Terms of Service

These Terms of Service ("Terms") govern the relationship between INTAKEACCESS,AI LLC (DBA: Intake Access Health Solutions), a Alabama limited liability company with offices at 181 W Valley Ave STE 245-1742, Birmingham, AL 35209 ("Company," "we," "us," "our") and the individual or entity ("User," "you," "your") accessing or using the platform at https://intakeaccess.ai ("Platform").

Key defined terms used throughout these Terms:

• "PHI" means Protected Health Information as defined under HIPAA (45 C.F.R. § 160.103).
• "Covered Entity" means a healthcare provider, health plan, or healthcare clearinghouse as defined under HIPAA.
• "BAA" means Business Associate Agreement as required by HIPAA when a business associate handles PHI on behalf of a covered entity.
• "Provider" means any licensed healthcare professional, clinician, therapist, or prescriber using the Platform.
• "Facility" means any hospital, clinic, skilled nursing facility (SNF), rehabilitation center, FQHC, or other healthcare organization subscribing to the Platform.
• "Patient" means an individual receiving care through a Provider or Facility using the Platform.
• "Subscription" means the monthly fee-based access to Platform features under a selected pricing tier.
• "AI Features" means all artificial intelligence, machine learning, and automated decision-support tools embedded in the Platform, including but not limited to AI intake, wound imaging AI, prior authorization AI, and clinical decision support.

IntakeAccess.ai is a comprehensive AI-powered healthcare platform designed to serve Medicare/Medicaid providers, hospitals, clinics, SNFs, and private practices. The Platform provides:

• AI Patient Intake: Voice-enabled forms and 50+ specialty-specific templates for streamlined patient onboarding
• Prior Authorization (PA) Processing: AI-assisted PA generation, submission, and tracking
• Insurance Verification: Real-time eligibility checks and benefits verification
• Telepsychiatry Suite: Virtual waiting room, crisis resources, PHQ-9/GAD-7/MDQ assessments, 988 integration
• Telemedicine: Secure HIPAA-compliant video consultations
• Secure Messaging: Encrypted patient-provider communications
• E-Prescribing: Electronic prescription management and transmission
• Wound Imaging AI: AI-assisted wound staging, measurement, and progression tracking
• Post-Acute Care (PAC) Management: Coordination tools for SNFs, rehab, and home health
• Medicaid Claims Processing: EDI-integrated claims submission and management
• Patient Portal: Secure, 2FA-protected patient access to records and communications

Use of the Platform as a Provider or Facility requires:

• Valid professional licensure in good standing in the applicable jurisdiction(s)
• A valid National Provider Identifier (NPI) for billing-enabled accounts
• Execution of a Business Associate Agreement (BAA) before any PHI access
• Completion of credentialing and onboarding verification
• Agreement to these Terms and all applicable policies

Patient access requires completion of the intake process, identity verification, and consent to the Platform's Terms and Privacy Policy. You represent that all information provided during registration is accurate, complete, and current.

Accounts are non-transferable. You are responsible for all activity under your account and must maintain the confidentiality of your login credentials. Multi-factor authentication is mandatory for all Provider and Facility accounts. Patients must use the 2FA-protected portal. Report any unauthorized account access immediately to security@intakeaccess.ai.

IntakeAccess.ai offers the following subscription tiers for Provider and Facility accounts:

• All plans include $0 setup fee. Implementation timelines are estimates, not guarantees.
• Collection fees are calculated as a percentage of collected patient payments processed through the Platform.
• Enterprise plans may include custom pricing, feature configurations, and SLA commitments, governed by a separate Order Form.
• Pricing is subject to change with 30 days' written notice to active subscribers.
• Patient access to the portal is included with all Provider/Facility subscriptions at no additional charge to patients for portal use.

Subscription fees are billed monthly in advance. Collection fees are billed in arrears based on the prior month's collected amounts. All payments are processed via Stripe (BAA executed where applicable).

• Payment is due on the billing date associated with your account. Failed payments will result in a grace period of 5 business days, after which service may be suspended.
• Overdue accounts accrue late fees at 1.5% per month or the maximum rate permitted by applicable law.
• All fees are in U.S. Dollars. Applicable taxes are the responsibility of the subscriber.
• The Company does not guarantee insurance reimbursement, payer payment, or prior authorization approval. Platform fees are owed regardless of claim outcomes.
• Disputed charges must be raised in writing within 30 days of the billing date. Undisputed charges are final.

