Effective Date: July 28, 2025
Version: 3.0
HEALTHCARE DISCLAIMER: MDS Genie is a clinical decision support tool intended for use by qualified healthcare professionals only. It is not intended to diagnose, treat, cure, or prevent any disease or condition. All suggestions must be independently reviewed and verified by licensed healthcare professionals before use.
HIPAA REQUIREMENT: Use of MDS Genie for any Protected Health Information requires execution of our Business Associate Agreement. Access may be suspended if BAA is not executed within 30 days of account creation.
ARBITRATION NOTICE: These Terms contain a binding arbitration clause and class action waiver that affect your legal rights. Please review Section 14 carefully.
Welcome to MDS Genie, a service provided by Verisight Analytics, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms"), together with our Privacy Policy, Business Associate Agreement (if applicable), and any other incorporated policies (collectively, the "Agreement"), constitute a legally binding contract between you and Verisight Analytics, LLC.
By accessing, registering for, or using MDS Genie, you acknowledge that you: - Have read and understood these Terms - Agree to be legally bound by these Terms - Have the legal capacity and authority to enter into these Terms - Will comply with all applicable laws and regulations - Are a healthcare professional or authorized representative of a healthcare facility
If you do not agree to these Terms, you must not access or use the Service.
Legal Entity: Verisight Analytics, LLC
Type: Illinois Limited Liability Company
Principal Office: 342 N Water St Suite 600, Milwaukee, WI 53202
Data Protection Officer: privacy@mdsgenie.ai
HIPAA Compliance Officer: hipaa@mdsgenie.ai
Customer Support: support@mdsgenie.ai
Telephone: [To be provided]
Verisight Analytics, LLC is the exclusive owner and operator of MDS Genie, a proprietary clinical decision support platform designed for skilled nursing facilities and long-term care providers.
MDS Genie is a Software-as-a-Service (SaaS) clinical decision support tool that: - Analyzes clinical documentation using artificial intelligence - Generates suggested MDS assessment codes - Provides compliance insights and quality assurance features - Operates on a subscription basis at $299 per facility per month
IMPORTANT - FDA/CLINICAL GUIDANCE:
MDS Genie is intended as a clinical decision support tool that: 1. Is not intended to replace professional clinical judgment 2. Allows healthcare professionals to independently review all recommendations 3. Presents all outputs as suggestions, not definitive diagnoses 4. Provides transparency about the basis for recommendations when requested
This product is not: - FDA-approved as a medical device - Intended to diagnose, treat, cure, or prevent any disease - A substitute for professional medical judgment - The sole basis for clinical decisions
All suggestions must be independently reviewed, verified, and validated by qualified healthcare professionals. Users maintain full responsibility for all clinical decisions and patient care.
You must: - Be at least 18 years old or age of majority in your jurisdiction - Be a licensed healthcare professional or authorized representative - Have authority to bind your organization (if applicable) - Not be prohibited from receiving services under U.S. laws - Complete all required compliance training within 30 days
Required Information: - Full legal name - Professional credentials/license number - Facility name and NPI number - Valid business email address - Business phone number - Business address
Verification Requirements: - Professional license verification (within 10 business days) - Facility accreditation confirmation - Signed Business Associate Agreement (if handling PHI)
Mandatory Security Measures: - Multi-factor authentication (MFA) required - Password requirements: - Minimum 12 characters - Must include uppercase, lowercase, number, and special character - Cannot reuse last 10 passwords - Must change every 90 days - Automatic session timeout after 15 minutes of inactivity - Account lockout after 5 failed login attempts - Annual security awareness training required
Pricing: $299 per facility per month
Billing Cycle: Monthly, in advance
Payment Methods: Credit card, ACH transfer (with authorization)
Price Changes: 60 days advance notice for increases
Grace Period: 15 calendar days
Late Fee: Lesser of 1.5% per month or maximum allowed by law
Suspension: Access suspended after 15 days non-payment
Termination: Account terminated after 60 days non-payment
Collection: May be referred to collection agency
Reactivation: Requires payment of all outstanding amounts plus $100 reactivation fee
General Policy: No refunds for partial months or unused services
Exceptions:
- Service unavailable for >72 consecutive hours (pro-rated credit)
- Material breach by Verisight Analytics (pro-rated refund)
- As required by applicable law
You are responsible for all applicable taxes, except those based on Verisight Analytics' net income. If we're required to collect taxes, they will be added to your invoice.
