Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you, on behalf of the healthcare practice or organization you represent ("Customer," "you," or "your"), and IMFUTECH ("IMFUTECH," "we," "us," or "our"), governing your access to and use of CARE RCM (the "Service"). By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you accept these Terms in full. If you do not agree, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.

2. Description of Service

CARE RCM is a cloud-based healthcare practice management and revenue cycle management platform that provides, among other features:

• Appointment scheduling and calendar management
• Patient demographics and clinical record-keeping
• Insurance eligibility, authorization, and fee schedule management
• Medical billing, claims generation (EDI 837P), and electronic remittance posting (ERA 835)
• Patient payment processing and patient portal access
• ABA-specific clinical data collection tools
• Reporting and analytics across practices

We may add, modify, or remove features from time to time as the Service evolves. We will provide reasonable notice of material changes that significantly reduce core functionality.

3. Accounts and Eligibility

To use the Service, you must register for an account and provide accurate, current information. You are responsible for:

• Maintaining the confidentiality of login credentials for all users within your organization
• All activity that occurs under your account, including actions taken by your staff
• Promptly notifying us of any unauthorized access or security breach
• Ensuring that only authorized personnel are granted access to the Service, particularly access involving PHI

The Service is intended for use by licensed healthcare practices, billing companies, and their authorized staff. You represent that you are legally authorized to operate a healthcare practice or billing service in your jurisdiction.

4. Subscription, Billing & Pricing

CARE RCM is offered under a tiered pricing model based on provider count, patient volume, or monthly collections, as described on our Pricing page. By subscribing, you agree to:

• Pay all fees associated with your selected plan, billed monthly unless otherwise agreed in writing
• Provide accurate billing and payment information, processed via our third-party payment processor
• Pay applicable taxes, except taxes on IMFUTECH's net income

4.1 Commission-Based Tiers

For Customers on commission-based pricing tiers (Scale and Enterprise), fees are calculated as a percentage of monthly collections processed through the Service, as agreed in your specific order form or service agreement. Customer agrees to provide accurate collections data and grants IMFUTECH the right to audit collection figures where reasonably necessary to verify billing accuracy.

4.2 Changes to Pricing

We may change our pricing with at least 30 days' advance notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

4.3 Late Payment

Accounts with overdue balances may be suspended after written notice and a reasonable cure period. We are not liable for any consequences of suspension due to non-payment, including loss of access to patient data during the suspension period.

5. Customer Data and PHI

As between IMFUTECH and Customer, Customer retains all right, title, and interest in and to all data entered into the Service, including patient records and PHI ("Customer Data"). IMFUTECH acts solely as a data processor and Business Associate with respect to PHI contained in Customer Data, and processes such PHI strictly in accordance with the Business Associate Agreement executed between the parties (see BAA Template).

Customer is solely responsible for:

• The accuracy, completeness, and lawfulness of all data entered into the Service
• Obtaining any necessary patient consents required under HIPAA or applicable state law
• Compliance with its own obligations as a HIPAA Covered Entity

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable healthcare, billing, or privacy regulation
• Submit fraudulent insurance claims or billing information through the Service
• Attempt to reverse-engineer, decompile, or gain unauthorized access to the Service's source code or infrastructure
• Share login credentials between individuals or allow access by unauthorized third parties
• Use the Service to transmit malicious code or attempt to disrupt platform availability
• Access another Customer's data without authorization
• Resell or sublicense the Service without our prior written consent

7. Clearinghouse and Third-Party Services

The Service integrates with third-party clearinghouses (including Office Ally and Availity) for EDI claim submission and remittance processing, and with third-party payment processors (including Stripe) for patient payment collection. Your use of these integrations is also subject to the respective third party's terms of service. IMFUTECH is not responsible for the acts, omissions, availability, or errors of third-party services, including claim rejections, payer processing delays, or payment processing failures caused by such third parties.

8. Intellectual Property

The Service, including its software, design, branding, and underlying technology, is the exclusive property of IMFUTECH and is protected by intellectual property laws. These Terms grant Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its internal business purposes during the subscription term. No other rights are granted.

9. Warranties and Disclaimers

We will use commercially reasonable efforts to provide the Service in a manner consistent with general industry standards. Except as expressly stated, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or that all claims submitted through the Service will be accepted or paid by insurance payers, as claim adjudication outcomes depend on factors outside our control.

10. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

Customer agrees to indemnify, defend, and hold harmless IMFUTECH and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) Customer's breach of these Terms; (b) Customer's violation of applicable law, including healthcare billing or privacy regulations; (c) Customer Data, including any inaccurate, fraudulent, or unlawful data entered by Customer; or (d) Customer's misuse of the Service.

12. Term and Termination

These Terms remain in effect for as long as you maintain an active subscription. Either party may terminate:

• For convenience: Customer may cancel at any time through account settings or by written notice; cancellation takes effect at the end of the current billing cycle
• For cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within 15 days of written notice
• For non-payment: IMFUTECH may suspend or terminate access for accounts with overdue balances after notice

Upon termination, Customer's right to access the Service ends, subject to the data export rights described in Section 5.

13. Governing Law and Disputes

These Terms are governed by the laws of [GOVERNING STATE], United States, without regard to conflict-of-law principles. Any dispute arising out of these Terms shall first be addressed through good-faith negotiation between the parties. If unresolved, disputes shall be resolved in the state or federal courts located in [VENUE/COUNTY], and both parties consent to the exclusive jurisdiction of those courts.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and Business Associate Agreement, constitute the entire agreement between the parties regarding the Service, superseding any prior agreements.

14.2 Modifications

We may update these Terms from time to time. Material changes will be communicated with at least 30 days' notice. Continued use after changes take effect constitutes acceptance.

14.3 Assignment

Customer may not assign these Terms without our prior written consent. IMFUTECH may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

14.5 Force Majeure

Neither party is liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, internet service outages, or government actions.

15. Contact Us

Questions about these Terms should be directed to:

IMFUTECH
Attn: Legal Department
[IMFUTECH BUSINESS ADDRESS]
Email: [LEGAL CONTACT EMAIL]