1. Agreement to these terms
These Terms and Conditions govern access to and use of the CollaboratMD website and platform, operated by CollaboratMD, 10377 S Jordan Gateway #110, South Jordan, UT 84095. By creating an account, signing an order form or using the service, you agree to them. If you are agreeing on behalf of an organization, you confirm that you have the authority to bind it, and you then means that organization.
2. The service
CollaboratMD is software for revenue cycle management: eligibility verification, charge capture, claim scrubbing, electronic claim submission, remittance posting, denial management, patient billing and reporting. We provide the software. We do not provide medical, coding, legal or financial advice, and we do not decide what to bill.
3. Your account
- Give accurate registration details and keep them current.
- Keep credentials confidential, and use one account per person. Shared logins defeat the audit trail that HIPAA requires.
- Tell us promptly if you suspect unauthorized access.
- You are responsible for everything done under your account.
4. Acceptable use
You agree not to:
- Submit a claim you know to be false, or use the platform to misrepresent services rendered.
- Upload malicious code, or probe, scan or attempt to breach the service.
- Reverse engineer the platform, or copy it to build a competing product.
- Resell or sublicense access without our written agreement.
- Use the service in a way that breaks any applicable law, including HIPAA, the False Claims Act and the Anti-Kickback Statute.
5. Your data
You keep ownership of everything you put into the platform. You grant us only the license needed to host, process, transmit and back it up so the service can function. Where the data includes protected health information, our business associate agreement governs and controls over any conflicting term in this document.
You are responsible for the accuracy of what you enter, for the codes you select and for the claims you submit. The scrubber catches many errors. It does not make the submission correct, and it is not a substitute for a qualified coder.
6. Fees and payment
Fees are set in your order form. Subscriptions renew for successive terms unless either party gives notice before the renewal date. Invoices are due 30 days from issue. Late amounts may carry interest at the lower of 1.5% per month or the maximum the law allows. Fees exclude taxes, which are your responsibility. We may change pricing for a renewal term with 60 days' notice.
7. Availability and support
We work to keep the service available at all times, excluding scheduled maintenance announced in advance and events outside our reasonable control. Where an order form includes a service level agreement, the remedies in it are your exclusive remedy for missed availability.
8. Intellectual property
The platform, its interface and its documentation remain our property and that of our licensors. We grant you a non-exclusive, non-transferable right to use the service during your subscription, for your internal business purposes. Nothing else is granted.
9. Third-party services
The platform exchanges transactions with clearinghouses, payers, EHRs and laboratories. Their performance is their own, and their terms govern their services. We are not responsible for a payer's adjudication decision or for how long it takes.
10. Disclaimers
Except as expressly stated, the service is provided as is and as available, without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that a claim will be accepted, that a payer will pay, or that any particular financial result will follow from using the platform.
11. Limitation of liability
To the fullest extent the law permits, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability arising out of this agreement is capped at the fees you paid in the twelve months before the event giving rise to the claim. These limits do not apply to a party's indemnification obligations, to breach of confidentiality, or to liability that cannot be limited by law.
12. Indemnification
You will defend and indemnify us against claims arising from your use of the service in breach of these terms or of applicable law, including claims about the accuracy of what you submitted. We will defend and indemnify you against claims that the platform, used as permitted, infringes a third party's intellectual property rights.
13. Term and termination
Either party may terminate for material breach that is not cured within 30 days of written notice. On termination, your right to use the service ends and we will provide an export of your data on request for 30 days, after which we may delete it in line with the business associate agreement and the Privacy Policy.
14. Changes
We may update these terms. For a material change we will give 30 days' notice by email or inside the application. Continuing to use the service after the change takes effect means you accept the revision.
15. Governing law and disputes
These terms are governed by the laws of the State of Utah, without regard to its conflict of laws rules. The parties will attempt to resolve any dispute in good faith for 30 days before starting proceedings, which will be brought in the state or federal courts located in Salt Lake County, Utah.
16. General
If a provision is held unenforceable, the rest stays in force. A failure to enforce a right is not a waiver of it. You may not assign this agreement without our consent, except to a successor in a merger or a sale of substantially all assets. These terms, the order form and the business associate agreement are the entire agreement between us.
CPT® is a registered trademark of the American Medical Association. The service uses CPT codes as identifiers only; it does not supply CPT descriptions, which you enter or import under your own license. ICD-10-CM and HCPCS Level II code sets are published by the US government.
17. Contact
Questions about these terms go to our legal team through the contact page, or by mail to CollaboratMD, 10377 S Jordan Gateway #110, South Jordan, UT 84095.