Sounds like there is a lot of debate and discussion on the EULA and what it all really means. Let me give you my perspective, which has over time, grown, changed, and has had to be adapted as I deal with third-party companies with contractual requirements (e.g., the AMA and their royalty requirements for using CPT codes) and with a multitude of clients of differing skills, attitudes, and demands.

Here it is in a nutshell: The EULA is meant to make it clear that there may well be multiple problems with the program that I've not been able to find, or if found, have not been able to fix due to a lack of understanding, or time, or resources. The EULA is about covering my [censored] and it should be understood that anybody using Amazing Charts does so at their own risk and that I make no guarantees or warrantees about the program, the data being saved, or my willingness to provide support. There it is. Blunt, honest, and with minimal legal bullshit. (This, by the way, is the concept of the EULA from day one, and is no different in intent, though I've had to reword it to make it clearer to the types of clients I'll describe more below.)

So why should anybody use Amazing Charts? Maybe you shouldn't. But for those who have reviewed the site, understand where I'm coming from, and appreciate my frank opinion, here is what Amazing Charts is about:

1. Amazing Charts is a work in progress. It is not complete, and won't be for awhile longer. The big features I feel are lacking are a complete Practice Management solution, Health Maintenance & more robust reporting abilities, and online Practice/Patient Services. This is my focus over the next months and years. Other user requests are also added to the development process as complexity and resources allow.

2. I provide Amazing Charts as I would want to buy and use software. Free to try the full version for well over 2 months, and then reasonably priced. The point of the free trial and affordable price is to have clients understand what Amazing Charts can do - and what it can't do - before they spend any money.

3. Because I am providing an affordable alternative, I do not have the staff or resources to offer 24/7 live support, invoicing, nor do I take responsibility for people's network issues or using Amazing Charts outside the realm of how it is designed and described. Clients can use Amazing Charts as it is. If it works, great. If it doesn't, I'll try to figure out why and fix it, but if I can't solve the problem, or you can't help me with the steps I need to identify the problem, or if you simply can't accept me not finding a solution in your required time frame, then you shouldn't use Amazing Charts. I expect clients to understand this and be supportive and appreciative for what I do offer at such a low price.

While all this may sound rather cold and harsh, most of you who know me well, understand I am trying to make life for us physicians - working just to stay afloat and make an acceptable living - better, and that Amazing Charts strives to follow our pledge: We will treat you fairly, honestly, and the way we would want to be treated ourselves. We want you to be thrilled! Thrilled with our cost, our software, and our services. Happy clients mean good word-of-mouth, and good word-of-mouth is why we are one of the fastest growing EMR companies in the country. (We, of course, expect the same from you in return.)

What I have learned as Amazing Charts approaches 1500 practices and I've had the opportunity to work with a myriad of personalities, is that this really is no different than my medical practice. While the vast majority of my patients are considerate, appropriate, and appreciate my role in their lives, there are a very small group of patients who are either inappropriate to me or my staff, or simply demand significantly more of my practice resources than is reasonable based on my compensation and the needs of my other patients. Usually these are Axis II-like patients who call every day, write long diatribes demanding a response, bad-mouth me and my practice, and are incapable of understanding another's point of view or accepting that I can't help them whenever they want. To keep myself, my staff, and my practice functioning and enjoyable, I sometimes have to dismiss these patients from the practice.

And just as a very small percentage of my patient population has these traits which makes having a working relationship beyond my ability, so too does a very small percentage of my Amazing Charts clients (well under 0.1%). Just as I need to be able to legally withdraw my medical care of a small subset of these extremely difficult patients, I too must have a way to end a relationship with an abusive Amazing Charts customer.

That said, Of our 1475 practices to date, only two clients have actually been told I was revoking their license. In both these cases, the client was either inappropriate to me, a member of my staff, or demanded so much attention that it impacted our ability to help others. These clients were not denied access to their data - in fact I went out of my way to unlock their Amazing Charts databases for them so they have perpetual access to all their data (just as I would release any dismissed patient records).

What really frustrates me is when a client now upset with how I'm doing things forgets the hours upon hours of time my staff and I have spent in the past troubleshooting various issues well outside the realm of Amazing Charts, such as their own network problems which caused problems in the first place. For me, when a client I've worked hard to help despite it really not being my responsiblilty comes back acting like an asshole - they lose my respect and my willingness to help them beyond the letter of our EULA and support services. If they then openly badmouth Amazing Charts, they get their license yanked.

The bottom line is this: I will strive to improve Amazing Charts, work to continually add features and improve the usability of Amazing Charts, and to make the practice life of my clients easier. It will take time, but I am committed to do this, and to do it fairly and affordably. In exchange, I expect clients to spend time learning how the program works, pay us on time and in the manner specified on our site, be loyal and positive about what Amazing Charts offers given the price, all while feeling free to provide constructive criticism and input.

Hope this clarifies where I stand and why the EULA is what it is. Thanks for all your support in making Amazing Charts the best it can be.

Jon

P.S. And perhaps most importantly, how would you recommend I change the EULA to address both my issues and preserve my right to jettison the assholes, while addressing your concerns about access to the program and data?

Jonathan Bertman, MD, FAAFP
President
Amazing Charts