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Fee schedules, relative value units, conversion factors and/or related components are not
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These Terms and Conditions (“Agreement”) govern your use of the Medvise software (“Software”) provided by Medvise Corp (“Company”). By accessing or using the Software, you agree to be bound by these terms. If you do not agree with any part of these terms, you may not use the Software.
a. The Company grants you a non-exclusive, non-transferable, revocable license to use the Software for its intended purpose.
b. You may not sublicense, distribute, lease, or modify the Software without prior written consent from the Company.
When we collect personal data about you
- Enhance or improve User experience, our Site, or our Service.
- Send emails and updates about Conclude, Process transactions.
- Send emails about our Site or respond to inquiries.
If you enter into this agreement on behalf of a company, you hereby agree that the company is responsible under this Agreement for all actions and omissions conducted by its designated users of the Service.
a. The Software and all associated intellectual property rights are owned by the Company and protected by copyright and other laws.
b. You acknowledge and agree that any feedback, suggestions, or ideas you provide to the Company regarding the Software may be used by the Company without any obligation to compensate you.
Privacy and Data Protection:
Limitation of Liability:
a. The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the Software.
b. In no event shall the Company’s total liability to you exceed the amount paid by you, if any, for accessing or using the Software.
By using our App, you acknowledge and agree that the information and services provided through the App are for general informational purposes only. We do not provide medical advice, diagnosis, or treatment. Users are solely responsible for their use of the App and any reliance on the information provided. Any decisions made based on information obtained through the App are at the user’s own discretion and risk.
You agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use or inability to use the App or any unauthorized access to or use of our servers and/or any personal information stored therein.
You agree to indemnify and hold us, our affiliates, officers, directors, employees, agents, and partners harmless from and against any claims, demands, actions, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from your use of the App, your violation of these terms and conditions, or your violation of any rights of another party.
Users of the App understand and accept that the App is not a substitute for professional medical advice, diagnosis, or treatment. Users are solely responsible for their use of the App and any decisions made based on the information provided. We shall not be held liable for any consequences resulting from a user’s reliance on the App or its content.
We shall not be liable for any failure or delay in the performance of our obligations under this SLA or the WEB APP MEDVICE operation if such failure or delay is caused by events beyond our reasonable control, including, but not limited to, acts of nature, government actions, strikes, power outages, or other force majeure events.
We reserve the right to modify this SLA at our discretion, and any changes will be communicated to users through the App or our website. Continued use of the App after such changes constitutes acceptance of the modified SLA.
Users acknowledge that Medvise may involve interactions with third-party funders, including insurance providers and healthcare organizations, for purposes of payment and reimbursement. While we may facilitate or assist in the billing process by providing necessary documentation, we do not assume responsibility for the outcome of such billing or insurance claims. The responsibility for verifying coverage, submitting claims, and resolving billing disputes with funders or insurers rests solely with the user or their designated healthcare provider. Users should consult their insurance policies and healthcare providers for guidance on reimbursement, coverage, and claims processing. We do not guarantee the approval, accuracy, or timeliness of any insurance claims and disclaim any liability for claims processing or reimbursement-related issues. Users are encouraged to communicate directly with their funders or insurers for any billing or reimbursement concerns.
a. The Company reserves the right to terminate or suspend your access to the Software at any time without prior notice, for any reason or no reason.
b. Upon termination, your license to use the Software shall be revoked, and you must cease all use of the Software.
a. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of laws principles.
b. Any disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts located in Delaware.
Business Associate Obligations
Obligations and Restrictions
- Provider may not use or disclose PHI other than as described in this BAA, as permitted under the Privacy Rule, or as otherwise required by applicable law.
Permitted Uses and Disclosures
- Except as otherwise permitted or required in this BAA, Provider may only use or disclose PHI as reasonably necessary to provide the Services or as otherwise required by applicable law.
Privacy and Information Security Program
- Provider will maintain a privacy and information security program that takes steps to ensure that employees or agents of Provider comply with this BAA.
- This includes giving training to Provider’s workforce to ensure compliance with this BAA, implementing policies and practices that meet the current standards for the protection of PHI, and appointing Privacy and Security Officials as required under HIPAA.
- Provider will implement appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI that it receives, creates, maintains, or transmits on behalf of Company.
- Provider will maintain appropriate technical and organizational safeguards to reduce the risk of misuse or disclosure of PHI except as permitted under this BAA.
- In addition, Provider will comply with its obligations under the Security Rule.
- Provider agrees to conduct regular assessments of its compliance with its obligations under the Privacy Rule and Security Rule.
- Provider will make available a summary of such assessments to Company upon Company’s reasonable request.
Mitigation of Risks
- Provider agrees to mitigate, to the extent practicable, any harmful effect that is known to Provider of a use or disclosure of PHI by Provider and to promptly communicate to Company any actions taken pursuant to this paragraph.
- Except as restricted by applicable Limitations,
- Provider may disclose PHI to a Subcontractor; and
- may allow the Subcontractor to create, receive, maintain, or transmit PHI on its behalf.
