Last Updated: January 10, 2025
By accessing or using this website and any related services (collectively, the “Service”), you agree to be bound by the following Terms of Service (this “Agreement”). If you do not agree, you must not use the Service.
1. Acceptance of Terms
Your access to and use of the Service is subject to your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all users of the Service.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet this requirement.
3. Alpha/Beta Software Disclaimer
The Service is in an alpha (or beta) testing phase and is provided for initial evaluation, testing, and feedback purposes. You acknowledge that:
- Features may change, break, or be removed without notice.
- There may be bugs, errors, or other performance issues.
- You are using the Service with the understanding that it may not function as a commercially released product.
4. Confidentiality & Non-Disclosure
To the extent that you gain access to any confidential or proprietary information in connection with your use of the Service, including but not limited to features, data, functionality, and underlying algorithms, you agree not to disclose such information to any third party without prior written permission from Simms AI (the “Company”). You further agree not to provide unauthorized access to the Service (e.g., sharing logins, links, or credentials) to any third party.
5. HIPAA & Data Privacy
- Compliance: The Service is designed to be HIPAA-friendly. However, your use of the Service must also adhere to all relevant data protection and privacy regulations. You are responsible for ensuring that any Protected Health Information (PHI) you submit or process through the Service is handled in compliance with applicable laws.
- Business Associate Agreement (BAA): If required by law, you agree to execute a separate BAA with the Company or ensure that an applicable BAA is in place before uploading any PHI to the Service.
- Patient Consent: You are responsible for obtaining all necessary patient consents or authorizations before using the Service to process or store PHI.
- Data Retention & Security: The Company will implement reasonable and appropriate measures to protect PHI and other sensitive data, but cannot guarantee absolute security against all threats.
6. User Responsibilities
- Accurate Information: You agree to provide current, complete, and accurate information when registering or interacting with the Service.
- Prohibited Conduct: You agree not to use the Service for any unlawful purpose or in a way that violates any applicable laws or regulations. You also agree not to post or transmit content that is harmful, threatening, or otherwise objectionable.
- Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
7. Intellectual Property & No Reverse Engineering
- Ownership: All content, software, and technology provided through the Service are the property of the Company or its licensors, and are protected by intellectual property laws. You agree not to reproduce, distribute, or create derivative works without explicit permission.
- No Reverse Engineering: You shall not, nor allow a third party to, decompile, reverse engineer, or otherwise attempt to derive the source code, trade secrets, or know-how underlying any portion of the Service.
8. Payment and Billing
If any part of the Service is offered on a paid subscription basis, you agree to pay all applicable fees and taxes in a timely manner. The Company may update pricing from time to time, and will notify you of any changes in advance.
9. Feedback
If you choose to provide suggestions, ideas, or other feedback to the Company regarding the Service (“Feedback”), you acknowledge and agree that the Company is free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback without any obligation to you or restriction of any kind.
10. Disclaimers
- Alpha/Beta Software “As Is”: The Service is provided “as is” and “as available,” without warranty of any kind, express or implied.
- No Warranty of Reliability: The Company makes no representation that the Service will be uninterrupted or error-free, especially given its alpha status.
- No Medical Advice: The Service is not intended to provide medical advice or replace professional healthcare. All content generated should be reviewed and verified by a qualified healthcare provider before being used in any clinical decision-making.
11. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use or inability to use the Service, including but not limited to errors in generated documentation, clinical outcomes, or data breaches.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, and employees from any claims, losses, damages, liabilities, including legal fees, arising out of your use of the Service, your breach of this Agreement, or your violation of any rights of a third party.
13. Term and Termination
- Termination by Company: The Company may suspend or terminate your access to the Service at any time for any or no reason, including for violation of these Terms of Service.
- Effect of Termination: Upon termination, your right to use the Service will immediately cease. All disclaimers, limitations of liability, and indemnities set forth in these Terms of Service shall survive any termination.
14. Governing Law
These Terms of Service shall be governed and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions.
15. Changes to This Agreement
The Company reserves the right, at its sole discretion, to modify or replace these Terms of Service by posting an updated version. Your continued use of the Service after any such changes constitutes acceptance of those changes.
16. Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact quickening@quickeningai.net.
Notice
By using SIMMS.ai, you acknowledge that you have read and agree to these Terms of Service. If you have any questions, please reach out via the contact email above.