These Terms of Use ("Terms") govern your access to and use of the ErgoVolo, Inc. ("ErgoVolo," "we," "us," or "our") website at ergovolo.com, our web application, and all related services (collectively, the "Services"). By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, do not create an account or use the Services.
1. The Services
ErgoVolo provides a claims intelligence platform for healthcare practices. The Services may include claims analysis, claim scrubbing, denial management, AI-powered appeal letter generation, payer intelligence, eligibility verification, analytics, and related tools. We may add, modify, or discontinue features at any time.
The Services are tools to assist healthcare practices with revenue cycle management. They do not provide medical advice, diagnoses, or treatment recommendations. You are solely responsible for all clinical, billing, and coding decisions made in connection with your practice.
2. Account Registration and Eligibility
To use the Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your login credentials and not share them with unauthorized individuals
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your account
You represent that you are at least 18 years of age, that you have the authority to bind yourself (and, if applicable, your practice or organization) to these Terms, and that your use of the Services complies with all applicable laws and regulations.
3. Your Data
3.1 Ownership
You retain all ownership rights in the data you upload, submit, or transmit through the Services ("Your Data"). By using the Services, you grant ErgoVolo a limited, non-exclusive license to access, process, store, and display Your Data solely for the purpose of providing the Services to you.
3.2 Sensitive and Protected Data
You acknowledge that Your Data may include Protected Health Information (PHI) as defined under HIPAA, personally identifiable information (PII), and other sensitive information. You represent that you have all necessary rights, consents, and authorizations to upload and process this data through the Services, and that doing so complies with all applicable laws, including HIPAA.
3.3 How We Protect Your Identified Data
Your identified data — meaning any data that can reasonably be used to identify you, your practice, or any individual patient — is protected by our HIPAA-compliant security infrastructure. We will:
- Keep your identified data strictly confidential
- Never sell your identified data to any third party
- Never use your identified data for marketing to third parties
- Only share your identified data as described in our Privacy Policy
- Delete or return your identified data upon account termination, subject to legal retention requirements
3.4 De-Identified Data and AI Improvement
By using the Services, you understand and agree that ErgoVolo may create De-Identified Data from Your Data and use it to improve the Services, including training and refining our artificial intelligence and machine learning models.
"De-Identified Data" means data that has been processed to remove all identifiers in accordance with the HIPAA Privacy Rule's de-identification standards (45 CFR 164.514), such that the data cannot reasonably be used to identify any individual, patient, or healthcare practice.
Specifically, you agree that ErgoVolo may use De-Identified Data to:
- Train and improve AI models for claim scrubbing, denial prediction, and appeal generation
- Analyze aggregate patterns in payer behavior, denial trends, and reimbursement rates
- Develop and improve features, algorithms, and analytical tools
- Create anonymized industry benchmarks and research
This use of De-Identified Data is a fundamental part of how the Services work. The intelligence that makes our platform more effective for you is built from the collective, anonymized experience of all users. This is a core term of your use of the Services and is not subject to opt-out.
ErgoVolo commits that it will never attempt to re-identify De-Identified Data or combine it with other information in a way that could reasonably identify any individual or practice.
3.5 Your Responsibilities
You are solely responsible for:
- The accuracy and legality of Your Data
- Obtaining all necessary patient consents, authorizations, and business associate agreements required for your use of the Services
- Ensuring that your use of the Services complies with HIPAA, state privacy laws, and all applicable regulations
- Reviewing and verifying all outputs of the Services (including AI-generated content such as appeal letters) before submission to payers, patients, or any third party
- Maintaining your own backups of Your Data
4. AI-Generated Content
The Services include features that use artificial intelligence to generate content, including but not limited to appeal letters, claim analysis reports, and recommendations. You acknowledge and agree that:
- AI-generated content is produced by automated systems and may contain errors, omissions, or inaccuracies
- You must review, verify, and approve all AI-generated content before using it for any purpose
- You are solely responsible for any AI-generated content that you submit to payers, regulatory bodies, or any third party
- AI-generated content does not constitute medical, legal, or professional advice
- ErgoVolo does not guarantee the accuracy, completeness, or effectiveness of AI-generated content, including the success of any appeal
5. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
- Use the Services in any way that violates applicable law or regulation, including HIPAA
- Upload data that you do not have the legal right to process
- Attempt to gain unauthorized access to any part of the Services or its related systems
- Use any automated means to access, scrape, or collect information from the Services, except through our authorized APIs
- Reverse engineer, decompile, or disassemble any part of the Services
- Transmit any malicious code, viruses, or other harmful material
- Use the Services to submit fraudulent claims or engage in any form of healthcare fraud
- Share your account credentials with unauthorized individuals
- Resell, sublicense, or provide access to the Services to third parties without our written consent
6. Subscription and Payment
Access to the Services requires a paid subscription. By subscribing, you agree to pay all applicable fees as described at the time of purchase. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
- Fees are non-refundable except as required by law or as expressly stated in a separate agreement
- We may change pricing with at least 30 days' notice before your next billing period
- If payment fails, we may suspend access to the Services until payment is received
- You are responsible for all taxes associated with your use of the Services
7. Intellectual Property
All content, features, and functionality of the Services — including software, algorithms, AI models, text, graphics, logos, and design elements — are the property of ErgoVolo or its licensors and are protected by United States and international intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, reverse engineer, or otherwise exploit any part of the Services without our express written permission.
The ErgoVolo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ErgoVolo.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ERGOVOLO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, ErgoVolo does not warrant that:
- The Services will be uninterrupted, timely, secure, or error-free
- The results obtained from the Services will be accurate, reliable, or complete
- Any AI-generated content, recommendation, or analysis will achieve a particular outcome, including the approval of any insurance claim or appeal
- The Services will meet your specific requirements
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ERGOVOLO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
IN NO EVENT SHALL ERGOVOLO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO ERGOVOLO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to indemnify, defend, and hold harmless ErgoVolo and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your use of the Services
- Your violation of these Terms
- Your violation of any applicable law or regulation, including HIPAA
- Your Data, including any claim that Your Data infringes or violates the rights of any third party
- Your use or submission of AI-generated content produced by the Services
11. Term and Termination
These Terms remain in effect for as long as you use the Services. Either party may terminate at any time:
- You may cancel your account at any time through your account settings or by contacting us
- We may suspend or terminate your access if you violate these Terms, fail to pay applicable fees, or if we reasonably believe your use poses a risk to the security or integrity of the Services
Upon termination:
- Your right to access the Services will immediately cease
- We will delete or return your identified data within 30 days, unless retention is required by law
- De-Identified Data already created will be retained as described in our Privacy Policy
- Sections 3.4, 7, 8, 9, 10, and 12 survive termination
12. Dispute Resolution and Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the State in which ErgoVolo is incorporated, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, unless you are located in a jurisdiction that grants you the right to bring claims in court, in which case you may exercise that right.
You agree that any dispute resolution proceeding will be conducted on an individual basis and not as a class action, class arbitration, or other representative proceeding.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms with a revised effective date and by sending notice to the email address associated with your account. Material changes will take effect 30 days after notice is provided. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Business Associate Agreement, constitute the entire agreement between you and ErgoVolo regarding your use of the Services and supersede all prior agreements, communications, and understandings.