MDS Genie Terms of Service

1. Service Description

1.1 What MDS Genie Provides

MDS Genie is an AI-powered platform that assists healthcare professionals with:

• MDS (Minimum Data Set) assessment guidance and coding recommendations
• Clinical documentation analysis and suggestions
• Regulatory compliance insights
• Quality assurance tools for MDS submissions

1.2 Service Limitations

2. User Eligibility and Responsibilities

2.1 Authorized Users

MDS Genie is intended for use by:

• Licensed healthcare professionals
• MDS coordinators and clinical staff
• Healthcare facility administrators
• Other qualified professionals involved in MDS assessment

2.2 Professional Responsibility

By using our service, you represent that you:

• Are a qualified healthcare professional or work under appropriate supervision
• Will use the service only for legitimate healthcare purposes
• Will not rely solely on AI recommendations for clinical decisions
• Will maintain appropriate professional standards and licensing requirements

3. Account and Security

3.1 Account Registration

• You must provide accurate and complete registration information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized account access
• One account per individual user (no shared accounts)

3.2 Acceptable Use

You agree NOT to:

• Share your account credentials with others
• Use the service for any unlawful purpose
• Attempt to access, modify, or interfere with our systems
• Input protected health information (PHI) beyond what's necessary for assessment
• Reverse engineer or attempt to extract our AI models

4. Privacy and Data Protection

4.1 HIPAA Compliance

MDS Genie operates as a HIPAA Business Associate when processing PHI. Key protections include:

• All PHI is processed securely and never stored long-term
• Clinical notes are processed and immediately discarded
• Business Associate Agreements (BAA) available for covered entities
• Comprehensive audit logging of all PHI access

4.2 Data Processing

5. Payment Terms and Credits

5.1 Credit System

• MDS Genie operates on a credit-based system
• Each AI assessment consumes one credit
• Credits do not expire and are non-transferable
• New users receive 1 free credit for evaluation

5.2 Payments and Refunds

• All payments are processed securely through Stripe
• Credit purchases are final sale (no refunds unless required by law)
• Pricing may change with 30 days notice to existing users
• Outstanding balances may result in service suspension

6. Intellectual Property

6.1 Our Rights

MDS Genie retains all rights to:

• Our AI models, algorithms, and software
• Service interface, branding, and content
• Aggregate, non-identifying usage analytics
• Improvements and updates to the service

6.2 Your Rights

You retain ownership of:

• Your clinical documentation and assessment data
• Reports and outputs generated from your data
• Your account information and usage history

7. Service Availability and Support

7.1 Service Level

• We strive for 99.9% uptime but cannot guarantee uninterrupted service
• Scheduled maintenance will be announced in advance when possible
• Emergency maintenance may occur without notice

7.2 Support

• Technical support available via email during business hours
• Documentation and help resources available 24/7
• Response time: 24-48 hours for general inquiries

8. Disclaimers and Limitations

8.1 Medical Disclaimer

8.2 Accuracy Disclaimer

• AI recommendations are provided "as is" without warranty of accuracy
• Users must verify all suggestions against current regulations
• We are not liable for errors in AI-generated recommendations
• MDS submission accuracy remains the user's responsibility

8.3 Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the amount paid for services in the past 12 months
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for regulatory penalties or compliance failures
• Users assume full responsibility for clinical and regulatory compliance

9. Regulatory Compliance

9.1 Healthcare Regulations

• Users are responsible for compliance with all applicable healthcare regulations
• MDS Genie provides guidance based on current CMS regulations
• Regulatory changes may affect service recommendations
• Users should verify current regulations independently

9.2 State and Local Laws

• Users must comply with state and local healthcare laws
• Some features may not be available in all jurisdictions
• International users are responsible for local law compliance

10. Service Modifications and Termination

10.1 Service Changes

• We may modify features with reasonable notice
• Critical updates may be implemented immediately
• Deprecated features will have 90 days notice when possible

10.2 Account Termination

We may suspend or terminate accounts for:

• Violation of these terms
• Fraudulent or illegal activity
• Non-payment of fees
• Misuse of the service

11. Indemnification

You agree to indemnify and hold MDS Genie harmless from any claims, damages, or expenses arising from:

• Your use of the service
• Violation of these terms
• Infringement of third-party rights
• Your clinical or regulatory compliance failures

12. Governing Law and Dispute Resolution

12.1 Governing Law

These terms are governed by the laws of Illinois, United States, without regard to conflict of law principles.

12.2 Dispute Resolution

• Initial disputes should be addressed through customer support
• Formal disputes subject to binding arbitration in Illinois
• Class action waiver applies to the extent permitted by law

13. Contact Information

14. Terms Updates

We may update these terms to reflect:

• Changes in applicable law or regulations
• New service features or modifications
• Enhanced security or privacy protections

Material changes will be communicated with 30 days notice. Continued use after changes constitutes acceptance of new terms.

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