Terms of Service

Please read the Terms carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older and are a healthcare provider, a representative of a healthcare provider, or otherwise authorized to access the Services on behalf of a healthcare provider. By using the Services, you represent and warrant that you meet these requirements. If you do not meet all of these requirements, you must not access or use the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We will make reasonable efforts to notify you of material changes to the Terms through notifications in the Services, via email, or other communication methods.

• Claims submission and processing
• Denial management
• Patient billing and collections
• Revenue cycle analytics and reporting
• Provider credentialing services
• Compliance and audit support
• Medical coding services
• Electronic health record (EHR) integration

The specific Services provided to you will be outlined in a separate Service Agreement. In the event of any conflict between these Terms and your Service Agreement, the Service Agreement shall prevail to the extent of the conflict.

We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users.

You are responsible for:

• Maintaining the confidentiality of your account credentials, including your username and password.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized access to or use of your account.
• Ensuring that you exit from your account at the end of each session.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You acknowledge that your account may contain sensitive healthcare and financial information, and you agree to implement and maintain appropriate security measures to protect such information in accordance with applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA).

These Terms permit you to use the Services for your personal, non-commercial use only, or for legitimate business purposes related to your use of BillCure's medical billing services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from the Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
• Access or use for any commercial purposes any part of the Services or any services or materials available through the Services, except as part of your legitimate business use of BillCure's medical billing services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: legal@billcure.com.

You agree to provide us with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all fees incurred through your account to the payment method provided.

We may offer various payment terms, such as:

• Percentage of collections
• Fixed monthly fees
• Per-claim fees
• Hybrid pricing models

The specific payment terms that apply to you will be outlined in your Service Agreement. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided in these Terms or your Service Agreement.

If you dispute any charges, you must notify us within thirty (30) days of the date of the charge. We reserve the right to change our prices at any time, provided that we will notify you in advance of any price increase. Continued use of the Services after a price change constitutes your acceptance of the new fees.

By using our Services, you acknowledge and agree that:

• You will enter into a Business Associate Agreement (BAA) with us if you are a Covered Entity or Business Associate as defined by HIPAA, before transferring any PHI to us.
• You will only provide us with the minimum necessary PHI required for us to perform our services.
• You have obtained all necessary patient consents and authorizations to share PHI with us as required by law.
• You will comply with all applicable privacy laws and regulations, including HIPAA, with respect to any patient information you provide to us.

We will:

• Implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of PHI.
• Only use or disclose PHI as permitted by the BAA, these Terms, or as required by law.
• Report to you any use or disclosure of PHI not provided for by the BAA of which we become aware.
• Require our subcontractors that create, receive, maintain, or transmit PHI on our behalf to agree to the same restrictions and conditions that apply to us.

For more details on how we handle personal information, please review our Privacy Policy. In the event of any conflict between these Terms and the BAA with respect to the treatment of PHI, the terms of the BAA shall control.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT BILLCURE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

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 Texas, in each case located in Dallas County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If they do not reach such a solution within a period of 30 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

The arbitration will be conducted in the English language in Dallas, Texas, unless the parties agree otherwise in writing.

The arbitrator or arbitrators shall be selected from a panel of persons having experience with and knowledge of electronic commerce and information technology. Either party may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration provision and without abridgment of the powers of the arbitrator. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.