Service Terms

1. Services & Support

WISE IT LLC ("FluxPT," "we," "us," or "our") grants you a non-exclusive, non-transferable right to access and use our HIPAA-compliant clinical documentation and practice management platform during the subscription term.

Our Services include:

• Clinical documentation tools (SOAP notes, assessments, outcome measures)
• AI-powered ambient documentation and coding suggestions
• Practice management and scheduling
• Billing and claims management with 8-minute rule calculations
• Patient communication and appointment reminders
• Analytics and reporting

We aim for 99.9% uptime but provide the Service "as-is" without guaranteed uptime commitments unless specified in a separate Service Level Agreement.

2. Data Ownership & Licensing

2.1 Your Patient Data

2.2 License to Provide Services

You grant FluxPT a worldwide, royalty-free, non-exclusive license to host, copy, transmit, and display Customer Data solely as necessary to:

• Provide the Services to you
• Detect and prevent security breaches
• Comply with legal obligations

2.3 De-Identification & Product Improvement

You agree that FluxPT may de-identify Customer Data in accordance with HIPAA "Safe Harbor" standards (45 CFR § 164.514(b)). Once data is de-identified (stripped of PHI):

• FluxPT retains full ownership of such de-identified data
• The data is no longer subject to this Agreement or HIPAA
• FluxPT may use it for any lawful purpose, including but not limited to:
  • Training and improving machine learning models and algorithms
  • Benchmarking and statistical analysis
  • Improving user interface and search functionality
  • Developing new products and services

This de-identified data cannot be traced back to you or your patients.

3. HIPAA Compliance & BAA

For healthcare providers (Covered Entities) using FluxPT to process Protected Health Information (PHI), our Business Associate Agreement (BAA) applies and is incorporated into these Terms by reference.

If there is a conflict between these Terms and the BAA regarding PHI, the BAA controls.

By using the Services to process PHI, you represent that you are a Covered Entity or Business Associate under HIPAA and agree to the BAA terms.

4. Account Registration & Security

To use the Services, you must:

• Provide accurate, current, and complete registration information
• Maintain the security and confidentiality of your login credentials
• Ensure each user has their own unique account (no credential sharing)
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

Your use of the Services is also subject to our Acceptable Use Policy.

5. SMS/Text Messaging Terms

5.1 Opting Out

You can cancel the SMS service at any time. Text "STOP" to the number from which you received messages. After you send "STOP," we will confirm your unsubscription. You will no longer receive SMS messages from us unless you re-subscribe.

5.2 Getting Help

Reply "HELP" for assistance, or contact support@fluxpt.com.

5.3 Message and Data Rates

Message and data rates may apply. You will receive 1-3 messages per scheduled visit, plus occasional account notifications. Carriers are not liable for delayed or undelivered messages.

6. Fees and Payment

You agree to:

• Pay all applicable fees as described in your subscription agreement
• Provide accurate billing information
• Authorize us to charge your payment method for recurring fees
• Notify us of any billing issues within 30 days

Fees are non-refundable except as required by law or as otherwise stated in your service agreement.

7. Intellectual Property

The Service and its original content, features, functionality, software, and documentation are owned by WISE IT LLC and are protected by international copyright, trademark, and other intellectual property laws.

FluxPT, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WISE IT LLC. You may not use these marks without our prior written permission.

8. Termination

8.1 Termination by You

You may stop using the Services and terminate your account at any time by contacting us.

8.2 Termination by Us

We may suspend or terminate your access immediately, without prior notice, for:

• Breach of these Terms or the AUP
• Non-payment of fees
• Violation of applicable laws
• Actions that may harm FluxPT or other users

8.3 Data Export

Upon termination, you will have 30 days to export your Customer Data using our standard export tools. After this period, FluxPT may delete your data in accordance with our data retention policies and the BAA.

9. Disclaimer of Warranties

FluxPT is a documentation and practice management tool and is not a substitute for professional medical judgment. Healthcare providers are solely responsible for clinical decisions.

10. Limitation of Liability

IN NO EVENT SHALL FLUXPT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or business opportunities
• Service interruption
• Computer damage or system failure
• Cost of substitute services

11. Indemnification

You agree to defend, indemnify, and hold harmless FluxPT and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of the Service
• Violation of these Terms or the AUP
• Your violation of any applicable laws, including HIPAA
• Infringement of any third-party rights

12. GDPR Compliance

WISE IT LLC is established in Romania, an EU member state, and complies with the General Data Protection Regulation (GDPR). For users in the European Economic Area:

• We process personal data only with a valid legal basis
• You have rights to access, rectify, erase, restrict, port, and object to processing
• International data transfers are protected by Standard Contractual Clauses
• Our Data Protection Officer can be reached at dpo@fluxpt.com

See our Privacy Policy for complete GDPR details.

13. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Bihor County, Romania. For EU consumers, mandatory consumer protection laws of your country of residence may also apply.

14. General Provisions

14.1 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms and updating the "Last Updated" date. Your continued use after changes constitutes acceptance.

14.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full force and effect.

14.3 Entire Agreement

These Terms, together with the BAA, AUP, and Privacy Policy, constitute the entire agreement between you and FluxPT regarding the use of the Services.