Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Blue Peak Healthcare RCM ("Blue Peak," "Company," "we," "us," or "our") governing your access to and use of the Blue Peak website, applications, 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 must not access or use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal authority to enter into these Terms
• Not be prohibited from using the Services under applicable laws
• If using on behalf of an organization, have the authority to bind that organization to these Terms

3. Description of Services

Blue Peak Healthcare RCM provides revenue cycle management services to healthcare providers, including but not limited to:

• Patient access and registration services
• Medical coding and documentation
• Claims submission and management
• Billing and accounts receivable management
• Denial management and appeals
• Provider credentialing and enrollment
• Revenue cycle analytics and reporting

The specific services provided to you will be governed by a separate Service Agreement between you and Blue Peak.

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.

5. HIPAA and Healthcare Compliance

As a healthcare revenue cycle management company, Blue Peak operates in compliance with applicable healthcare laws and regulations, including:

• HIPAA: Health Insurance Portability and Accountability Act
• HITECH: Health Information Technology for Economic and Clinical Health Act
• State Privacy Laws: Applicable state healthcare privacy regulations

If you are a Covered Entity under HIPAA, our handling of Protected Health Information (PHI) will be governed by a Business Associate Agreement (BAA) executed between the parties. The BAA will supplement these Terms with respect to PHI.

6. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Submit false, misleading, or fraudulent information
• Engage in healthcare fraud, abuse, or improper billing practices
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our Services
• Transmit viruses, malware, or other harmful code
• Use automated systems or bots to access our Services without permission
• Reverse engineer, decompile, or disassemble any part of our Services
• Use our Services to compete with Blue Peak or for unauthorized commercial purposes

7. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and the overall design, are owned by Blue Peak or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our Services for their intended purpose. This license does not include:

• Modifying or copying our materials except as necessary for normal use
• Using any content for commercial purposes without written consent
• Removing any copyright or proprietary notices
• Transferring your access rights to another person or entity

8. Confidentiality

During the course of using our Services, you may have access to confidential information belonging to Blue Peak or other parties. You agree to:

• Maintain the confidentiality of all proprietary information
• Use confidential information only for the purposes intended
• Not disclose confidential information to third parties without authorization
• Return or destroy confidential information upon request or termination

9. Payment Terms

If you engage Blue Peak for paid services:

• Fees and payment terms will be specified in your Service Agreement
• All fees are due as specified and are non-refundable unless otherwise stated
• We reserve the right to modify fees with reasonable notice
• Late payments may be subject to interest charges and service suspension
• You are responsible for all applicable taxes

10. Disclaimers

While we strive for accuracy and reliability, we do not warrant that:

• Our Services will be uninterrupted, timely, secure, or error-free
• Results obtained from using our Services will be accurate or reliable
• Any errors in the Services will be corrected

Blue Peak does not provide medical, legal, or financial advice. Our Services are administrative in nature and should not be relied upon for clinical decision-making.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE PEAK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Any damages arising from your use or inability to use our Services

Our total liability for any claims arising under these Terms shall not exceed the amount paid by you to Blue Peak in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Blue Peak and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content or data you submit through our Services.

13. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Request by law enforcement or government agencies
• Discontinuation of Services

Upon termination, your right to use our Services will immediately cease. Provisions that by their nature should survive termination shall survive, including confidentiality, intellectual property, disclaimers, and limitations of liability.

14. Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services shall be resolved as follows:

• Informal Resolution: We encourage you to contact us first to resolve disputes informally
• Mediation: If informal resolution fails, parties agree to attempt mediation before litigation
• Governing Law: These Terms shall be governed by the laws of the jurisdiction where Blue Peak is headquartered
• Venue: Any legal proceedings shall be conducted in the courts of competent jurisdiction

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue using our Services.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, any applicable Service Agreement, and Business Associate Agreement, constitute the entire agreement between you and Blue Peak regarding the use of our Services and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Use, please contact us: