Terms of Service

IMPORTANT NOTICE: BINDING ARBITRATION AND CLASS ACTION WAIVER

This paragraph contains an important notice: please read it carefully. You agree that disputes between you and Rapid Claims will be resolved by binding, individual arbitration unless you opt out in accordance with the dispute resolution process described in Section 15 below. Unless you opt out of arbitration, you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. If you wish to opt out of arbitration, follow the opt-out procedure specified in Section 15.

Definitions

For the purposes of these Terms of Use, the following definitions apply:

Service: Refers to the rapidclaims.ai website, our automated claims processing platform, mobile apps, and other online services that link to these Terms.
Content: Means all material, data, and information, including software, text, images, and other forms of data or communication.
Your Content: Refers to content that you submit, upload, publish, or otherwise make available to Rapid Claims through the Services.
User: Means any individual or entity that accesses or uses the Service.
Customer Agreement: Refers to any separate agreement that Rapid Claims has with our healthcare provider and other customers.
Rapid Claims, "we," "us," or "our": Refers to Rapid Claims and its subsidiaries.
You and "your": Refer to the individual or entity that has agreed to these Terms of Use.

1. TERMS OF SERVICE

These Terms of Use ("Terms") govern your access to and use of rapidclaims.ai and our other websites (collectively, the "Websites"), our automated claims processing platform, mobile apps, and other online services that link to these Terms (collectively, these "Services"), unless otherwise specified on a particular website, service, or separate agreement that Rapid Claims and its subsidiaries (collectively, "Rapid Claims," "we," "us") have with you or any service agreement and business associate agreements ("Customer Agreements") that Rapid Claims has with our healthcare provider and other customers ("Customers").

These Terms, along with any applicable Customer Agreements, form a binding legal agreement between you and Rapid Claims in relation to your use of the Services. If you do not agree with these terms, you must not access the services and remove any associated software application from your device. You can review the most current version of these Terms at any time at https://www.rapidclaims.ai/terms-of-service. In the event of a conflict between these Terms and a Customer Agreement, the Customer Agreement prevails.

2. YOUR AGREEMENT TO THESE TERMS

BY CLICKING "I ACCEPT," "I AGREE," OR SIMILAR, OR BY ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. By accepting these Terms, you also represent that you have the legal authority to accept these Terms on behalf of yourself and any party you represent in connection with your use of the Services. If you do not agree to these Terms, you are not authorized to use the Services.

3. CHANGES TO THESE TERMS

Rapid Claims may modify, remove, or supplement these Terms periodically. We will display a notice of any significant changes to these Terms on our website. Where required by law, we will also notify you of material changes via email, your account, or the Services. If you disagree with the updated Terms, we may restrict your further use of the Services without liability. Continued use of the Services after the effective date of the updated Terms constitutes acceptance of those updated Terms.

4. CONTENT AVAILABLE THROUGH THE SERVICES

Provided As-Is: You acknowledge that Rapid Claims does not make, and specifically disclaims, any representations or warranties about the material, data, and information (collectively, the "Content") to which you may have access as part of, or through your use of, the Services. ALL CONTENT IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Under no circumstances is Rapid Claims liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution or obtaining proper consents for Your Content (defined below). You should review the terms of applicable licenses before you use the Content to understand the applicable restrictions. As between you and Rapid Claims, all Content (except for Your Content), including any Services, downloadable software, and all data that accompanies the Content, are solely owned by Rapid Claims. By using the Services, you agree that you will not in any way reproduce or damage the Services (including any underlying software or code) or Content contained therein. Except as expressly authorized by these Terms, an applicable Customer Agreement, you agree not to (i) use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit the Services or Content or any portion thereof for any other commercial purpose, (ii) use the Services or Content or any portion thereof in connection with products or services for any purpose, nor (iii) use the Services or Content or any portion thereof in any manner that is likely to cause confusion among consumers, that causes harm, disparages or discredits Rapid Claims, that dilutes the strength of Rapid Claims' Intellectual Property Rights, or that otherwise infringes Rapid Claims' Intellectual Property Rights.

5. YOUR CONTENT

Your Responsibilities:

You may be able to submit, upload, publish, or otherwise make available to Rapid Claims through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("Your Content"). You are solely responsible for Your Content and the consequences of submitting it, and you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Your Content.

License to Your Content:

By making any of Your Content available through the Services, you hereby grant to Rapid Claims a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute Your Content in connection with operating and providing the Services and Content to you and to other users. This license does not grant Rapid Claims the right to sell Your Content or otherwise distribute it outside of our Services.

Your Content Representations and Warranties:

You are solely responsible for Your Content and the consequences of posting or publishing it. In connection with Your Content, you affirm, represent, and warrant the following:

You have the written consent of each and every identifiable natural person in Your Content to use such person's name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in relation to such use.
Your Content and Rapid Claims' use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Rapid Claims may exercise the rights to Your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

Content Removal:

Rapid Claims takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Rapid Claims shall not be liable for any damages you allege to incur as a result of or relating to any User Content. Rapid Claims reserves the right (but has no obligation) to review and remove any of Your Content that we believe, in our sole discretion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of the Services.

6. REGISTERED USERS

Eligibility:

By registering for an account through any of the Services, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). You further represent and warrant that you are not a Specially Designated National or other U.S. Department of Treasury or Department of Commerce denied party or excluded from federal health care programs or other government programs, nor are you prohibited from using the Services under any U.S. or foreign export law. The Services offered to registered users are provided subject to these Terms and any terms specified on the relevant Website(s).

Registration Obligations:

You agree to (a) only provide accurate and current information, (b) maintain the security of your passwords and user name, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account resulting from your acts or omissions. You must not set up an account on behalf of another individual or entity unless you are authorized to do so. It is a condition of your use of the Services that all the information you provide on or in connection with the Services is correct, current, and complete.

