Last updated: Dec 27, 2024
Scimus US LLC, a Delaware limited liability company, having its registered address at 717 N. Union Street Suite 20 Wilmington, DE 19805 (“Scimus US, LLC”) is willing to provide certain services described in these Terms of Service to the users (“you”, “user”). By using our services, you expressly agree to adhere to the provisions contained herein. In case you do not agree to any of them, we kindly ask you to refrain from using our services.
1. SERVICES
We offer you a service of AI-powered insurance verification that helps healthcare practices to find patients insurance eligibility in realtime. (“Service”).
Such Service is provided on the terms set out in these Terms of Service. From time to time, we may offer limited discounts or special deals (“Special Offer”). If we decide to do so, the terms and conditions of these Terms of Service will govern such Special Offer, unless different terms are provided in such Special Offer.
You assume total responsibility for your and your user’s use of the Service, and you are responsible for all acts and omissions of your users in connection with receipt or use of the Service. You agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Service.
You and your users must use the Service in compliance with all applicable laws, rules and regulations, including but not limited to all data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages. You must obtain and maintain all applicable licenses, permits and approvals for the use of the Service required by any governmental agency, foreign or domestic, having jurisdiction over the transaction.
Except to the extent included with the Service, you are responsible for the installation, operation, and maintenance of all hardware, software, equipment and services, including internet access, necessary to access and use the Service and for ensuring the same is up to date. Upon your request, we may assist you with resolving technical difficulties caused by the misuse of the respective hardware, software, equipment and services at additional cost determined based on the level of support you need.
From time to time, we may carry out support maintenance. We will use our commercially reasonable efforts to notify you about estimated time and scope of such maintenance during which the use of Service may be partly or completely unavailable.
2. FEES AND PAYMENT TERMS
In order to use our Service, you have to pay applicable fee. The exact amount of such fee will be published on the applicable page on our website or will be communicated to all potential users via other convenient means (“Fee”).
The Fee consists of the following:
Kindly notice that the Set-up Fee depends on a number of factors, thus, it may be different for different users. The way we determine the Set-up Fee will be explained on the relevant page of our website.
If you are re-purchasing our Service, we will not charge you with Set-up Fee.
Upon notice to you, including by publishing respective information on our website, we may increase the Fees on a proportionate basis due to significant increases in the cost of raw materials, labor, third-party equipment, and other third-party materials and services utilized in the provision of Service, with such increase to take effect as of the next monthly billing cycle.
We ask you to keep a close eye on the payment details you provide us with. In case of the payment delay for more than ten (10) business days we reserve the right to suspend the Service and/or terminate this Terms of Service immediately. If payment is returned for insufficient funds or bank charges, you shall reimburse us for all associated processing charges as well as late charges to the extent applicable.
You will reimburse us for all expenses we incur, including reasonable attorney fees, in collecting any amounts past due under these Terms of Service.
3. REFUND AND CANCELLATION POLICY
You may decide to stop using our Service at any time. If you would like to do so, please use contact details provided in Contact Us section. We will do our best to process your request timely and provide a swift response.
Please note that Set-up Fee is non-refundable regardless of the duration of your use of our Service.
If you send us a notice with intent to stop using our Service, we will cancel your subscription at the end of the applicable month. We do not offer refunds of the Monthly Subscription cancelled in the same month the cancellation notice was sent by the user.
4. PROHIBITED USES
You are prohibited from using our Service or any part of it:
i. for any unlawful purpose;
ii. to solicit others to perform or participate in any unlawful acts;
iii. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
vi. to submit false or misleading information;
vii. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, other websites, or the Internet;
viii. to collect or track the personal information of others;
ix. to spam, phish, pharm, pretext, spider, crawl, or scrape;
x. for any obscene or immoral purpose; or
xi. to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service for violating any of the prohibited uses immediately after discovering such violation.
5. COPYRIGHT NOTICE
The Service, any and all of its parts, including any content and materials made available through it, is owned and operated by Scimus US, LLC. All content featured or displayed within the Service, including all text, graphics, photographs, images, moving images, sound, illustrations and software, and all related rights, are the exclusive property of Scimus US, LLC or persons who have granted their permission to display the content on the website.
All elements of the website are protected by copyright, trademark, moral rights and other laws relating to intellectual property. By accepting these Terms of Service, you are granted a non-exclusive, revocable license to use the Service in a way compatible with these Terms of Use.
6. WARRANTIES
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “ASAVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SCIMUS US, LLC HEREBYDISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SCIMUS US, LLC NOR ANYPERSON ASSOCIATED WITH US MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TOTHE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OFANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SCIMUS US, LLC NOR ANYPERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE CONTENT WILL BEACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BECORRECTED, THAT THE CONTENT, OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT WILL OTHERWISE MEETYOUR NEEDS OR EXPECTATIONS.
7. LIMITATION OF LIABILITY
In no case shall SCIMUS US, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, serviceproviders or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort(including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the service or any product including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised oft heir possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Scimus US, LLC’s liability to the user in relation to these Terms of Service shall not exceed sums actually paid by the user to us for the Service during a three-month period preceding the cause of action.
For the avoidance of doubt, such exclusion shall apply to the fullest extent permissible at law, but we do not exclude liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which may not be excluded by law.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Scimus US, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
9. CONFIDENTIAL INFORMATION & PRIVACY
During the set-up of the Service, we may exchange certain confidential information. Exchanged information shall be considered Confidential if it is:
Confidential Information does not include any information which:
We and you may communicate Confidential Information pursuant to law, regulation, or applicable court order.
The confidentiality obligations contained herein will survive any expiration or termination of these Terms of Service for a period of three (3) years.
Any collection or processing of personal data will be carried out in accordance with our Privacy Notice.
10. TERM AND TERMINATION
These Terms of Service shall continue until terminated by us in accordance with the terms contained herein or until the expiration or cancellation of your subscription.
11. AMENDMENTS TO THESE TERMS OF SERVICE
We may amend these Terms of Service from time to time. The new version will become effective upon its publishing on our website. You may always find out whether our Terms of Service were amended by checking the “last modified” legend at the top of the page.
You should periodically check our website for such changes. Your continued use of our Service after such changes have been communicated constitutes your agreement to the updated terms.
If you do not agree with the new version of these Terms of Service, please let us know immediately, so we may cancel your subscription.
12. GENERAL
These Terms of Service constitute a final, complete, and exclusive agreement between us with respect to the subject matter and supersede all prior or contemporaneous communications and understandings.
These Terms of Service are governed by the laws of Delaware. Any claim arising out of these Terms shall be presented before Delaware courts.
Each party waives its right to a jury trial in any court action arising among the parties, whether under or related to this agreement, and whether made by claim, counterclaim, third-party claim, or otherwise.
If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions will remain unimpaired and the invalid or unenforceable provision will be deemed modified to be enforceable to the maximum extent permitted by law.
If our performance of any part of these Terms is prevented or delayed by a Force Majeure Event, we will be excused from such performance. A “Force Majeure Event” includes events beyond our reasonable control, such as:
The headings and captions of these Terms are for convenience only and shall not affect their construction or interpretation.