Terms of Service

1. Agreement to Terms

By accessing or using the HealthData-in-Motion ("HDIM") platform and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use our services.

2. Description of Services

HDIM provides a healthcare interoperability platform that includes:

• HEDIS quality measure evaluation and reporting
• FHIR R4 compliant data integration
• Care gap detection and management
• Risk stratification and predictive analytics
• Clinical decision support tools
• Quality reporting and QRDA export

3. Eligibility

Our services are available only to healthcare organizations that are authorized to process Protected Health Information (PHI) under HIPAA. By using our services, you represent that you are a Covered Entity or Business Associate under HIPAA, or are otherwise authorized to access and process PHI.

4. Account Registration

To use our services, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. HIPAA Compliance

HDIM operates as a Business Associate under HIPAA. Before processing any PHI, we require execution of a Business Associate Agreement (BAA). You agree to:

• Execute a BAA with HDIM prior to transmitting any PHI
• Only transmit PHI that you are authorized to share
• Comply with all applicable HIPAA requirements
• Promptly report any suspected security incidents
• Cooperate with breach notification requirements

6. Acceptable Use

You agree not to:

• Use the services for any unlawful purpose
• Attempt to gain unauthorized access to any systems
• Interfere with or disrupt the integrity of the platform
• Transmit viruses, malware, or other harmful code
• Use the services to process data you are not authorized to access
• Reverse engineer or attempt to extract source code
• Resell or sublicense access to the services without authorization

7. Intellectual Property

The HDIM platform, including all software, algorithms, user interfaces, and documentation, is owned by HDIM and protected by intellectual property laws. You are granted a limited, non-exclusive license to use the services for your internal business purposes only.

8. Data Ownership

You retain all ownership rights to your data, including PHI. HDIM processes your data solely to provide the services and does not use your data for any other purpose without your explicit consent.

9. Service Level Agreement

HDIM commits to the following service levels:

• Uptime: Availability targets are defined in the applicable service level agreement
• Support: 24/7 critical incident support
• Response Time: Critical issues acknowledged within 1 hour
• Data Backup: Daily backups with 30-day retention

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HDIM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold HDIM harmless from any claims, damages, or expenses arising from your use of the services, your violation of these terms, or your violation of any applicable laws or regulations.

12. Termination

Either party may terminate this agreement with 30 days written notice. Upon termination, you will have 30 days to export your data. HDIM will securely delete your data within 90 days of termination, except as required by law or the BAA.

13. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Delaware.

14. Changes to Terms

We may modify these terms at any time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use of the services after changes take effect constitutes acceptance of the modified terms.

15. Contact Information

For questions about these terms, contact us at: