DAISYBILL® TERMS OF SERVICE

YOUR RIGHT TO USE THE DAISYBILL SERVICES IS SUBJECT TO YOUR ACCEPTANCE OF AND CONTINUING COMPLIANCE WITH THESE TERMS. These Terms of Service (“Terms”) constitute a binding agreement between you and DaisyBill, LLC and its employees, officers, affiliates and subsidiaries ("DaisyBill," "we," "us"). These Terms govern your access to and use of our services, including, individually and collectively: any software under DaisyBill's control, whether partial or otherwise, in connection with the workers’ compensation-related services provided by DaisyBill and for which DaisyBill normally charges a fee (“Paid Services”); any written or electronic documentation specifying the functionality of the Paid Services provided or made available by DaisyBill; the DaisyBill website; and the educational and informational services that DaisyBill provides for free, including, but not limited to, webinars, and downloadable slides, videos, sample forms, and other media, (collectively, “Services”).

Who May Use the Services

You may use the Services only if you agree to form a binding contract with DaisyBill. You represent and warrant that you are of legal age to form a binding contract. By using the Services you acknowledge that you have read and understood these Terms and that you agree to be bound by the Terms. If you are accepting these Terms on behalf of a company or other entity, you represent that you have authority to bind the entity to these Terms. If you do not have the authority, or if you do not accept these Terms, you must not use the Services.

Revisions to Terms

We may revise these Terms at any time by posting an updated version to this web page. You agree to visit this page regularly to review the most current Terms because you are bound by them. Your continued use of any of the Services after a change to these Terms constitutes your binding acceptance of these Terms.

No Medical Advice and Limited Coding Advice

DaisyBill does not give medical advice and only gives limited medical coding advice, the latter of which, should you receive any such advice, is your responsibility to check and confirm. The Services may provide helpful information to assist you in medical and coding decision-making, but you are responsible for all medical and bill coding decisions. The information and materials available through the Services are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis, or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the Services. You will be solely responsible for the professional and technical services you provide. In addition, we do not recommend or endorse any provider of healthcare or health-related products, items, or services.

Account Creation and Secure Credentials

Owner of Account and Health-Related Information. In order to use any Paid Services, you must register for an account. The primary account holder (i.e., health service provider or other professional or claims administrator) holds the legal rights to a Paid Service account and the information posted to the Paid Service by your business entity. If you create an account on behalf of a third party, such as a health service provider or claims administrator, you agree you have the authority to bind the health service provider or claims administrator in legal agreements and contracts, and perform third-party billing and/or processing services on behalf of such third party. Your agreement to these Terms also binds such health service provider or claims administrator.

Accurate Account Information. You represent and warrant that the information you provide to DaisyBill upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

Verification. You agree that we may take steps to verify your identity, credentials as a health service provider, and/or that you are authorized to act on behalf of such third party or parties. at any time. You agree that we may use and disclose information, including "Confidential Information," (as defined below) about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the Paid Services at any time if we are unable at any time to determine or verify your qualifications or credentials.

Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you agree to take care to preserve the confidentiality of your username and password, and any device that you use to access the Paid Services.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify DaisyBill by email to support@DaisyBill.com. You will be solely responsible for the losses incurred by DaisyBill and others (including patients) due to any unauthorized use of your account that takes place prior to notifying DaisyBill that your account has been compromised.

No Third-Party Access

Except as required by law and described below, you will not permit any third party to have access to the Paid Services using your account. You may allow your employees to use the Paid Services on your behalf in compliance with these Terms. You are solely responsible for the use of the Paid Services by your employees. We have no liability for the consequences to you or your employees from your or their use of the Paid Services.

Responsibility for Misuse by Other Users

You acknowledge that by allowing employees to access the Paid Services with your account, you are responsible for ensuring such employees use the Paid Services for the purposes for which they are accessing it. While the Paid Services has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Paid Services by any employee who obtained access or log-in credentials from you. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law.

