Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing and using the EXFFHIR Solution platform and services provided by Exafluence Inc. ("Company," "we," "our," or "us"), you ("User," "you," or "your") accept and agree to be bound by the terms and provisions of this agreement ("Terms of Service" or "Terms").

If you do not agree to these Terms, please do not access or use our services. Your continued use of our platform constitutes acceptance of any modifications to these Terms.

2. Description of Service

EXFFHIR Solution provides AI-powered FHIR mapping and healthcare data integration services, including:

  • Agentic AI Mapping Engine for intelligent healthcare data transformation
  • FHIR R4/R5 compliant data repository and APIs
  • Real-time data ingestion and processing pipelines
  • Enterprise-grade security and compliance features
  • Healthcare interoperability consulting and support services
  • On-premises and cloud deployment options
  • Custom integration and implementation services

3. User Responsibilities

Important Notice

Users are responsible for ensuring compliance with all applicable healthcare regulations, including HIPAA, when using our services with protected health information.

You agree to:

  • Provide accurate and complete information during registration and use
  • Maintain the security and confidentiality of your account credentials
  • Use the service in compliance with all applicable laws and regulations
  • Not attempt to gain unauthorized access to our systems or other users' data
  • Report any security vulnerabilities or incidents promptly to our team
  • Respect intellectual property rights and not reverse engineer our software
  • Use the platform only for legitimate healthcare interoperability purposes
  • Maintain appropriate data backup and disaster recovery procedures

4. Data Processing and Privacy

Healthcare Data Protection

For healthcare clients processing Protected Health Information (PHI), additional safeguards and agreements are required.

Our data processing practices include:

  • Business Associate Agreement (BAA) execution for PHI processing
  • End-to-end encryption for all data transmission and storage
  • Comprehensive access controls and audit logging
  • Regular security assessments and compliance monitoring
  • Data residency options including on-premises deployment
  • Incident response procedures and breach notification protocols

5. Service Availability and Performance

We strive to maintain high service availability and performance standards:

  • Target uptime: 99.9% monthly availability for cloud-hosted services
  • Maintenance windows: Scheduled maintenance communicated 48 hours in advance
  • Emergency maintenance: May occur with minimal notice for security issues
  • Service credits: Available for extended outages per Service Level Agreement
  • Performance monitoring: Continuous monitoring of system performance
  • Disaster recovery: Comprehensive backup and recovery procedures

Note: On-premises deployments are subject to your infrastructure and maintenance practices. We provide support and guidance but cannot guarantee uptime for customer-managed environments.

6. Intellectual Property Rights

The EXFFHIR platform and all related intellectual property are protected by law:

  • All platform software, algorithms, and AI models remain our exclusive property
  • You retain full ownership of your data and content processed through our platform
  • Limited license granted for platform usage during active subscription period
  • No reverse engineering, decompilation, or unauthorized copying permitted
  • Agentic AI Mapping Engine technology is proprietary and confidential
  • Third-party integrations subject to respective licensing terms

7. Limitation of Liability

To the maximum extent permitted by applicable law, Exafluence Inc. shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, business opportunities, or goodwill
  • Service interruptions, data processing delays, or system downtime
  • Third-party integrations, external system failures, or network issues
  • Damages resulting from unauthorized access or data breaches beyond our control
  • Any damages exceeding the amount paid for services in the preceding 12 months

Healthcare Disclaimer: Our platform is designed to support healthcare interoperability but does not provide medical advice, diagnosis, or treatment recommendations. Healthcare decisions remain the responsibility of qualified medical professionals.

8. Subscription and Payment Terms

Subscription and payment terms for EXFFHIR Solution services:

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by applicable law
  • Price changes require 30 days advance written notice
  • Overdue accounts may result in service suspension after notice period
  • Enterprise contracts may include custom pricing and terms
  • Professional services are billed separately from platform subscriptions

9. Termination

Either party may terminate this agreement under the following conditions:

  • For convenience: 30 days written notice required
  • For cause: Immediate termination for material breach of terms
  • Non-payment: Termination after 15 days notice for overdue accounts
  • End of subscription: Automatic termination upon subscription expiration

Upon termination:

  • Data export assistance provided for 30 days after termination
  • All access credentials and licenses are immediately revoked
  • Confidentiality obligations continue indefinitely
  • Outstanding fees remain due and payable

10. Governing Law and Disputes

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. Any disputes arising from these Terms or use of our services shall be resolved through:

  • Good faith negotiation as the first step in dispute resolution
  • Binding arbitration if negotiation fails, conducted in New Jersey
  • Exclusive jurisdiction of New Jersey state and federal courts for any legal proceedings

11. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

  • Email notification to registered users
  • Prominent notice on our website and platform
  • 30-day advance notice for significant changes
  • Updated "Last modified" date on this page

Continued use of our services after changes constitutes acceptance of the modified Terms.

12. Contact Information

For questions about these Terms of Service or our platform, contact us:

Legal Department: legal@exafluence.com

General Inquiries: info@exafluence.com

Phone: (1) 888 223 6742

Address: 3759 US Route 1 South, Suite 203, South Brunswick, NJ 08852

Business Hours: Monday - Friday, 9:00 AM - 6:00 PM EST

Review our Privacy Policy and Security & Compliance pages for comprehensive platform information.