You may use MDS Genie solely for: - Legitimate healthcare operations - Clinical decision support - Compliance with regulatory requirements - Internal quality improvement
You shall NOT: - Share login credentials or allow unauthorized access - Use for any illegal or fraudulent purpose - Attempt to reverse engineer or decompile the Service - Circumvent security measures or access restrictions - Use automated tools without written permission - Input PHI beyond minimum necessary for intended purpose - Use for competitive analysis or benchmarking - Violate any applicable laws or regulations - Misrepresent the Service's capabilities or FDA status - Use outputs as sole basis for clinical decisions
You must comply with: - HIPAA and HITECH requirements - State healthcare and privacy laws - Professional licensing requirements - Medicare/Medicaid conditions of participation - Facility policies and procedures - Minimum necessary standards for PHI
Verisight Analytics Owns: - MDS Genie platform and all software - Algorithms, models, and methodologies - Trademarks, logos, and branding - Documentation and training materials - Aggregated, de-identified data and insights
You Own: - Your facility's data (subject to license grant) - Your user-generated content - Pre-existing intellectual property
To You: Limited, non-exclusive, non-transferable license to use MDS Genie during subscription term for authorized purposes only.
To Us: Non-exclusive, worldwide license to use your data solely to: - Provide the Service - Improve our algorithms (using only de-identified data) - Generate aggregated industry insights - Comply with legal obligations
Any suggestions or feedback you provide becomes property of Verisight Analytics with unlimited usage rights.
Our data handling is governed by: - Our Privacy Policy (incorporated by reference) - Business Associate Agreement (for PHI) - Applicable privacy laws (HIPAA, state laws)
Technical Safeguards: - Encryption: AES-256 at rest, TLS 1.3 in transit - Multi-factor authentication required - Session timeout after 15 minutes - Audit logging with 7-year retention - Monthly vulnerability scanning - Annual penetration testing
Compliance Certifications: - HIPAA compliant infrastructure - SOC 2 Type II (in progress) - Annual third-party security audits
We will notify you of any security breach affecting your data within timeframes required by law: - HIPAA: Within 10 business days to covered entities - State laws: As required (typically 5-30 days)
We strive to meet: - WCAG 2.1 Level AA standards - Section 508 compliance for federal facilities - ADA reasonable accommodations upon request
The Service is designed to support compliance with: - HIPAA/HITECH - Medicare/Medicaid requirements - State healthcare regulations - CMS quality reporting requirements
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING: - MERCHANTABILITY - FITNESS FOR A PARTICULAR PURPOSE - ACCURACY OR COMPLETENESS - NON-INFRINGEMENT - UNINTERRUPTED OR ERROR-FREE OPERATION
MDS GENIE DOES NOT PROVIDE MEDICAL ADVICE. The Service: - Is a decision support tool only - Does not replace clinical judgment - May contain errors or inaccuracies - Requires professional validation of all outputs
YOU ASSUME FULL RESPONSIBILITY FOR: - Clinical decisions and patient care - Regulatory compliance - Verification of all suggestions - Professional liability
Exclusions: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including: - Lost profits or revenue - Loss of data (except as required by HIPAA) - Business interruption - Professional liability claims - Regulatory penalties
Cap on Liability: - General claims: 12 months of fees paid - PHI breaches: Greater of $5,000,000 or insurance coverage - Gross negligence/willful misconduct: No limit
Exceptions: These limitations don't apply to: - Indemnification obligations - Breach of confidentiality - Violation of intellectual property rights - Claims that cannot be limited by law
You will defend, indemnify, and hold harmless Verisight Analytics from claims arising from: - Your use of the Service - Violation of these Terms - Violation of applicable laws - Your professional services - Clinical decisions based on Service outputs - Infringement of third-party rights
We will defend, indemnify, and hold harmless you from claims that MDS Genie infringes third-party intellectual property rights, except claims arising from: - Modifications you make - Combination with other systems - Use beyond scope of license - Use after notice to discontinue
These Terms begin upon account creation and continue until terminated.
For Convenience: 60 days written notice
For Cause (Immediate): - Material breach not cured within 30 days - Non-payment beyond 60 days - Violation of acceptable use policy - Fraud or illegal activity - Threat to security or other users - Failure to execute BAA when required
Upon termination: - Access immediately revoked - Data available for export for 90 days - PHI handled per BAA requirements - Outstanding fees immediately due - Survival of applicable provisions
We may modify these Terms by: - Posting updated Terms on our website - Providing 30 days notice for material changes - 60 days notice for price increases - Email notification to account administrators
Continued use after effective date constitutes acceptance. If you disagree, you must terminate your account.
We may modify the Service at any time, including: - Adding or removing features - Changing system requirements - Updating algorithms or methodologies - Implementing security updates
Before formal proceedings, parties must attempt good faith resolution through direct negotiation for 30 days.
Agreement to Arbitrate: All disputes will be resolved through binding arbitration under JAMS Healthcare Payor/Provider Rules.
Location: Chicago, Illinois
Arbitrator: Single arbitrator with healthcare law experience
Costs: Each party bears own costs; filing fees split equally
Exceptions to Arbitration: - Injunctive relief for IP violations - Small claims court matters - Breaches involving PHI - As prohibited by applicable law
YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS. All disputes must be brought individually.
These Terms are governed by Illinois law, without regard to conflict of law principles. For non-arbitrable disputes, exclusive jurisdiction is in Illinois courts.
You must comply with: - HIPAA/HITECH - State medical practice acts - Medicare/Medicaid requirements - Professional licensing requirements - Stark Law and Anti-Kickback Statute (if applicable)
Illinois Facilities: - Illinois Medical Practice Act - Illinois Personal Information Protection Act - Biometric Information Privacy Act (if applicable)
Wisconsin Facilities: - Wisconsin medical records retention (5+ years) - Wisconsin patient rights statutes
The Service may not be exported to prohibited countries or persons under U.S. export laws.
These Terms, Privacy Policy, and BAA (if applicable) constitute the entire agreement between parties.
If any provision is unenforceable, it will be modified to minimum extent necessary or severed.
No waiver is effective unless in writing and signed by the waiving party.
You cannot assign these Terms without written consent. We may assign freely.
Neither party liable for delays due to events beyond reasonable control.
To You: Email to account administrator
To Us: Email to legal@mdsgenie.ai with copy to:
Verisight Analytics, LLC
Attn: Legal Department
342 N Water St Suite 600
Milwaukee, WI 53202
Provisions that by nature should survive termination will survive, including: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.
These Terms will be construed fairly without regard to drafter.
Nothing creates partnership, joint venture, or employment relationship.
Only parties to these Terms have enforceable rights.
Verisight Analytics is committed to ensuring digital accessibility for people with disabilities. We continually improve user experience for everyone and apply relevant accessibility standards.
Contact for Accessibility Issues: Email: accessibility@mdsgenie.ai Phone: [To be provided]
Use of MDS Genie for Protected Health Information requires a signed Business Associate Agreement. We maintain HIPAA-compliant safeguards as detailed in our BAA.
Residents of certain states have additional privacy rights. See our Privacy Policy for details on: - California (CCPA/CPRA) - Virginia (VCDPA) - Colorado (CPA) - Other applicable state laws
MDS Genie is intended for use in the United States. International users access at their own risk and must comply with local laws.
Customer Support: - Email: support@mdsgenie.ai - Hours: Monday-Friday, 8 AM - 6 PM CT - Response Time: 1 business day
Legal/Compliance: - Email: legal@mdsgenie.ai - HIPAA Compliance: hipaa@mdsgenie.ai - Privacy Officer: privacy@mdsgenie.ai
Mailing Address:
Verisight Analytics, LLC
342 N Water St Suite 600
Milwaukee, WI 53202
"Business Associate Agreement" or "BAA": Agreement required under HIPAA for handling PHI
"Clinical Decision Support": Technology intended to assist healthcare professionals with clinical decision-making
"Covered Entity": Healthcare provider, health plan, or clearinghouse under HIPAA
"Facility": Single physical location of healthcare services
"MDS": Minimum Data Set for resident assessment in skilled nursing facilities
"PHI": Protected Health Information as defined by HIPAA
"Service": MDS Genie platform and all related services
ACCEPTANCE
BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING MDS GENIE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Last Updated: July 28, 2025
Version: 3.0
END OF TERMS OF SERVICE