30-Day Money-Back Guarantee

New subscribers may request a full refund of their first month's subscription fee within 30 days of initial activation, provided the account has not been used to process more than 10 patient encounters. The refund guarantee does not apply to collection fees, custom Enterprise configurations, or subsequent billing cycles.

Cancellation

• Subscriptions may be canceled with 30 days' written notice to billing@intakeaccess.ai or through the account settings portal.
• Access continues through the end of the current billing cycle following the cancellation effective date.
• Outstanding collection fees accrued through the cancellation date remain due and payable.
• Upon cancellation, you may request an export of your data within 30 days (see Section 17).
• Accounts canceled for non-payment forfeit the 30-day data export window unless payment is cured.

IntakeAccess.ai is a HIPAA-compliant platform. All PHI processed through the Platform is handled in accordance with the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule, and the HITECH Act.

BAA Requirement

Any Covered Entity (healthcare provider, health plan, or healthcare clearinghouse) using IntakeAccess.ai must execute a signed Business Associate Agreement (BAA) before any PHI is accessed or transmitted through the Platform. The Company will not permit PHI access on behalf of a Covered Entity without an executed BAA on file.

To request a BAA: contact compliance@intakeaccess.ai. The Company will provide a standard BAA within 3 business days of request. Enterprise customers may negotiate BAA terms as part of their Order Form process.

Security Measures

• AES-256 encryption at rest; TLS 1.3 in transit
• MFA required for all Provider/Facility accounts; 2FA for patient portal
• RBAC with least-privilege enforcement
• Automatic 15-minute session timeouts
• Complete audit logging of all PHI access
• HIPAA-compliant infrastructure (Google Cloud/Firebase, AWS)
• Regular penetration testing and annual third-party risk assessments

Provider Compliance Obligations

Providers and Facilities using the Platform remain independently responsible for their own HIPAA compliance obligations as Covered Entities. Use of the Platform does not transfer, replace, or satisfy a Provider's or Facility's independent obligations under HIPAA.

IntakeAccess.ai incorporates artificial intelligence and machine learning across multiple platform features. All AI features are clinical decision support tools only. They are designed to assist — not replace — the clinical judgment of licensed healthcare professionals.

Specific AI Feature Limitations

• AI Patient Intake: Intake data accuracy depends on patient-provided information. AI summaries require Provider review and correction before use in clinical documentation.
• Wound Imaging AI: AI wound assessments are preliminary measurements only. Clinical wound staging, treatment decisions, and documentation are the Provider's responsibility.
• Prior Authorization AI: PA predictions and AI-generated supporting documentation do not guarantee payer approval. Final PA submissions are the Provider's responsibility.
• Mental Health Assessments (PHQ-9, GAD-7, MDQ): Automated scoring is a tool only. Clinical interpretation, diagnosis, and treatment planning are exclusively the Provider's responsibility.
• AI Clinical Decision Support: Any suggestion surfaced by AI during clinical workflows is advisory only and must be evaluated within the full clinical context by the Provider.

AI models are continuously updated and improved. The Company does not warrant that AI models will be error-free, bias-free, or consistently accurate. Model performance may vary across patient populations, specialties, and clinical contexts.

Patient Consent

Patients must provide informed consent to receive care via telehealth before their first telemedicine or telepsychiatry encounter. Consent must be documented in the Platform. Providers are responsible for ensuring consent is obtained in compliance with applicable state telehealth consent laws.

Technology Requirements

Telemedicine services require a compatible device with camera, microphone, and stable internet connection. The Company does not guarantee video quality, connection stability, or service availability. Technical limitations do not waive or reduce billing obligations.

Provider Licensure

Providers are solely responsible for ensuring they hold a valid, unrestricted license to practice in the patient's state at the time of each telehealth encounter. Cross-state telehealth licensure is the Provider's responsibility. IntakeAccess.ai does not verify or guarantee Provider licensure compliance across jurisdictions.

Prescribing via Telemedicine

E-prescribing through the Platform, including for controlled substances, is subject to the DEA's telemedicine prescribing rules, the Ryan Haight Act, applicable state pharmacy laws, and any applicable SAMHSA regulations. Providers are solely responsible for compliance with all prescribing laws and regulations.

