TERMS AND CONDITIONS

Introduction

Welcome to AIHCON, we provide medical SAAS software in the United States. We are committed to ensuring the privacy and security of protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA). This HIPAA compliant terms and conditions governs your use of AIHCON's platform, services, and products (collectively, the "Services"). This Statement is applicable to our website and its associated software applications, and governs our collection, use, and disclosure of your information (“Information”). By using our website and/or any associated software applications, you acknowledge and agree to our practices described in this Statement. By accessing or using our Services, you agree to comply with these terms and conditions. If you do not agree to these terms, you should not use our Services. Please read this agreement carefully, as it contains important information about your rights and responsibilities, as well as the terms and conditions under which we provide our Services. We may modify or update this agreement at any time, and such changes will be effective upon posting. Your continued use of the Services after any modifications or updates constitute your acceptance of the revised terms.


Definitions

  • "AIHCON," "we," "us," or "our" refer to AIHCON, a company that provides medical SAAS software in the United States.
  • "Business Associate" refers to any individual or organization that performs functions or activities on behalf of a covered entity that involve the use or disclosure of PHI, as defined by HIPAA.
  • "Covered Entity" refers to any health care provider, health plan, or health care clearinghouse that transmits or maintains PHI, as defined by HIPAA.
  • "HIPAA" refers to the Health Insurance Portability and Accountability Act of 1996, as amended.
  • "Protected Health Information" or "PHI" refers to individually identifiable health information that is transmitted or maintained by a covered entity or business associate, as defined by HIPAA.
  • "Services" refer to AIHCON's platform, products, and services, including any updates or modifications to the Services.
  • "User" refers to any individual or entity that uses or accesses the Services, including covered entities and business associates.
  • "User Data" refers to any data or information provided by the User to AIHCON through the Services, including PHI.
  • "User Materials" refer to any materials or content provided by the User to AIHCON through the Services, including PHI.
  • "User Account" refers to the account created by the User to access the Services.


Applicability and Acceptance

These terms and conditions apply to all Users of the Services provided by AIHCON. By accessing or using the Services, the User agrees to comply with these terms and conditions. If the User does not agree to these terms, the User should not use the Services. The User represents and warrants that the User is authorized to accept these terms and conditions on behalf of the covered entity or business associate that the User represents. AIHCON reserves the right to modify or update these terms and conditions at any time. Any such changes will be effective upon posting the revised terms and conditions on the AIHCON website or platform. The User's continued use of the Services after any modifications or updates constitute the User's acceptance of the revised terms and conditions. These terms and conditions are in addition to, and not in lieu of, any other agreements or terms and conditions that may apply to the User's use of the Services. In the event of any conflict between these terms and conditions and any other agreements or terms and conditions, these terms and conditions will govern with respect to the User's use of the Services. If the User is accessing or using the Services on behalf of a covered entity or business associate, the User represents and warrants that the User is authorized to accept these terms and conditions on behalf of such covered entity or business associate, and that such covered entity or business associate agrees to be bound by these terms and conditions. The User acknowledges and agrees that AIHCON is a business associate under HIPAA, and that the User is solely responsible for complying with all applicable laws and regulations, including HIPAA and the HITECH Act, with respect to the User's use of the Services and the User's handling of PHI.


Privacy and Data Security

  • AIHCON is committed to protecting the privacy and security of all protected health information ("PHI") that is collected, processed, stored, or transmitted through the Services. AIHCON will only collect, use, and disclose PHI in accordance with the terms of the Business Associate Agreement and the User's authorization, and as required by applicable law. AIHCON will implement and maintain reasonable and appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of the PHI. AIHCON will promptly notify the User of any unauthorized access, use, or disclosure of PHI of which it becomes aware, and will cooperate with the User to investigate and mitigate any such breach.
  • The User is solely responsible for maintaining the security of its account and for safeguarding the confidentiality of its login credentials and PHI.
  • The User acknowledges and agrees that the Services may involve the transmission of PHI over the internet, and that AIHCON cannot guarantee the security of such transmissions.
  • The User is solely responsible for complying with all applicable laws and regulations, including HIPAA and the HITECH Act, with respect to the User's use of the Services and the User's handling of PHI.
  • The User acknowledges and agrees that AIHCON may use de-identified or aggregated data for research, development, or other purposes, provided that such use does not identify the User or any individual.
  • Upon the termination of the User's account, AIHCON will return or destroy all PHI that is in its possession or control, unless such return or destruction is not feasible, in which case AIHCON will extend the protections of these terms and conditions to the PHI and limit further uses and disclosures to those purposes that make the return or destruction infeasible.


