Terms of Service

1. Acceptance of Terms

By accessing or using MDHex ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and MDHex ("we," "us," or "our"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

MDHex is a HIPAA-compliant charge capture and revenue management platform designed for healthcare professionals. The Service provides:

• AI-powered patient data extraction from medical facesheets
• Rounds tracking and patient management
• Charge capture with CPT and ICD-10 code management
• Reporting and data export capabilities
• Multi-facility and multi-user support
• Cloud-based storage and access

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must:

• Provide accurate and complete registration information
• Verify your email address
• Set up two-factor authentication (2FA) as required for HIPAA compliance
• Maintain the security of your login credentials

3.2 Account Responsibilities

You are responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your password and 2FA devices
• Immediately notifying us of any unauthorized access
• Ensuring only authorized personnel have access to your account

3.3 Prohibited Accounts

You may not create an account if you:

• Are under 18 years of age
• Have been previously banned from the Service
• Provide false or misleading information
• Are not authorized to practice medicine or handle PHI in your jurisdiction

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service only for:

• Legitimate healthcare charge capture and revenue management
• Managing patient data for your authorized patients
• Generating reports for billing and administrative purposes
• Collaborating with authorized team members within your organization

4.2 Prohibited Uses

You may not:

• Access or use PHI for patients you are not authorized to treat
• Share your account credentials with unauthorized individuals
• Attempt to circumvent security measures or access controls
• Upload malicious code, viruses, or harmful content
• Use the Service for fraudulent billing or insurance fraud
• Reverse engineer, decompile, or disassemble the Service
• Use automated scripts or bots without written permission
• Resell or redistribute the Service without authorization
• Violate any applicable laws, regulations, or professional codes

5. HIPAA Compliance and PHI

5.1 Business Associate Agreement

If you are a Covered Entity under HIPAA, you must execute a Business Associate Agreement (BAA) with us before using the Service to process PHI. Please contact us at compliance@mdhex.com to execute a BAA.

5.2 Your HIPAA Obligations

You agree to:

• Only upload and process PHI that you are legally authorized to access
• Obtain all required patient consents and authorizations
• Comply with all HIPAA Privacy and Security Rules
• Report any suspected breaches or security incidents immediately
• Use the minimum necessary PHI required for your purposes

5.3 Our HIPAA Commitments

We commit to:

• Maintain administrative, physical, and technical safeguards for PHI
• Only use and disclose PHI as permitted by our BAA and HIPAA
• Report breaches as required by HIPAA Breach Notification Rule
• Make PHI available for amendment and accounting as required
• Ensure our subcontractors (Business Associates) are HIPAA-compliant

6. Data Ownership and License

6.1 Your Data

You retain all ownership rights to the data you upload to the Service, including patient data, documents, and reports. We do not claim any ownership of your data.

6.2 License to Us

You grant us a limited license to process, store, and transmit your data solely for the purpose of providing the Service to you. This license terminates when you delete your data or account.

6.3 Our Intellectual Property

The Service, including all software, algorithms, user interface, and documentation, is our proprietary property. You may not copy, modify, or create derivative works without permission.

7. Fees and Payment

7.1 Subscription Fees

Access to the Service requires a paid subscription. Fees are based on your selected plan and are billed on a recurring basis (monthly or annually).

7.2 Free Trial

We offer a 30-day free trial for new users. No credit card is required to start your trial. At the end of the trial, you must subscribe to continue using the Service.

7.3 Payment Terms

• Payment is due in advance for each billing period
• We accept major credit cards and ACH transfers
• All fees are non-refundable except as required by law
• We may change our fees with 30 days' notice

7.4 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access until the end of your current billing period. We do not provide refunds for partial months.

8. Service Availability and Support

8.1 Uptime

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice.

8.2 Support

We provide email support to all paid subscribers. Enterprise customers may receive priority support and dedicated account management.

8.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We are not liable for any such modifications.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that the Service will perform substantially as described in our documentation. This is your sole and exclusive warranty.

9.2 Disclaimer

9.3 Medical Advice Disclaimer

10. Limitation of Liability

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including attorney fees) arising from:

• Your violation of these Terms
• Your violation of applicable laws or regulations
• Your violation of HIPAA or patient privacy rights
• Unauthorized access to PHI through your account
• Any content you upload to the Service

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

12.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your payment is overdue
• You engage in fraudulent or illegal activity
• Required by law or regulatory authorities

12.3 Effect of Termination

Upon termination, your access will cease immediately. You will have 30 days to export your data before we permanently delete it. We are not obligated to retain your data after termination.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

13.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except for disputes involving intellectual property or injunctive relief.

13.3 Class Action Waiver

You agree that disputes will be resolved individually and not as part of a class action or consolidated proceeding.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Your continued use after changes constitutes acceptance of the updated Terms.

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and us
• Severability: Invalid provisions shall be severed without affecting the remainder
• No Waiver: Our failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms without our written consent
• Force Majeure: We are not liable for delays caused by circumstances beyond our control

16. Contact Information