Fees, Invoicing, and Payment

Fees. DaisyBill will invoice you for any charges incurred by you for the use of any Paid Services (“Invoice”).

Additional Fees. In addition to any fees incurred by you either for use of the Paid Services or in relation to any late payment, DaisyBill may charge a $50 administrative fee for each time DaisyBill reinstates your account after turning off the account for non-payment, as further detailed in the Invoicing section below.

Invoicing. You will be billed in advance on a monthly basis for the minimum fee associated with your use of any of the Paid Services. You will be billed in arrears on a monthly basis for any charges accrued by you for the preceding billing period in relation to your use of any of the Paid Services that exceeds the services covered by the associated minimum fee.

If you do not have a subscription that automatically pays the monthly fees, you must pay all fees within 15 days of DaisyBill’s Invoice. DaisyBill shall send invoices to the email address that you provide when signing up for the Paid Services. In the event you fail to settle the Invoice within 15 days after the Invoice has been sent, late payments are subject to interest charges of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all collection expenses.

DaisyBill will close, suspend, or limit your access to your DaisyBill account and to the Paid Services if you fail to timely pay your Invoices. Specifically, if an invoice remains unpaid after 20 days, DaisyBill reserves the right to turn off the account. With regard to reinstating your account in the event of an unpaid invoice, you hereby agree to a fee of $50 per instance. You acknowledge that you are not relying on the future availability of the DaisyBill Services in agreeing or making payments hereunder. You also specifically acknowledge that DaisyBill may change its fees, pricing policy, or any other Term at any time.

DaisyBill will not issue refunds of any fees, in whole or pro-rata, for any reason.

Termination

Either you or DaisyBill can terminate your use of any Paid Services at any time by email to support@daisybill.com, if you are terminating the Paid Services, or to the email address that you provided when signing up for the Paid Services, if we are terminating your access to the Paid Services; provided, however, that you still must pay any monies owed to DaisyBill, including any applicable monthly minimum fees.

Individuals' Consent for Data Collection and Use

You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the Paid Services.

Exporting Information from the Paid Services

You are solely responsible for any health-related information exported from the Paid Services by you or the employees who access the Paid Services from your account.

Communications

DaisyBill may communicate with you by email or by posting notices on the Paid Services. You may request that we provide notice of security breaches in writing. You agree to receive email from us at the email address you provided to us for informational and customer service-related purposes.

By using the Paid Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Paid Services. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Paid Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@DaisyBill.com.

DaisyBill's Content Ownership

DaisyBill owns all of the content of the Services. The contents of the Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other DaisyBill content (collectively, "DaisyBill Content"). All DaisyBill Content and the compilation (meaning the collection, arrangement, and assembly) of all DaisyBill Content are the property of DaisyBill or its licensors and are protected under copyright, trademark, and other laws.

License to You

We authorize you, subject to these Terms, to access and use the Services and the DaisyBill Content solely for the use of DaisyBill's Services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. We can change, suspend, or discontinue any Service at any time, and may also impose limits on certain features. Unauthorized use of the DaisyBill Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original DaisyBill Content on any copy you make of the DaisyBill Content.

DaisyBill Marks

DaisyBill, the DaisyBill logo, and other DaisyBill logos and products and service names are or may be trademarks of DaisyBill (the "DaisyBill Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the DaisyBill Marks.

Privacy

DaisyBill is highly committed to maintaining the privacy and confidentiality of your information. We only share personally identifiable information with others at the direction of the subscribing health services provider or professional or claims administrator, as the case may be. We do use and share anonymized and aggregated data that does not contain personally identifiable information. We will not share your data and information with marketers.

Security

DaisyBill takes the following security measures for Paid Services:

Data Security. DaisyBill takes all reasonable and customary measures to secure your data on our servers, in our data center, including administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of the information.

Confidentiality. DaisyBill has internal policies that keep your data private and confidential.

Login ID and Password. We do NOT store a plain text version of your password. Your password is stored using a one-way hash key and verified using the same one-way hash every time you login, which means no one at DaisyBill knows what password you have chosen. If you ever forget your password, we force you to choose a new one using an email verification check.