Authorized Use of Services

  • The User will only use the Services for authorized purposes and in compliance with all applicable laws and regulations, including HIPAA and the HITECH Act.
  • The User will not use the Services to transmit, store, or process any data or information that is illegal, fraudulent, defamatory, obscene, or offensive, or that infringes on any intellectual property or privacy rights.
  • The User will not use the Services to harass, threaten, or harm any individual or entity, or to engage in any activity that could damage, disable, overburden, or impair the Services.
  • The User acknowledges and agrees that AIHCON is not responsible for any data or information that the User chooses to upload, store, or transmit through the Services.
  • The User will not share or disclose any login credentials, passwords, or other security measures associated with the Services, and will immediately notify AIHCON of any unauthorized use or access.
  • The User acknowledges and agrees that AIHCON may suspend or terminate the User's access to the Services at any time, without notice, for any reason, including for violation of these terms and conditions or applicable laws and regulations.
  • The User will indemnify, defend, and hold harmless AIHCON, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising from or related to the User's use of the Services or the User's breach of these terms and conditions or applicable laws and regulations.
  • The User acknowledges and agrees that AIHCON may modify, update, or change the Services at any time, without notice, and that such modifications may affect the User's access to or use of the Services.
  • The User acknowledges and agrees that AIHCON may monitor the User's use of the Services for compliance with these terms and conditions and applicable laws and regulations, and that AIHCON may disclose any information related to such monitoring as required by law.
  • The User acknowledges and agrees that AIHCON may use cookies or other technologies to collect information about the User's use of the Services, and that such information may be used to improve the Services and to provide personalized content and advertisements.
  • The User acknowledges and agrees that AIHCON may use third-party service providers to provide the Services, and that such providers may have access to the User's data and information as necessary to provide the Services.


Responsibilities of Covered Entity & Business Associates

AIHCON acknowledges and agrees that, as a covered entity or a business associate of a covered entity under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), it is subject to all applicable federal and state privacy and security laws and regulations with respect to protected health information. AIHCON further agrees to take reasonable steps to safeguard protected health information and ensure its appropriate use and disclosure as required by law and as provided in its agreements with any covered entity or business associate it serves.


Data Use & Access

AIHCON agrees to limit use and disclosure of protected health information to the minimum amount necessary for its intended purpose. AIHCON further agrees to provide covered entities and business associates with appropriate access to and use of protected health information in accordance with HIPAA.


Safeguards & Security

AIHCON agrees to implement reasonable and appropriate administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of protected health information, and ensure its proper use and access as required by HIPAA.


Incident Response and Reporting

AIHCON agrees to create and implement an incident response and reporting program to address and report any potential or actual HIPAA violation by AIHCON or its business associates.


Termination of Services

AIHCON agrees to return or destroy all protected health information in its possession or control upon the termination of services for any covered entity or business associate. AIHCON further agrees to provide documented certification of such return or destruction of all protected health information upon written authorization from the covered entity or business associate.


Dispute Resolution & Arbitration

In the event of a dispute between AIHCON and any covered entity or business associate, AIHCON and the covered entity or business associate agree to attempt to resolve any such dispute in good faith and using best efforts in an informal way, based upon mutual respect and recognition of each party’s respective rights. AIHCON and the covered entity or business associate agree that any dispute that cannot be resolved in the chosen informal manner will be decided in arbitration conducted according to the standards of the American Arbitration Association.


Governing Law & Jurisdiction

AIHCON agrees to be bound by all applicable federal and state laws relating to its activities under this agreement, including HIPAA. The laws of the State of Virginia, in particular, shall govern the interpretation and enforcement of this Agreement, as well as any dispute between AIHCON and a covered entity or business associate.


Changes to the Agreement

AIHCON reserves the right to update its Terms & Conditions, including this HIPAA compliant section, from time to time without notice. Any changes shall become effective upon posting of the updated Terms & Conditions on AIHCON’s website.


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