Terms of Service
1. Acceptance of Terms
Welcome to ARC Health. These Terms of Service ("Terms") govern your access to and use of our website, clinical coding engine, and all associated software services (collectively, the "Platform"). By creating an account, entering an invitation token, or using any part of the Platform, you ("User" or "Customer") agree to be bound by these Terms, including the **Business Associate Agreement (BAA)** embedded herein. If you are agreeing on behalf of a medical practice, hospital, or other Covered Entity, you warrant that you have full legal authority to bind such entity.
2. Description of Service & Disclaimers
ARC Health provides a secure, web-based, Artificial Intelligence-powered Current Procedural Terminology (CPT) and medical coding analysis tool. The Platform processes redacted operative notes and generates suggested CPT codes, modifiers, and logical billing justifications.
CRITICAL CLINICAL DISCLAIMER: ARC Health is an administrative assistant tool driven by AI algorithms. It is not a professional medical biller, certified coder, or legal advisor. The CPT suggestions generated by the Platform are recommendations only and MUST be reviewed, validated, and verified by a qualified clinical coder, billing specialist, or licensed surgeon before any claims are submitted to health plans or government insurers. Customer retains full, sole, and exclusive responsibility for the accuracy of all medical claims submitted.
3. Accounts, Access Tokens & Security
To ensure high compliance standards, access to ARC Health is strictly controlled:
- Invitation Tokens: Accounts may only be created via authorized invitation tokens. You may not share your invitation token or access credentials with any third party.
- Account Security: You are responsible for safeguarding your login credentials and ensuring that Multifactor Authentication (MFA), if enabled, is maintained. You must immediately notify ARC Health of any unauthorized access or security breach.
- Strict Prohibitions: You may not attempt to reverse engineer, decompile, or bypass the redaction filters of the Platform. Any attempt to deliberately bypass browser-side scrubbing filters to upload raw, unredacted patient names, Social Security Numbers, or clear PHI is a material violation of these Terms.
4. Business Associate Agreement (BAA)
Under HIPAA, ARC Health acts as a "Business Associate" to you, the "Covered Entity", when processing any Protected Health Information (PHI) that might escape local scrubbing. Therefore, by accepting these Terms of Service, both parties agree to the following statutory click-through BAA:
A. Permitted Uses and Disclosures: Business Associate (ARC Health) may use or disclose PHI only as permitted or required by this Agreement, to perform the CPT coding analysis services requested by Covered Entity, or as required by law.
B. Safeguards: Business Associate will use appropriate and reasonable administrative, physical, and technical safeguards to prevent any use or disclosure of PHI other than as provided for by this Agreement, in accordance with the HIPAA Security Rule.
C. Reporting of Breach: Business Associate will report to Covered Entity any use or disclosure of PHI not provided for by this Agreement of which it becomes aware, including breaches of unsecured PHI as required by 45 CFR § 164.410, within seventy-two (72) hours of discovery.
D. Subcontractors: Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions and conditions that apply to the Business Associate under these provisions.
E. Access to Books and Records: Business Associate will make its internal practices, books, and records available to the Secretary of HHS for purposes of determining Covered Entity's compliance with HIPAA.
F. Return or Destruction: Upon termination of this Agreement, Business Associate will, if feasible, return or destroy all PHI received from, or created/received by Business Associate on behalf of Covered Entity, or extend protections if return/destruction is infeasible.
5. Data Usage, Ownership & AI Development
Clinical Notes Ownership: As between you and ARC Health, you retain full ownership, copyright, and control over all clinical texts, notes, and documentation uploaded to the platform.
Ownership of De-Identified Data: In accordance with the Safe Harbor Method under HIPAA (45 CFR § 164.514(b)(2)), when patient reports are uploaded, they are parsed and stripped of all 18 identifiers. You acknowledge and agree that fully de-identified clinical narratives, surgical descriptions, CPT codes, and modifier mappings are no longer classified as PHI. ARC Health owns all rights, titles, and interests in this de-identified clinical metadata. You hereby grant ARC Health a perpetual, royalty-free, irrevocable license to retain, compile, and use this de-identified data for the purpose of training, fine-tuning, and refining our machine learning and AI billing models.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARC HEALTH, ITS DIRECTORS, EMPLOYEES, AND PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ARC HEALTH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM EVENT. WE DO NOT GUARANTEE THAT CODES PRODUCED BY THE AI WILL BE APPROVED BY HEALTH INSURANCE PROVIDERS, AND WE SHALL NOT BE LIABLE FOR CLAIM DENIALS, AUDIT PENALTIES, OR FINANCIAL RECOUPMENTS LEVIED AGAINST CUSTOMER BY THIRD-PARTY PAYERS.
7. Indemnification
You agree to defend, indemnify, and hold harmless ARC Health, its subprocessors, and its officers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (i) your violation of these Terms; (ii) your violation of any third-party rights, including patient privacy rights under HIPAA; (iii) your negligence or intentional misconduct; or (iv) any billing claims submitted to insurance companies based on suggestions from the Platform.
8. Termination
ARC Health reserves the right to suspend or terminate your account and access to the Platform immediately if you breach these Terms, upload unredacted clinical data in a manner that bypasses local privacy rules, or engage in suspicious administrative activity. You may terminate your account at any time by requesting deletion through your portal. Upon termination, all your stored operational notes will be purged within 30 days.
9. Governing Law
These Terms and the Click-Through BAA shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law principles. Any dispute arising under this Agreement shall be resolved exclusively in the state or federal courts located in San Francisco, California.