- However, Provider must first ensure that each Subcontractor executes a binding, written agreement requiring the Subcontractor to protect PHI under terms substantially similar to and no less stringent than this BAA.
- Provider will not be in compliance with this BAA if Provider knew of a pattern of activity or practice of a Subcontractor that constituted a material breach or violation of the Subcontractor’s obligations under any agreement between Provider and the Subcontractor.
- Provider will conduct appropriate due diligence on all Subcontractors.
Books and Records to HHS
- Upon request, Provider will make its books, records, and internal policies and procedures relating to the use and disclosure of PHI available to the Secretary of HHS for the purpose of determining Company’s and Provider’s compliance with HIPAA.
Audit of Books and Records
- Upon reasonable request, Provider will make its books, records, and internal policies and procedures relating to its compliance with this BAA available to Company.
- However, Provider is not required to provide any information or records that interfere with Provider’s confidentiality or proprietary rights or that would otherwise impact Provider’s compliance with its legal obligations.
- Provider will take reasonable efforts to support Company in completing requests related to individuals’ rights under HIPAA as related to the Services in a timely manner, but in no event will Provider’s response take more than ten business days.
- Examples of individual rights under HIPAA include the right to access PHI pursuant to 45 CFR §164.524, amend PHI pursuant to 45 CFR §164.526, and receive accounting of disclosures pursuant to 45 CFR §164.528.
- If relevant to the Services, Provider will maintain an accounting of disclosures it makes on Company’s behalf as required under 45 CFR §164.528(a).
- Except as directed by Company or required by law, Provider will not respond directly to any individual requests regarding their rights under HIPAA.
Compliance with Covered Entity’s Obligations
- To the extent that Provider carries out Company’s obligations under the Privacy Rule, Provider will comply with the requirements of the relevant Privacy Rule regulations that apply to Company in the performance of such obligations.
Notice of Privacy Practices
- Upon request, Company will provide Provider with its current notice of privacy practices adopted as required by the Privacy Rule.
- Company will notify Provider if any limitations in its notice of privacy practices impact Provider’s use or disclosure of PHI under the BAA.
Notice of Changes
- Company will notify Provider in a timely manner of any changes to how Company uses or discloses PHI to the extent that the changes impact how Provider uses or discloses PHI under the BAA.
Notice of Restrictions
- Company will notify Provider in a timely manner of any restrictions agreed upon with an individual or their legal representative to the extent that the restrictions may impact Provider’s use or disclosure of PHI under the BAA.
Compliance with Laws
- Company will only use and disclose PHI to Provider in accordance with its obligations under HIPAA and with applicable law.
Data Rights & Restrictions
- Except as restricted by applicable Limitations, Provider is permitted to use and disclose PHI outside of the United States to provide the Services.
- Except as restricted by applicable Limitations, Provider may de-identify PHI.
- Except as restricted by applicable Limitations, Provider may aggregate PHI for its own purposes.
- Provider will report to Company within the Breach Notification Period each use or disclosure of PHI not permitted under this BAA of which Provider becomes aware, including breaches of unsecured PHI as required by §164.410 of HIPAA and any Security Incident involving PHI.
- In addition, each party will comply with its notification obligations under HIPAA regarding a Security Incident involving PHI.
- Company agrees that this section will be deemed as sufficient notice under Section 4.1 if Provider periodically receives unsuccessful attempts for unauthorized access to, use of, or disclosure of PHI, or for general interference with the general operation of Provider’s products and services.
Security Incident Reimbursement
- Provider will reimburse Company for costs reasonably associated with a Security Incident caused by Provider or one of its Subcontractors.
- Provider will not disclose information related to a Security Incident except as required by applicable law.
Provider will use commercially reasonable efforts consistent with industry standard technology to de-identify Usage Data and Customer Content . Nothing in this section will reduce or limit Provider’s obligations regarding Personal Data that may be contained in Usage Data or Customer Content under Applicable Data Protection Laws. Due to the nature of artificial intelligence and machine learning, information generated by these features may be incorrect or inaccurate. Product features that include artificial intelligence or machine learning models are not human and are not a substitute for human oversight. Our partners provide zero day retention on audio uploads and do not train AI models with your data.
Each party represents and warrants to the other that: (a) it has the legal power and authority to enter into this Agreement; (b) it is duly organized, validly existing, and in good standing under the Applicable Laws of the jurisdiction of its origin; (c) it will comply with all Applicable Laws in performing its obligations or exercising its rights in this Agreement;
Non-Use and Non-Disclosure. Unless otherwise authorized in the Agreement, Recipient will (a) only use Discloser’s Confidential Information to fulfill its obligations or exercise its rights under this Agreement; and (b) not disclose Discloser’s Confidential Information to anyone else. In addition, Recipient will protect Discloser’s Confidential Information using at least the same protections Recipient uses for its own similar information but no less than a reasonable standard of care.
Customer is responsible for all actions on Users’ accounts and for Users’ compliance with this Agreement. Customer and Users must protect the confidentiality of their passwords and login credentials. Customer will promptly notify Provider if it suspects or knows of any fraudulent activity with its accounts, passwords, or credentials, or if they become compromised.