Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ArkCloud RCM ("Company," "we," "our," or "us") governing your access to and use of the ArkCloud RCM platform and services (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall refer to both you individually and the organization.

2. Description of Service

ArkCloud RCM provides a cloud-based revenue cycle management platform designed for healthcare organizations to manage post-claims self-pay collections. Our Services include:

• Patient account management and collections workflows
• Intelligent queue management and agent assignment
• Payment processing and payment plan management
• Real-time supervisor dashboards and analytics
• EMR system integration capabilities
• FDCPA and HIPAA compliance tools
• Multi-tenant organization management

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, though we will make reasonable efforts to notify you of material changes.

3. User Accounts and Responsibilities

3.1 Account Registration

To access the Services, you must create an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate and complete.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring compliance with password policies and security requirements
• Implementing appropriate access controls for your users

3.3 User Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not share login credentials between multiple users or allow unauthorized access to your account.

4. Acceptable Use Policy

You agree not to:

• Use the Services in any manner that violates applicable laws or regulations
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services without permission
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Remove or modify any proprietary notices or labels
• Use the Services to store or transmit infringing or illegal content
• Violate HIPAA, FDCPA, or other healthcare-related regulations
• Engage in any activity that could harm our reputation or business

5. Intellectual Property Rights

5.1 Our Property

The Services, including all software, content, trademarks, logos, and intellectual property, are owned by ArkCloud RCM and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

5.2 Your Data

You retain all rights to the data you submit to the Services ("Customer Data"). You grant us a limited license to use, process, and store Customer Data solely to provide the Services and as described in our Privacy Policy. We will not use Customer Data for any other purpose without your consent.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, we may use them without any obligation to you, and you hereby assign all rights in such feedback to us.

6. Payment Terms

6.1 Fees and Billing

You agree to pay all fees associated with your subscription plan as described in your order form or service agreement. Fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law or expressly stated in your agreement.

6.2 Payment Methods

You must provide valid payment information and authorize us to charge your payment method. You are responsible for maintaining current payment information and for all charges incurred under your account.

6.3 Late Payment

If payment is not received by the due date, we may suspend or terminate your access to the Services. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

6.4 Price Changes

We may change our fees upon 30 days' notice. Continued use of the Services after the price change constitutes your acceptance of the new fees.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED
• WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE
• IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

8. Indemnification

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

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your Customer Data or any content you submit
• Your infringement of any third-party rights

9. Termination

9.1 Termination by You

You may terminate your account at any time by providing written notice to us. Termination will be effective at the end of your current billing period. You remain responsible for all fees incurred prior to termination.

9.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice, if you breach these Terms, fail to pay fees, or if we believe your use poses a security or legal risk.

9.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. We will provide you with a reasonable opportunity to retrieve your Customer Data, after which we may delete it in accordance with our data retention policies. Sections that by their nature should survive termination will remain in effect.

10. Dispute Resolution

10.1 Informal Resolution

Before filing any formal dispute, you agree to contact us to attempt to resolve the issue informally by sending a written notice to [email protected] describing the dispute and your desired resolution.

10.2 Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in [Jurisdiction], and judgment on the arbitration award may be entered in any court having jurisdiction.

10.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only and not as part of a class action, consolidated action, or representative action.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], United States, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in [County], [State] for any disputes not subject to arbitration.

12. Changes 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 website and updating the "Last Updated" date. For significant changes, we may provide additional notice via email or through the Services. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and ArkCloud RCM regarding the Services.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.4 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.

13.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, or internet service failures.

14. Contact Information

For questions about these Terms, please contact us at: