Terms of Service

1.1 Services Description

The Service is designed to provide healthcare revenue cycle management and related services through our AI-powered platform, including but not limited to:

• AI voice agent communications for patient billing
• Claims processing and management
• Payment collection and processing
• Healthcare provider support services
• Related administrative functions

Our AI voice agents are designed to:

• Identify themselves as automated systems
• Obtain necessary consents
• Process protected health information (PHI)
• Comply with HIPAA requirements
• Provide opt-out options for human interaction

1.2 HIPAA Compliance

Forward Technologies, Inc. acts as a Business Associate under HIPAA when processing Protected Health Information (PHI) on behalf of Covered Entities. Our HIPAA compliance obligations include:

• Entering into a Business Associate Agreement (BAA) with Covered Entity clients before processing PHI
• Implementing safeguards required by HIPAA for Business Associates
• Reporting breaches of unsecured PHI to Covered Entities as required
• Limiting PHI use/disclosure to purposes permitted by the BAA and HIPAA

Note: Forward is not a HIPAA Covered Entity. We process PHI at the direction of Covered Entities under BAAs.

1.3 Your Registration Obligations

You may be required to register with Forward in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy.

1.4 Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Forward of any unauthorized use of your password or account or any other breach of security.

1.5 Modifications to Service

Forward reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). For any modifications to the Service, Forward will provide notification through email, in-application notification, or prominent notice on the Forward website.

1.6 General Practices Regarding Use and Storage

You acknowledge that Forward may establish general practices and limits concerning use of the Service, including the maximum period of time that data will be retained and the maximum storage space that will be allotted on Forward's servers. PHI will be retained as specified in the BAA.

2.1 User Conduct

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that you upload, post, publish or display or email or otherwise use via the Service.

You agree to not use the Service to:

• Upload any content that infringes any intellectual property or other proprietary rights of any party
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Violate any applicable local, state, national or international law
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation
• Solicit personal information from anyone under the age of 18
• Harvest or collect email addresses or other contact information of other users
• Further or promote any criminal activity or enterprise

2.2 HIPAA Compliance Requirements

As a Business Associate under HIPAA, we maintain strict requirements for user conduct related to PHI:

• Users must maintain appropriate technical, physical, and administrative safeguards
• Access to PHI must be limited to minimum necessary
• Users must report any security incidents or breaches immediately
• Users must comply with all applicable HIPAA requirements
• Users must maintain appropriate documentation of disclosures

3.1 Fees

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Forward information regarding your credit card or other payment instrument. You represent and warrant to Forward that such information is true and that you are authorized to use the payment instrument.

3.2 Payment Terms

You agree to pay Forward the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Forward to bill your payment instrument in advance on a periodic basis until you terminate your account.

3.3 Price Changes

We reserve the right to change Forward's prices. If Forward does change prices, Forward will provide notice of the change on the Site or in email to you, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

4.1 Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Forward, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service.

4.2 License Grant

Subject to these Terms of Service, Forward grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use.

Termination by Forward

Forward, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including for lack of use or if Forward believes that you have violated these Terms of Service.

Effect of Termination

Upon termination of your account, the following procedure shall be followed:

1. Forward will notify you of the termination via email
2. You will have 7 days to download any personal data you wish to retain
3. After 7 days, your account will be deactivated
4. Forward will securely delete all your personal data within 30 days
5. All PHI will be handled in accordance with applicable HIPAA requirements

Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and Forward shall be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court.

Class Action Waiver

YOU AND FORWARD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.