Terms and conditions

What you are buying

A subscription to analytics software. You supply receivables data; we compute realization, timing, aging, concentration, present value, and lien flags, and return a report. That is the entire scope of the agreement.

This agreement is not an extension of credit, a purchase of receivables, a factoring or brokerage arrangement, a debt collection service, or a retainer for legal services. See the disclosure page and how we are paid.

Healthcare compliance boundaries

• We are paid a flat subscription fee for software. Our fee is not tied to the volume or value of referrals, to the amount collected on any receivable, or to any patient's care.
• We do not solicit patients, direct patients to providers, direct patients to attorneys, or accept anything of value for doing so.
• Nothing here creates a fee-split with a lawyer, a partnership with a lawyer, or any arrangement in which a non-lawyer shares in legal fees.
• You remain responsible for your own compliance with the federal Anti-Kickback Statute, the Stark law, state fee-splitting and patient brokering laws, state lien statutes, and your professional licensing rules. We do not opine on whether your arrangements comply.

State availability is limited and is listed on where we operate. We do not provide the service where we have concluded it is not available.

Protected health information and the BAA

Where our handling of your data makes us a business associate under HIPAA, a signed business associate agreement governs that data and controls over these terms to the extent of any conflict. See the HIPAA page.

• Do not upload patient names, dates of birth, Social Security numbers, full addresses, member or account numbers, or images. Case references must be pseudonymous.
• You are responsible for obtaining any patient authorization or consent your own law requires before sending us data.

Your obligations

• You have the authority to supply the data you upload and to execute the BAA.
• You are responsible for the accuracy of the figures you supply. Our output describes your data as given.
• You will keep account credentials secure and tell us promptly if they are compromised.
• You will use the service only for lawful purposes and only for the entity named on the account.

Acceptable use

You will not access the service by any means other than the interface we provide, probe or test its security without written permission, attempt to access another customer's data, reverse engineer the software except where that restriction is unenforceable by law, resell or sublicense access, or use the output to build a competing product. Unauthorized access to a computer system is a federal offense under the Computer Fraud and Abuse Act and we report it.

Vulnerability reports are welcome and are handled as described on the security page.

Fees, renewal, and cancellation

The subscription is billed at the price and cadence published on the pricing page, in advance, and it renews automatically for successive terms until cancelled.

You may cancel at any time before the next renewal, from your account or by writing to us, and you keep access through the end of the period you paid for. We send a renewal reminder before each automatic renewal charge, as required by federal law and by the automatic renewal statutes of several states. Refund terms: REFUND TERMS PENDING. Prices may change on notice, effective at your next renewal. You are responsible for applicable sales and use taxes.

Electronic records and communications

You consent to transact electronically under the federal E-SIGN Act: agreements, notices, invoices, and disclosures may be delivered by email or in the product, and electronic signatures are binding. You may withdraw that consent by closing your account. Keep a current email address on file.

We send account, billing, and security messages. Marketing email is separate and every marketing message carries an unsubscribe link, as CAN-SPAM requires. If you give us a phone number and opt in, any calls or texts we send follow your consent and stop when you reply STOP.

Ownership and license

• Your data remains yours. We claim no ownership of it.
• The software, methodology, and report formats remain ours, licensed to you for the term, non-exclusive and non-transferable.
• You may use your reports internally and share them with your own advisors and counterparties.
• We may use de-identified, aggregated figures for benchmarks that identify no practice.
• If you send us feedback, we may use it without obligation to you. Feedback is not confidential.

We respond to copyright notices under the DMCA. Send notices to DMCA AGENT PENDING.

No warranty on outcomes

The software is provided as-is and as-available. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that any receivable will be collected, at any amount or on any schedule. Past realization does not predict future case outcomes. Nothing produced by the service is legal, tax, accounting, medical, or investment advice, and no attorney-client relationship is created. Some states do not allow certain warranty exclusions, so parts of this section may not apply to you.

Limitation of liability

To the extent permitted by law, our aggregate liability arising out of the service is limited to the fees you paid in the twelve months preceding the claim, and we are not liable for indirect, incidental, special, consequential, or punitive damages, including lost collections or lost profits, even if advised of the possibility. Nothing here limits liability that cannot be limited by law, including liability for fraud, willful misconduct, or gross negligence.

Indemnity

You will defend and indemnify us against third-party claims arising from data you supplied without the right to supply it, from your use of the service in violation of these terms or of law, or from your own compliance obligations under Section 03. We will notify you promptly of any such claim and cooperate in the defense.

Suspension and termination

We may suspend or terminate access for non-payment, for uploading prohibited identifiers after notice, or for use that puts other practices' data at risk. You may terminate at any time under Section 07. On termination, data is handled per the retention schedule on the HIPAA page, and you may export your reports before deletion.

Disputes

The parties will first try to resolve any dispute informally: write to us with the details and give us 30 days to respond. If that fails, dispute resolution is as follows: DISPUTE RESOLUTION TERMS PENDING. Governing law and exclusive venue: GOVERNING LAW PENDING, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Nothing in these terms prevents either party from seeking injunctive relief to protect confidential information or intellectual property, or from reporting conduct to a regulator. Neither party waives any right by delay in enforcing it.

Privacy, accessibility, and export

Personal information is handled as described on the privacy page, including how we treat business contact information and any rights available to residents of states with comprehensive privacy laws. We work toward WCAG 2.1 AA conformance; if any part of the service is inaccessible to you, write to us and we will provide the information another way.

You will not export or use the service in violation of United States export control or sanctions laws, and you represent that you are not a restricted party under them.

General

• These terms, the pricing page, the BAA, and the disclosure page are the entire agreement and replace prior discussions.
• If any provision is unenforceable, the rest stays in force and the provision is narrowed to the extent needed to be enforceable.
• You may not assign this agreement without our consent; we may assign it in a merger or sale of the business.
• Neither party is liable for delays caused by events outside its reasonable control.
• Notices to you go to the email on the account; notices to us go to NOTICE ADDRESS PENDING.
• There are no third-party beneficiaries, and the parties are independent contractors.

If we change these terms materially, we will notify account holders by email before the change takes effect, and continued use after the effective date is acceptance. Effective date: EFFECTIVE DATE PENDING.