
Attn: Legal / Terms of Service
4753 N. Broadway Suite T110, Chicago, Illinois 60640
Email: [email protected]
Phone: 312.600.4516