Recording Policy

Telemedicine sessions are not recorded by the Platform without the explicit prior consent of all parties. Providers who wish to record sessions must obtain patient consent in accordance with applicable state wiretapping and consent laws before initiating recording.

Emergency Protocols

Telehealth is not appropriate for emergency situations. If a patient is experiencing a life-threatening emergency, they must call 911 immediately. Providers must have documented emergency protocols and escalation procedures for patients in crisis. The Platform's telepsychiatry suite includes integrated 988 Suicide & Crisis Lifeline resources; Providers must ensure patients are made aware of these resources.

Platform Availability

The Company targets 99.9% platform uptime but does not guarantee uninterrupted service. Providers must have backup communication and emergency care protocols that do not rely solely on Platform availability.

All Providers and Facilities using IntakeAccess.ai agree to the following:

• Accurate Credentialing: Provide accurate, complete, and current professional credentials, NPI numbers, licensure information, and facility details. Update information promptly upon any change.
• Licensure Compliance: Maintain valid, unrestricted licensure in all jurisdictions where patients are treated. Providers treating patients in multiple states via telemedicine are responsible for obtaining and maintaining all required licenses.
• Legal Compliance: Comply with all applicable federal, state, and local laws and regulations, including HIPAA, the False Claims Act, Anti-Kickback Statute, Stark Law, CMS billing regulations, DEA prescribing rules, and all applicable state practice acts.
• Professional Liability Insurance: Maintain professional liability (malpractice) insurance in amounts required by applicable law and standard of practice in their specialty.
• Emergency Backup Plans: Maintain documented protocols for emergency situations, including failure of telemedicine systems, patient crises, and situations requiring immediate in-person care.
• Patient Consent: Obtain and document all required patient consents, including telehealth consent, treatment consent, AI tool disclosure, and any state-specific consents.
• AI Tool Use: Use AI features as assistive tools only. Review all AI outputs before clinical use. Never act on an AI-generated suggestion without independent clinical evaluation.
• Record Retention: Maintain patient records for periods required by applicable state and federal law, independent of the Platform's data retention schedule.
• Credential Security: Maintain the confidentiality of login credentials, enable MFA on all accounts, and immediately report unauthorized access or suspected breach to the Company.
• Billing Accuracy: Ensure that all claims submitted through the Platform are accurate, medically necessary, properly documented, and compliant with applicable coding and billing guidelines.

Patients using the IntakeAccess.ai platform agree to:

• Provide accurate and complete health information during intake and throughout care
• Attend scheduled telehealth appointments or provide timely notice of cancellation
• Fulfill payment obligations for services rendered, including co-pays, deductibles, and self-pay balances
• Treat all healthcare providers, staff, and platform personnel with respect and dignity
• Meet technology requirements for telemedicine (compatible device, camera, microphone, internet connection)
• Call 911 in any life-threatening emergency; not use the Platform as a substitute for emergency services
• Maintain the security of portal login credentials and enable 2FA as required
• Report any unauthorized access to their patient portal account immediately
• Not share login credentials with any other person
• Acknowledge that AI-generated platform content does not constitute medical advice

By providing a mobile number and opting into SMS communications during intake, portal registration, or by texting START, you consent to receive text messages from IntakeAccess.ai Healthcare Communications. Message frequency: up to 4 messages per month. Message and data rates may apply.

• Opt-Out: Text STOP at any time. Opt-out is immediate and logged.
• Help: Text HELP or call 205-855-4545.
• No Marketing SMS: Mobile numbers are used only for healthcare-related communications. No mobile information is shared with third parties for marketing purposes.
• Carrier Support: AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, and other major carriers.
• SMS opt-in and opt-out records are maintained in our HIPAA-compliant audit system in compliance with CTIA guidelines and the Telephone Consumer Protection Act (TCPA).

