Terms of Service
Table of Contents
1. Agreement to Terms
2. The Services
3. Eligibility, Registration & Account Security
4. Acceptable Use Policy
5. Customer Responsibilities & Healthcare Compliance
6. AI and Automation Disclaimers
7. SMS/Text Messaging Terms
8. Fees, Billing, and Payment
9. Confidentiality & Data Protection
10. Intellectual Property Rights
11. Third-Party Services
12. Termination & Suspension
13. Disclaimer of Warranties
14. Limitation of Liability
15. Indemnification
16. Governing Law & Dispute Resolution
17. General Provisions
18. Contact Information
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "Customer," or "User") and Clinix LLC doing business as Clinix Agent ("Clinix," "we," "us," or "our"). By accessing or using our websites, applications, APIs, or services (collectively, the "Services"), you agree to be bound by these Terms.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. PLEASE READ SECTION 16 CAREFULLY. ADDITIONALLY, THESE TERMS CONTAIN CRITICAL DISCLAIMERS REGARDING THE USE OF ARTIFICIAL INTELLIGENCE IN HEALTHCARE WORKFLOWS (SECTION 6).
1. Agreement to Terms
By clicking "I Agree," registering for an account, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, medical practice, or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. The Services
Clinix Agent provides software tools designed to assist healthcare providers and administrative staff with revenue cycle management, documentation, and operational workflows. Services may include, but are not limited to:
Automated claim status inquiries and updates.
Denial management and appeal letter drafting.
Clinical documentation assistance (scribing tools).
Patient account notifications and billing alerts.
Analytics and reporting dashboards.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. You agree that Clinix shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
3. Eligibility, Registration & Account Security
3.1 Eligibility. You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that you are legally capable of entering into a binding contract.
3.2 Registration. To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3 Security. You are responsible for safeguarding your password and account credentials. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities. You must immediately notify Clinix of any unauthorized use of your account.
4. Acceptable Use Policy
You agree not to misuse the Services. Specifically, you agree not to:
Use the Services for any unlawful purpose or in violation of any local, state, national, or international law.
Violate or encourage others to violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
Upload or transmit any data that contains viruses, worms, or any other harmful code.
Interfere with security-related features of the Services, including by disabling or circumventing features that prevent or limit use or copying of any content.
Access, search, or attempt to use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Clinix.
Use the Services to process data you are not authorized to process, including Protected Health Information (PHI) for which you do not have a valid Business Associate Agreement (BAA) or patient authorization.
5. Customer Responsibilities & Healthcare Compliance
5.1 HIPAA Compliance. If you are a "Covered Entity" or "Business Associate" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), you agree to enter into a Business Associate Agreement ("BAA") with Clinix before uploading or transmitting any Protected Health Information ("PHI") to the Services. In the event of a conflict between these Terms and the BAA, the terms of the BAA shall control with respect to PHI.
5.2 Patient Consent. You represent and warrant that you have obtained all necessary patient consents, authorizations, and rights required by applicable law to disclose patient data to Clinix for the purposes of providing the Services.
5.3 Professional Responsibility. You acknowledge that Clinix Agent is a technology tool and does not provide medical, legal, or professional coding advice. You remain solely responsible for all decisions regarding patient care, medical necessity, coding accuracy, billing submissions, and compliance with payer requirements.
6. AI and Automation Disclaimers
6.1 AI Outputs. The Services may utilize artificial intelligence ("AI") and machine learning technologies to generate text, summaries, codes, appeal letters, or other outputs ("AI Outputs").
6.2 Accuracy Disclaimer. AI technologies are probabilistic and may produce inaccurate, incomplete, or inappropriate results. YOU ACKNOWLEDGE THAT AI OUTPUTS MAY CONTAIN ERRORS.
6.3 Human Review Requirement. You agree to have a qualified human professional review, verify, and edit all AI Outputs before using them for any clinical, billing, or legal purpose. You are solely responsible for the final content of any claim, appeal, note, or communication submitted to a payer or patient.
6.4 No Reliance. Clinix does not warrant the accuracy, completeness, or reliability of any AI Outputs. Reliance on any information provided by the Services is solely at your own risk.
7. SMS/Text Messaging Terms
By opting into our SMS service, you agree to the following terms regarding text messaging communications:
7.1 Consent. You consent to receive automated operational and service-related text messages from Clinix Agent at the mobile number you provided. These messages may include account alerts, claim status updates, denial notifications, and support responses.
7.2 Frequency. Message frequency varies based on your account activity and preferences.
7.3 Fees. Clinix does not charge for SMS services, but message and data rates may apply from your wireless carrier.
7.4 Opt-Out. You may opt out of receiving text messages at any time by replying "STOP" to any message you receive from us. After you send the SMS message "STOP," we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
7.5 Help. If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or you can get help directly at support@clinixagent.com.
7.6 Privacy. We respect your privacy. We will not share or sell your mobile number to third parties for marketing purposes. Please review our Privacy Policy for more information.
8. Fees, Billing, and Payment
8.1 Fees. You agree to pay all fees specified in the ordering document or subscription plan you select. All fees are non-refundable unless otherwise required by law.
8.2 Billing. If you provide credit card information, you authorize Clinix to charge such credit card for all purchased Services and any renewals. You are responsible for keeping your billing information current.
8.3 Taxes. You are responsible for paying all taxes associated with your purchases. If we have the legal obligation to pay or collect taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate.
9. Confidentiality & Data Protection
9.1 Confidential Information. "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
9.2 Protection. The Receiving Party agrees to use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information for any purpose outside the scope of these Terms and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with these Terms and who have signed confidentiality agreements.
10. Intellectual Property Rights
10.1 Ownership. Clinix retains all right, title, and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
10.2 Feedback. You grant Clinix a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the operation of the Services.
11. Third-Party Services
The Services may contain features that integrate with third-party software, applications, or services (e.g., Electronic Health Records, Clearinghouses). Clinix does not control and is not responsible for such third-party services. You acknowledge that your use of third-party services is governed by the terms and privacy policies of those third parties.
12. Termination & Suspension
12.1 Termination by You. You may terminate your account at any time by contacting customer support, subject to any active subscription commitments.
12.2 Termination by Us. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
12.3 Effect of Termination. Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CLINIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT.
CLINIX DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. CLINIX DOES NOT WARRANT THE ACCURACY OF ANY AI OUTPUTS, CODING SUGGESTIONS, OR DENIAL PREDICTIONS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLINIX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
UNDER NO CIRCUMSTANCES WILL CLINIX BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLINIX'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO CLINIX FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
15. Indemnification
You agree to defend, indemnify, and hold harmless Clinix and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (d) any claim that your use of the Services caused damage to a third party or violated HIPAA or other healthcare laws; or (e) your use of AI Outputs without human verification.
16. Governing Law & Dispute Resolution
16.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.
16.2 Venue. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in Fulton County, Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. General Provisions
17.1 Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
17.2 Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
17.3 Entire Agreement. These Terms, together with the Privacy Policy and any applicable BAA or Order Form, constitute the entire agreement between you and Clinix regarding the Services and supersede all prior and contemporaneous written or oral agreements between you and Clinix.
17.4 Changes to Terms. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
18. Contact Information
If you have any questions about these Terms, please contact us:
Clinix LLC d/b/a Clinix Agent
Email: support@clinixagent.com
