01The agreement
These terms are an agreement between XATLAS LLC, a New York limited liability company (“XATLAS”, “we”, “us”), and you. If you use MedxAtlas for a practice, billing company or other organization, you accept these terms for that organization and confirm that you may do so, and “you” includes it.
A signed order form or services agreement with XATLAS, and a Business Associate Agreement, take precedence over these terms where they differ. By creating an account or using MedxAtlas you accept these terms; if you do not accept them, do not use the service.
02The service
MedxAtlas is software for practice management, document intake, scheduling, communications and billing, offered by XATLAS. The demonstration at medxatlas.com runs on synthetic data: its patients, practices, payers and amounts are invented, and it may be reset at any time.
03Accounts
- Give accurate information and keep it current.
- Keep your password and your authenticator app to yourself. Every account uses two factor sign in, and accounts may not be shared.
- You are responsible for what happens under your account. Tell us at once at hello@medxatlas.com if you think someone else has used it.
- Your organization decides who has access and with which role, and is responsible for removing people who should no longer have it.
04Patient information
A practice that uses MedxAtlas for its patients is a covered entity under HIPAA, and XATLAS acts as its business associate. No protected health information may be entered into MedxAtlas, or sent to us, before a Business Associate Agreement between your practice and XATLAS is signed. Once it is, that agreement governs how we handle patient information.
Your practice remains responsible for its notices to patients, the consents and authorizations it needs, and having a lawful basis for the information it puts into MedxAtlas.
05Acceptable use
You agree not to:
- use MedxAtlas in a way that breaks the law or the rights of others;
- enter real patient information into the demonstration or before a signed BAA;
- try to reach data or accounts that are not yours, or test, probe or get around the service’s security without our written permission;
- upload malicious code, or disrupt or overload the service;
- copy, resell or reverse engineer the service, except as the law allows; or
- use the service to build a competing product.
We may suspend access that puts the service, its users or patients at risk.
06Claims, coding and automation
MedxAtlas reads documents, proposes actions and builds claims, and some actions are proposed by automated agents. Actions that send a claim, money or a legal filing out wait for a person’s approval. Your practice and its staff remain responsible for the clinical documentation, codes and charges behind every claim, for the claims and appeals it submits, and for checking automated results before relying on them.
MedxAtlas does not give medical, legal, coding or tax advice.
07Fees
Fees are set out in your order form or services agreement, which may charge a percentage of collections. Unless that agreement says otherwise, fees are due as invoiced, exclude taxes, and are not refundable. We may suspend the service for an invoice that is more than thirty days overdue after telling you in writing.
08Your data
Your organization owns the data it puts into MedxAtlas. You give XATLAS the right to host, process and display that data only to provide, secure and support the service for you, and, for patient information, only as your Business Associate Agreement allows. We may use information about how the service is used, which identifies neither a patient nor your organization, to run and improve MedxAtlas. You can export your data while your account is active and for thirty days after it ends.
09Our property
XATLAS owns MedxAtlas, its software, design and content, and the MedxAtlas name and logo. These terms give you the right to use the service while your account is active, and no other rights. If you send us ideas or feedback, we may use them without any obligation to you.
10Services of others
MedxAtlas connects to services run by others, such as insurance carriers, clearinghouses, fax, text and email providers and directories. Their availability and terms are their own, and we are not responsible for them.
11Changes and availability
We improve MedxAtlas continually and may add, change or remove features. We will tell you ahead of any change that materially reduces what your organization has paid for. We work to keep the service available but do not promise that it will be uninterrupted or free of errors.
12Ending the agreement
You may stop using MedxAtlas at any time, subject to your order form. We may end or suspend your access if you materially break these terms and do not fix it within thirty days of our notice, or at once where the break puts patients, users or the service at risk. When the agreement ends, patient information is returned or destroyed as your Business Associate Agreement provides, and the sections that by their nature should continue, such as fees owed, ownership, disclaimers and limits of liability, continue.
13Disclaimers
Except as your written agreement with XATLAS states, MedxAtlas is provided “as is” and “as available”. To the extent the law allows, XATLAS disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and does not promise any particular reimbursement, payment or result from any claim.
14Limits of liability
To the extent the law allows, XATLAS is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, and its total liability arising from these terms or the service is limited to the fees you paid XATLAS in the twelve months before the claim arose. These limits do not apply where the law does not allow them.
15Indemnity
You will defend and indemnify XATLAS against claims by others arising from the data you put into MedxAtlas without the right to do so, the claims your organization submits, or your breach of these terms.
16Governing law
These terms are governed by the laws of the State of New York, without regard to its rules on conflicts of law. The state and federal courts located in New York have exclusive jurisdiction over any dispute arising from them, and both parties consent to it.
17Changes to these terms
We may update these terms. We will post the new version on this page with its effective date and tell account holders about material changes before they take effect. Using MedxAtlas after that date means accepting the new terms.
18Contact
Questions about these terms go to XATLAS LLC at hello@medxatlas.com.
MedxAtlas