The e-prescribing module transmits prescriptions electronically to pharmacies in compliance with applicable state and federal law. Providers using the e-prescribing module represent and warrant that:

• They hold a valid DEA registration (where required) and all applicable state prescribing licenses
• All prescriptions are issued based on a valid prescriber-patient relationship and clinical assessment
• Prescriptions for controlled substances comply with the DEA's Electronic Prescriptions for Controlled Substances (EPCS) regulations and applicable state EPCS laws
• They will not use the e-prescribing module to prescribe medications in violation of the Ryan Haight Act or applicable telemedicine prescribing restrictions

IntakeAccess.ai is not a pharmacy and does not dispense medications. The Company is not responsible for pharmacy fulfillment, drug interactions not captured in the Platform, or clinical prescribing decisions.

Providers and Facilities using the Platform for Medicare and/or Medicaid billing represent and warrant that:

• They are enrolled in the Medicare and/or Medicaid programs and are not excluded from participation under OIG or SAM exclusion lists
• All claims submitted through the Platform are accurate, medically necessary, properly documented, and compliant with applicable CMS coverage and coding requirements
• They will not submit false, fraudulent, or duplicate claims through the Platform
• They understand that the Platform does not guarantee claim approval or reimbursement
• They will maintain complete medical records supporting all billed services for a minimum of 10 years as required by CMS

Submission of false claims through the Platform may constitute a violation of the False Claims Act (31 U.S.C. §§ 3729–3733) and may result in substantial civil and criminal penalties. IntakeAccess.ai cooperates fully with CMS, OIG, and other governmental program integrity audits and investigations.

Patient Data Ownership

Patients own their PHI. IntakeAccess.ai holds and processes PHI solely as a service to Covered Entity healthcare providers and facilities. The Company does not claim ownership of any patient PHI.

Provider/Facility Data

Providers and Facilities retain ownership of their own clinical records and operational data submitted to the Platform. The Company holds a limited license to process such data to provide the Platform services.

Platform Data

Aggregate, de-identified, non-PHI platform usage data may be used by IntakeAccess.ai for platform improvement, product development, and analytics purposes.

Security Obligations of Users

Users are responsible for maintaining the security of their login credentials, enabling MFA/2FA, logging out after each session, and not accessing the Platform from unsecured or shared devices where possible. The Company's security responsibilities do not cover breaches caused by User negligence, credential sharing, or use of compromised devices.

All technology, software, algorithms, AI models, user interfaces, platform architecture, trademarks, service marks, logos, and content comprising the IntakeAccess.ai platform are the exclusive intellectual property of IntakeAccess.ai and are protected by applicable U.S. and international intellectual property laws.

Users are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for lawful healthcare purposes in accordance with these Terms. This license does not include the right to: copy, modify, or create derivative works from the Platform; reverse engineer or decompile any Platform component; sublicense or resell access; or use any Platform AI models or algorithms outside the Platform.

Feedback, suggestions, and improvement ideas submitted by Users may be used by the Company to improve the Platform without obligation or compensation to the submitting User.

Termination by User

Providers and Facilities may cancel subscriptions with 30 days' written notice. Patients may request account deactivation at any time through the patient portal or by contacting support.

Termination by Company

The Company may immediately suspend or terminate any account upon: (a) material breach of these Terms; (b) non-payment after the 5-day grace period; (c) HIPAA violation or security incident; (d) fraudulent billing; (e) loss of professional licensure; (f) OIG/SAM exclusion; or (g) conduct posing a risk to patient safety or platform integrity.

Data Following Termination

• Data Export: Upon termination, Providers and Facilities may request a complete export of their clinical and operational data within 30 days of account termination. Export is provided in a standard electronic format.
• PHI Retention: PHI is retained for the legally required period (minimum 7 years for medical records; 10 years for Medicare/Medicaid records) following termination, as required by applicable law.
• Post-Retention Deletion: Following the applicable retention period, PHI is permanently deleted or de-identified in compliance with the HIPAA Safe Harbor standard.
• Outstanding Obligations: Termination does not relieve any party of payment obligations accrued through the termination date.

Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF AI OUTPUTS, UNINTERRUPTED SERVICE, OR COMPATIBILITY WITH PAYER SYSTEMS OR STATE REGULATIONS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY THE SUBSCRIBER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR: INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOSS OF DATA; CLINICAL OUTCOMES ARISING FROM PROVIDER USE OF AI FEATURES; CLAIM DENIALS OR PRIOR AUTHORIZATION FAILURES; REGULATORY FINES OR PENALTIES; OR ANY DAMAGES ARISING FROM FORCE MAJEURE EVENTS — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply regardless of the theory of liability, including contract, tort, negligence, strict liability, or product liability.

