Terms of Service
Last Updated: April 30, 2025Introduction
Welcome to Inficler Healthcare Solutions. These Terms of Service ("Terms") govern your access to and use of our website, software, and services ("Services"). Our Services include revenue cycle management solutions for healthcare providers in the United States.
Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
Acceptance of Terms
By accessing or using our Services, you confirm that:
- You have read and understand these Terms;
- You are at least 18 years of age and have the legal capacity to enter into these Terms;
- You are authorized to act on behalf of the healthcare organization you represent, if applicable;
- You agree to be bound by these Terms, including any future modifications;
- You will comply with all applicable laws and regulations when using our Services.
If you are using our Services on behalf of a healthcare organization, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to both you individually and the organization.
Changes to Terms
We may modify these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of these Terms and post the modified Terms on our website.
We will notify you of material changes to these Terms by sending an email to the email address associated with your account or by providing a notification through our Services. Your continued use of our Services after such notification constitutes your acceptance of the modified Terms.
If you do not agree to the modified Terms, you must stop using our Services. We recommend reviewing these Terms periodically to stay informed of any changes.
Accessing the Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your internal business purposes, subject to these Terms and any separate agreements you may have with us.
Our Services are intended for use by healthcare organizations and professionals in the United States. By using our Services, you represent that you meet these requirements and will only use our Services in compliance with applicable laws and regulations, including HIPAA.
We reserve the right to:
- Modify, suspend, or discontinue our Services at any time, with or without notice;
- Restrict access to some or all of our Services;
- Refuse service to anyone for any reason at any time;
- Remove any content from our Services at our sole discretion.
You are responsible for maintaining the equipment, software, and internet connections necessary to access and use our Services.
Account Management
To use certain features of our Services, you may need to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials;
- Restricting access to your account;
- All activities that occur under your account;
- Promptly notifying us of any unauthorized use of your account or other security breaches.
We will not be liable for any loss or damage arising from your failure to protect your account credentials or comply with these responsibilities.
You may not share your account credentials with others or allow multiple people to use your account. We reserve the right to disable any account at any time for any reason, including if we believe you have violated these Terms.
Content and Data
Our Services allow you to input, upload, store, and process various types of content and data, including protected health information (PHI) subject to HIPAA. You retain all rights to your content and data, and we claim no ownership of it.
By using our Services, you grant us a limited license to access, use, process, copy, distribute, perform, export, and display your content and data as necessary to provide and maintain the Services, comply with legal obligations, and as otherwise permitted in our Privacy Policy and any applicable Business Associate Agreement (BAA).
You represent and warrant that:
- You own or have the necessary rights and permissions to use and share your content and data with us;
- Your content and data and your use of our Services do not violate any applicable laws or regulations;
- You have obtained all necessary consents and provided all required notices to individuals whose data you share with us;
- Your content and data do not infringe or misappropriate any third-party rights.
We are not responsible for any content or data you submit through our Services. You are solely responsible for backing up your content and data.
Service Usage Rules
While using our Services, you agree not to:
- Use our Services in any manner that could disable, overburden, damage, or impair our systems;
- Use any robot, spider, or other automated device to access our Services;
- Introduce any viruses, trojans, worms, or other harmful material;
- Attempt to gain unauthorized access to any part of our Services;
- Interfere with any other user's use of our Services;
- Use our Services to transmit any material that is unlawful, threatening, abusive, defamatory, or otherwise objectionable;
- Use our Services for any purpose that violates any applicable laws or regulations;
- Misrepresent your identity or affiliation;
- Engage in any activity that would constitute healthcare fraud or abuse;
- Use our Services to store or transmit inappropriate content or PHI in violation of HIPAA.
We reserve the right to monitor your use of our Services to ensure compliance with these Terms and applicable laws. We may suspend or terminate your access if we reasonably believe you are in violation.
Billing and Payment
If you subscribe to our paid Services, you agree to pay all fees associated with your subscription plan. All fees are stated in U.S. dollars and are exclusive of any applicable taxes, which you are responsible for paying.
Payment terms:
- Fees are payable in advance and are non-refundable, except as required by law or as explicitly stated in these Terms;
- You must provide accurate billing information and promptly update it if it changes;
- We may suspend or terminate your access to Services if your payment is late;
- We may change our fees and payment terms at any time, with notice provided at least 30 days before the change takes effect;
- You authorize us to charge the payment method you provide for all fees incurred.
If you dispute any charges, you must notify us within 30 days of the date of billing. For subscription-based Services, your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.
Termination
You may terminate your use of our Services at any time by canceling your account and discontinuing use of our Services. We may terminate or suspend your access to our Services at any time, without prior notice, for any reason, including if we believe you have violated these Terms.
Upon termination:
- Your right to use our Services will immediately cease;
- We may delete or archive your content and data in accordance with our data retention policies and applicable laws;
- You remain liable for all fees incurred before termination;
- Any provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If termination is due to our material breach of these Terms, we will provide a pro-rata refund of any prepaid fees for Services not delivered.
Disclaimers
OUR 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.
WE DO NOT WARRANT THAT:
- OUR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS;
- OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS FROM USING OUR SERVICES WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS;
- ANY ERRORS IN OUR SERVICES WILL BE CORRECTED.
OUR SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE DECISIONS MADE BASED ON INFORMATION PROCESSED THROUGH OUR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRMINFICLER HEALTHCARE SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES.
OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Firminficler Healthcare Solutions, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of our Services' content other than as expressly authorized in these Terms, or your use of any information obtained from our Services.
Governing Law and Dispute Resolution
These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law provisions.
Any legal action or proceeding relating to your access to, or use of, our Services or these Terms shall be instituted in a state or federal court in New York County, New York. You and Firminficler Healthcare Solutions agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Before filing a claim, you agree to try to resolve the dispute by first emailing us a description of your claim. If we are unable to resolve the dispute within 60 days, you may seek relief through arbitration or the small claims court.
