Version 1.0-draft · Updated 2026-07-23 · Draft pending final legal review.
These Terms of Service ("Terms") are a binding agreement between Ejoshi LLC ("Company," "we," "us"), operator of the Med Billing Pro platform (the "Service"), and the customer organization that accepts these Terms ("Customer," "you"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Service is a multi-tenant medical-billing and practice-management application. We grant Customer a non-exclusive, non-transferable, revocable right to access and use the Service during the term, solely for Customer's internal business operations and subject to these Terms.
Customer is responsible for configuring its users, roles, and access, and for all activity under its accounts. Customer will keep credentials confidential, require its personnel to do the same, and promptly disable access for anyone who should no longer have it. The individual accepting these Terms represents that they are authorized to bind Customer.
Customer is responsible for the accuracy, quality, and legality of the data it enters, and for its own compliance with all laws applicable to its practice, including HIPAA as a Covered Entity. Customer will use the Service only for lawful purposes and will not attempt to access data belonging to other customers, probe or breach security, or reverse-engineer the Service.
To the extent Customer submits Protected Health Information ("PHI"), the parties' respective obligations are governed by the separate Business Associate Agreement, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Business Associate Agreement with respect to PHI, the Business Associate Agreement controls.
Customer will pay the fees for the plan it selects. Except as required by law or expressly stated, fees are non-refundable. We may change fees on prospective notice; continued use after a change constitutes acceptance. Overdue amounts may result in suspension after reasonable notice.
The Service, including all software, content, and trademarks, is and remains our property or that of our licensors. Customer retains all rights in the data it submits ("Customer Data"). Customer grants us a limited license to host, process, and transmit Customer Data solely to provide and support the Service and as permitted by the Business Associate Agreement.
Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms. This section does not limit either party's obligations regarding PHI, which the Business Associate Agreement governs.
The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free. The Service supports billing workflows; it does not provide legal, medical, coding, or financial advice, and Customer is responsible for reviewing all claims, forms, and submissions before they are relied upon or filed.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Except for a party's indemnification obligations, a party's breach of its confidentiality or PHI obligations, or amounts owed for the Service, each party's total aggregate liability arising out of or related to these Terms will not exceed the fees paid by Customer for the Service in the twelve (12) months preceding the event giving rise to the claim.
Customer will defend and indemnify us against third-party claims arising from Customer Data, Customer's use of the Service in violation of these Terms or law, or Customer's breach of its obligations (including its obligations as a Covered Entity). We will defend and indemnify Customer against third-party claims that the Service, as provided by us, infringes a third party's intellectual-property rights.
These Terms apply while Customer uses the Service. Either party may terminate for material breach not cured within thirty (30) days of notice. We may suspend access to address a security risk, legal requirement, or non-payment. On termination, Customer's right to use the Service ends; handling of PHI on termination is governed by the Business Associate Agreement.
We may update these Terms; the version and date appear above. Material changes will be communicated, and continued use after the effective date constitutes acceptance.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located there.
These Terms, together with the Business Associate Agreement and any order or plan selection, are the entire agreement between the parties regarding the Service. If any provision is unenforceable, the remainder stays in effect. Neither party may assign these Terms without the other's consent, except in connection with a merger or sale of substantially all assets.