Terms of Service
Please read these terms carefully before using our services.
Table of Contents
Last Updated: January 1, 2025
1. Acceptance of Terms
By accessing or using the services provided by Affine Health Intelligence, Inc. ("Affine," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms apply to all users of our platform, including customers, authorized users, and visitors to our website.
2. Services Description
Affine provides a healthcare data analytics platform that includes:
- Data ingestion and parsing services for healthcare file formats
- Data transformation and standardization to OMOP CDM
- Risk adjustment analytics and RAF score calculation
- Clinical analytics and phenotyping tools
- Professional services including implementation and support
Services are provided on a subscription basis as detailed in your Order Form or Statement of Work.
3. Account Registration
To use our services, you must:
- Register for an account with accurate and complete information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access
- Clinical analytics and phenotyping tools
- Be at least 18 years old and have authority to bind your organization
You are responsible for all activities that occur under your account.
4. Acceptable Use
You agree not to:
- Use the services for any unlawful purpose
- Attempt to gain unauthorized access to any systems or data
- Interfere with or disrupt the integrity of our services
- Sublicense, sell, or transfer your access to third parties
- Use the services in violation of HIPAA or other applicable regulations
5. Data Ownership
Your Data Remains Yours.
You retain all ownership rights to your data. Affine does not acquire any ownership interest in customer data by virtue of providing services.
Key data terms:
- Customer Data: All data you upload, process, or store using our services remains your property
- PHI Processing: We process PHI only in your environment and according to our BAA
- Code Deliverables: Custom code developed for you (dbt models, parsers) is licensed to you for perpetual use
- Aggregated Data: We may use anonymized, aggregated data to improve our services
6. Intellectual Property
Affine retains all intellectual property rights in our platform, including:
- Our software, algorithms, and data models
- Platform architecture and user interfaces
- Documentation and training materials
- Trademarks, logos, and brand elements
We grant you a limited, non-exclusive license to use our platform during your subscription term.
7. Payment Terms
- Fees are specified in your Order Form and due according to the payment schedule
- All fees are non-refundable except as specified in writing
- Late payments may incur interest at 1.5% per month
- We may suspend services for accounts more than 30 days past due
- Prices may change upon renewal with 60 days notice
8. Warranties & Disclaimers
We warrant that:
- Services will be performed in a professional and workmanlike manner
- We have the right to provide the services
- Services will materially conform to documentation
DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- AFFINE'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM
- THESE LIMITATIONS DO NOT APPLY TO BREACHES OF CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS
10. Termination
- Either party may terminate for material breach with 30 days written notice and opportunity to cure
- We may terminate immediately for violations of acceptable use policies
- Upon termination, you will have 30 days to export your data
- Sections relating to ownership, confidentiality, and liability survive termination
11. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware, and both parties consent to jurisdiction there.
12. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes via email or through our platform at least 30 days before they take effect. Your continued use of services after changes take effect export constitutes acceptance of the modified Terms.
Contact
Questions about these Terms should be directed to:
Affine Health Intelligence, Inc.
Email: info@affine-health.io