MedAdvocate
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE MEDADVOCATE PLATFORM. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MedAdvocate ("Company," "we," "us," or "our") governing your access to and use of the MedAdvocate mobile application and related services (collectively, the "Services"). By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2. Description of Services
MedAdvocate provides a service that assists users in identifying and disputing medical billing errors. Our Services include:
- Analysis of medical bills and Explanation of Benefits (EOB) documents using artificial intelligence technology
- Identification of potential billing errors, overcharges, and discrepancies
- Generation of professional dispute letters that you review and send to your provider
- Case tracking and status updates throughout the dispute process
MedAdvocate is not a law firm and does not provide legal advice. Our Services are informational and administrative in nature. For legal representation or advice, please consult a licensed attorney.
3. Eligibility
You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf.
4. Account Registration and Security
4.1 Account Creation
To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
4.2 Account Security
You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.
5. Fees and Payment Terms
5.1 Flat Fee Structure
MedAdvocate charges a flat fee for access to our dispute letter generation service. The current fee is displayed at the time of purchase. All fees are charged upfront prior to generating your dispute letter.
5.2 Payment Method
You agree to provide a valid payment method and authorize us to charge the applicable fee at the time of purchase. All payments are processed securely through Stripe, Inc., our third-party payment processor. Your payment information is transmitted directly to Stripe and is not stored by MedAdvocate. By making a payment, you also agree to Stripe's terms of service and privacy policy.
5.3 Refunds
Due to the nature of our digital services, all fees are non-refundable once a dispute letter has been generated. If you experience a technical issue that prevents delivery of the service, please contact us at team@medadvocate.net.
5.4 Third-Party Service Providers
MedAdvocate uses third-party service providers to deliver certain features of the Services, including cloud infrastructure (Amazon Web Services), AI analysis (Anthropic), physical mail delivery (Lob, Inc.), email delivery (Postmark), and mapping services (Google LLC). By using the Services, you acknowledge and consent to your information being shared with these providers as necessary to deliver the Services you request. These providers are contractually bound to use your information solely for the purpose of providing services to MedAdvocate on your behalf.
6. User Responsibilities and Conduct
As a user of MedAdvocate, you agree to:
- Provide accurate and complete information regarding your medical bills and related documentation
- Cooperate with our dispute process and respond promptly to any requests for additional information
- Not use the Services for any fraudulent or illegal purposes
- Not attempt to access, tamper with, or use non-public areas of the platform
- Not interfere with or disrupt the Services or servers or networks connected to the Services
- Comply with all applicable federal, state, and local laws and regulations
7. HIPAA Compliance and Protected Health Information
7.1 Business Associate Relationship
MedAdvocate functions as your Business Associate under the Health Insurance Portability and Accountability Act (HIPAA). We maintain administrative, physical, and technical safeguards designed to protect the privacy and security of your Protected Health Information (PHI) in accordance with HIPAA requirements.
7.2 Use and Disclosure of PHI
We will use and disclose your PHI only as necessary to provide our Services, as required by law, or as you otherwise authorize. We will not use or disclose your PHI in any manner that would violate HIPAA if done by you. Our Privacy Policy provides additional details about how we handle your health information.
7.3 Security Measures
We implement appropriate security measures including encryption, access controls, and regular security assessments to protect your PHI from unauthorized access, use, or disclosure. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
8. Intellectual Property Rights
8.1 Our Property
The Services, including all content, features, functionality, software, and technology, are owned by MedAdvocate and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for their intended purpose.
8.2 Your Content
You retain ownership of all documents, bills, and other content you upload to the Services ("User Content"). By uploading User Content, you grant us a limited license to use, store, and process such content solely for the purpose of providing our Services to you.
9. Disclaimers and Limitations of Liability
9.1 No Guarantees
While we strive to identify billing errors and obtain favorable outcomes, we cannot guarantee that disputes will be successful or that any specific amount will be recovered. Results may vary based on the specific circumstances of each case, the cooperation of healthcare providers and insurers, and applicable laws and regulations.
9.2 Service Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDADVOCATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless MedAdvocate, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any User Content you submit, post, or transmit through the Services.
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will immediately cease. You remain responsible for any fees owed for services rendered prior to termination.
11.2 Termination by Us
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms. We are not liable to you or any third party for any termination of your access to the Services.
11.3 Effect of Termination
Upon termination, we will cease providing Services for new cases. However, we will continue to pursue any ongoing disputes to completion unless you specifically request otherwise in writing. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Dispute Resolution and Arbitration
12.1 Informal Resolution
Before filing any formal claim, you agree to contact us to seek an informal resolution of any dispute. We will attempt to resolve the dispute informally within thirty (30) days of receiving notice of the dispute.
12.2 Binding Arbitration
If we cannot resolve the dispute informally, any claim, dispute, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in the county where you reside or another mutually agreed location.
12.3 Class Action Waiver
YOU AND MEDADVOCATE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and MedAdvocate agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Salt Lake County, Utah, and you consent to the personal jurisdiction of such courts.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our platform and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and MedAdvocate regarding the Services and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
15.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
16. Contact Information
If you have any questions about these Terms, please contact us at:
MedAdvocate
Email: team@medadvocate.net
Website: www.medadvocate.net