Account Security:

If you choose, or are provided with, a user name, password, or any other piece of information as part of our access control and other security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services. You shall notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also shall ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Account Termination:

Rapid Claims reserves the right to modify or discontinue your account at any time for any reason or no reason at all subject to any applicable Customer Agreement. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Third-Party Services:

The Services use authentication and security services from third parties, and your use of our Services may be subject to terms of use and privacy policies posted therein. The Services may use other third-party services that may or may not be disclosed to you. As further set forth in Section 10, Rapid Claims disclaims all express and implied warranties related to any third-party services integrated into the Websites or Services, and you use those third-party services at your own risk.

7. PROHIBITED CONDUCT

You agree not to engage in any of the following activities:

7.1. Violating Laws and Rights: You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating Intellectual Property Rights, confidentiality, or privacy rights, or (c) use any Service in violation of any applicable Customer Agreement.
7.2. Solicitation: You may not use the Services or any Content provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
7.3. Disruption: You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware, or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
7.4. Harming Others: You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful, or otherwise discriminatory, false or misleading, or incites an illegal act. You may not intimidate or harass another through the Services. You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
7.5. Impersonation or Unauthorized Access: You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services. You may not use or attempt to use another’s account or personal information without authorization. You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking, password mining, or any other means.

8. OWNERSHIP OF INTELLECTUAL PROPERTY

Except for Your Content, you acknowledge and agree that the Services and Content, including but not limited to the software, code, architecture, design, user interface, graphics, including any use of any Rapid Claims brand, trademarks, copyrights, patents, or other protected or unprotected intellectual property (collectively, “Intellectual Property Rights”) are owned by Rapid Claims or its licensors and suppliers and are protected by applicable Intellectual Property Rights laws.

Except as provided in these Terms or in an applicable Customer Agreement, you are not granted a license or any right, title, or interest in any Intellectual Property Right used in or made available through the Services.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or the Services without our prior written consent. The Rapid Claims name, the Rapid Claims logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rapid Claims or its affiliates or licensors. You must not use those marks without the prior written permission of Rapid Claims. Any other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any content or services through your use of the Services. All rights not expressly granted in these Terms or an applicable Customer Agreement are reserved exclusively by Rapid Claims.

9. MONITORING AND ENFORCEMENT OF TERMS

We have the right to:

Remove or refuse to post any of Your Content for any or no reason in our sole discretion.
Take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, an applicable Customer Agreement, infringes any Intellectual Property Right or other right of any person or entity, threatens the personal safety of users of the Websites or Services or the public, or could create liability for Rapid Claims.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS RAPID CLAIMS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAPID CLAIMS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES), INCLUDING ANY THIRD-PARTY SERVICES AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RAPID CLAIMS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY RAPID CLAIMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RAPID CLAIMS OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OTHER AGENTS, LICENSORS OR PROVIDERS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND EVEN IF RAPID CLAIMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, YOUR RECOVERY OF ANY DIRECT DAMAGES IS LIMITED TO THE LESSER OF WHAT YOU PAID FOR THE SERVICES OR USD $50.00.

12. INDEMNIFICATION

To the extent not prohibited by law, you agree to indemnify and hold harmless Rapid Claims and its affiliates, employees, officers, directors, other agents, licensors, and providers from and against any and all claims, damages, expenses, costs, including reasonable attorneys’ fees, and other losses resulting directly or indirectly from or arising out of (a) your violation of these Terms, (b) your use of any of the Services, (c) the Content you make available on any of the Services, or (d) your violation of any other individual’s or entities’ rights or applicable law.

13. PRIVACY POLICY

Rapid Claims provides a privacy policy that describes the data we collect through our Services, which is available here: https://www.rapidclaims.ai/privacy-policy. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

14. TERMINATION

By Rapid Claims: Rapid Claims may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Rapid Claims at any time and for any reason.

By You: If you wish to terminate these Terms, you may immediately stop accessing or using the Services at any time.

Automatic upon Breach: Your right to access and use the Services terminates automatically upon your breach of any of these Terms.

Termination under Customer Agreement: We may terminate (or suspend) your right to access or use a Service if permitted by an applicable Customer Agreement.

Survival: The disclaimer of warranties, indemnification, limitation of liability, dispute resolution provision, and this provision will survive any termination. The license grants applicable to Your Content are not impacted by the termination of these Terms and shall continue in effect subject to the terms of the applicable license.

15. MISCELLANEOUS TERMS

Choice of Law: These Terms (and all Disputes) are governed by and construed by the laws of the State of Delaware in the United States, not including its choice of law rules.
Electronic Notice and Electronic Signature: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”). Rapid Claims may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us by email at support@rapidclaims.ai if you have any questions regarding any communication. You further consent and agree that your use of a finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Services, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.
No Waiver: Either party's failure to insist on or enforce strict performance of any of these Terms will not be construed as a waiver of any provision or right.
Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Relationship of Parties: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Rapid Claims as a result of these Terms or from your use of any of the Services. You may not enter into any contract on our behalf or bind us in any way.
Assignment: Rapid Claims may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Service.
Integration: These Terms and any applicable Customer Agreements constitute the entire agreement between you and Rapid Claims relating to this subject matter and supersede any and all prior communications and/or agreements between you and Rapid Claims relating to access and use of the Services.

Contact Information

For any questions or concerns regarding these Terms of Use or the Services, please contact us at:

Rapid Claims Support
108W, 13th Street,
Wilmington, New Castle,
Delaware, 19801
Email: support@rapidclaims.ai

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at support@rapidclaims.ai or through the contact methods provided above.

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