Auto-Logoff. DaisyBill protects you against accidentally leaving your personal information active on a computer browser screen. The Service ends your "session" if you are logged in to a Service but have not actively used the service for one (1) hour. This prevents others from accessing your account when you leave a session and forget to log out.

Sensitive Information. DaisyBill handles all your health information with respect for its confidentiality and privacy. We ask that you follow your provider's policy on communicating sensitive information in their practice.

Data Integrity. DaisyBill employs the latest products and technology to ensure that data is always available and that access to the site continues without interruption.

Storage and Maintenance of Information. For more information regarding the storage and maintenance of information, please contact DaisyBill via support@DaisyBill.com.

Firewall. We take all reasonable measures to secure your data on our servers, in our data center. Our data center is both physically and electronically secured. Our servers are protected behind the Internet by using a firewall that blocks access by unauthorized parties.

Confidential Information.

Definition. "Confidential Information" means all confidential 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. Your Confidential Information shall include the data you post to the Paid Services, not including health-related information; DaisyBill’s Confidential Information shall include the Services, customer feedback, and information relating to the performance, reliability, or stability of the Services, operation of the Services, know-how, techniques, processes, ideas, algorithms, and software design and architecture; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

Protection of Confidential Information. The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

Suggestions and Submissions.

Do not send us your ideas for a new business or functionality. If you do, we can use them without compensating you. DaisyBill appreciates hearing from its users and welcomes your comments regarding the Services. Please be advised, however, that DaisyBill does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While DaisyBill values your feedback on our services, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send DaisyBill Creative Ideas, DaisyBill shall: (i) own, exclusively, all now known or later discovered rights to the creative ideas; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and (iii) be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Prohibited and Unauthorized Use

You agree to use the Services only for their intended purposes. You must use the Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Services are prohibited. You may not:

Consequences of Violating These Terms. If you do not act acceptably, we may refuse to provide the Paid Services to you. We reserve the right to suspend or terminate your account and prevent access to the Paid Services for any reason, at our discretion. We reserve the right to refuse to provide the Paid Services to you in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Paid Services.

Changes to the Services, User Disputes, and Content Accuracy

We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the Services, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used the Services. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release DaisyBill of all claims, demands, and damages in disputes among users of the Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Services.We make every reasonable effort, in line with standard industry practices, to ensure the accuracy of all data presented in the Services; however, we make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Services, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-to-text functionality, or the quality or nature of third-party products or services obtained through the Services. Use the Services at your own risk. We make no promises and disclaim all liability of specific results from the use of the Services.

DISCLAIMER OF WARRANTIES

You use the Services at your own risk. We make no warranties or guarantees. As used herein,"Released Parties" include DaisyBill and our affiliates, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY THE RELEASED PARTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY AND INDEMNIFICATION.

We are not liable for anything that happens to you that somehow may be connected to your use of the Services. If you use the Services in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAISYBILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF DAISYBILL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100; PROVIDED, HOWEVER, THAT OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF PAID SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE FEES PAID BY YOU FOR PAID SERVICES DURING THE THREE MONTH PERIOD PRECEDING THE CLAIM.

You agree to defend, indemnify, and hold harmless DaisyBill from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any DaisyBill Content or the use of the Services, (iii) any activity on the Paid Services under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

General Terms

These Terms constitute the entire agreement between you and DaisyBill concerning your use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

Arbitration, Class Waiver, and Waiver of Jury Trial

We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Services.

These Terms and the relationship between you and DaisyBill shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and DaisyBill agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in new york county in the state of New York. You covenant not to sue DaisyBill in any other forum.

You also acknowledge and understand that, with respect to any dispute with DaisyBill arising out of or relating to your use of the Services or this Agreement.

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Last updated June 2018

Copyright © 2018 DaisyBill

DaisyBill, LLC
34 West 15th St., Suite 3
New York, NY 10011
USA

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