Each Provider and Facility agrees to defend, indemnify, and hold harmless IntakeAccess.ai, its officers, directors, employees, agents, and assigns from and against all claims, losses, damages, liabilities, regulatory fines, and expenses (including reasonable attorneys' fees) arising from:

• Breach of these Terms or any representation or warranty herein
• Clinical decisions made by the Provider, including any reliance on AI outputs without independent clinical review
• Submission of false, fraudulent, or unsupported claims to Medicare, Medicaid, or any payer
• HIPAA violations caused by the Provider's or Facility's actions or omissions
• Unauthorized prescribing or e-prescribing violations
• Provider licensure violations or unlicensed practice
• Failure to obtain required patient consents
• Negligent or intentional acts or omissions by the Provider or their staff
• Violation of any applicable law, including the False Claims Act, Anti-Kickback Statute, or applicable state law

Informal Resolution: Before initiating formal proceedings, the parties agree to attempt resolution through good-faith negotiations for 30 days following written notice of a dispute.

Binding Arbitration: If not resolved informally, disputes shall be submitted to binding arbitration under the JAMS Healthcare Arbitration Rules, conducted remotely or in the United States, with a single arbitrator. The arbitrator's decision is final and binding and may be entered as a court judgment.

Class Action Waiver: ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY. USERS WAIVE ANY RIGHT TO CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST INTAKEACCESS.AI LLC.

Exceptions: Either party may seek emergency injunctive relief from a court to prevent irreparable harm. The Company may pursue collections in any appropriate forum.

Opt-Out: Users may opt out of binding arbitration within 30 days of first agreeing to these Terms by written notice to legal@intakeaccess.ai.

These Terms are governed by the laws of the United States and the State of Alabama, without regard to conflict of law principles. The HIPAA regulations and applicable federal healthcare laws supersede any conflicting provisions of these Terms. Nothing in these Terms limits any rights or obligations under applicable federal law, including HIPAA, the False Claims Act, the Anti-Kickback Statute, or the Stark Law.

IntakeAccess.ai shall not be liable for delays or failures in platform availability caused by events beyond its reasonable control, including acts of God, cyberattacks, power outages, internet infrastructure failures, government actions, public health emergencies, pandemics, natural disasters, or third-party service provider outages. Providers must maintain independent emergency protocols and backup systems for continuity of patient care during any platform outage.

The Platform integrates with third-party services, including Twilio, Firebase/Google Cloud, Stripe, EDI partners, SendGrid, and AWS. These integrations are subject to the respective third-party terms of service and, where applicable, Business Associate Agreements. The Company is not liable for outages, errors, or service failures caused by third-party providers. Make.com is currently used for demo automation only; no PHI is processed through Make.com until a BAA is executed.

The Company may modify these Terms at any time by posting updated Terms to the Website. Material changes will be communicated by email to registered subscribers at least 30 days before the effective date. Continued use of the Platform following the effective date of modified Terms constitutes acceptance. If you do not agree to the revised Terms, you must cancel your subscription before the effective date of the change.

Entire Agreement: These Terms, together with any executed BAA, Order Form, and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior understandings.

Severability: If any provision is found invalid or unenforceable, it shall be modified or severed, and the remaining Terms shall continue in full force.

Waiver: No failure to enforce any Term constitutes a waiver of that right.

Assignment: Users may not assign these Terms without Company consent. The Company may assign these Terms in connection with a merger, acquisition, or asset sale.

No Third-Party Beneficiaries: These Terms do not create rights in any third party, except that patients retain all HIPAA rights regardless of the contractual relationship between a Covered Entity and the Company.

Notices: Legal notices to the Company must be sent to legal@intakeaccess.ai or to the Company's registered address. Platform notices to Users are effective upon transmission to the registered email address.

Contact: For all questions, support, compliance, and legal matters:
INTAKEACCESS.AI LLC
181 W Valley Ave STE 245-1742
Birmingham, AL 35209
Website: https://intakeaccess.ai  |  Privacy: privacy@intakeaccess.ai  |  Compliance: compliance@intakeaccess.ai  |  Legal: legal@intakeaccess.ai  |  Support: 205-855-4545