Terms and Conditions

Welcome to Conult Health Analytics ("Company," "we," "our," "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and software solutions (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. Introduction and Acceptance of Terms

These Terms constitute a binding agreement between you and Conult Health Analytics regarding your use of the Services.

By using our Services, you:

• Accept these Terms in full;
• Agree to comply with all applicable laws, rules, and regulations;
• Acknowledge that you are responsible for reviewing these Terms periodically, as we may update them.

2. Definitions

For clarity, the following terms have specific meanings in this document:

• "Services" – All products, tools, software, analytics, content, and support provided through our website or platform.
• "User" – Any individual or entity accessing or using our Services.
• "PHI" – Protected Health Information as defined under HIPAA.
• "Content" – Any data, text, images, or software provided by Conult Health Analytics.

3. Eligibility and Use of Services

You represent and warrant that:

• You are at least 18 years old or of legal age in your jurisdiction;
• You have authority to use our Services on behalf of your organization if applicable;
• You will not use our Services for unlawful purposes;
• You will comply with all applicable laws, including HIPAA, GDPR, and other U.S. and international regulations.

4. Description of Services

Conult Health Analytics provides health data analytics services, including but not limited to:

• Data aggregation, analysis, and reporting;
• Secure storage and processing of health-related datasets;
• Interactive dashboards and data visualization;
• Research and insights generation for healthcare providers and organizations.

Our Services are designed for authorized organizations and professionals, not for personal medical advice or treatment.

5. User Responsibilities and Obligations

As a user of our Services, you agree to:

• Provide accurate, complete, and current information;
• Protect your account credentials and notify us of unauthorized access;
• Use the Services responsibly and not disrupt the platform or servers;
• Refrain from uploading malware, viruses, or harmful code;
• Avoid reverse engineering or attempting to gain unauthorized access to our systems.

6. Data Use and Ownership

• Ownership – Clients retain ownership of their data. Conult Health Analytics may generate analytics, models, and insights from the data, which we may use internally, but the underlying client data remains the client's property.
• Use – Data provided may only be used for the purposes outlined in service agreements or for improving our Services, and not for commercial resale.
• Retention – Data will be retained only as long as necessary to deliver Services and comply with legal obligations.

7. Health Data Compliance (HIPAA & HITECH)

We comply with HIPAA and HITECH rules when handling PHI.

• We sign Business Associate Agreements (BAAs) with covered entities.
• We implement technical, physical, and administrative safeguards to protect PHI.
• Users must ensure that PHI shared with us is authorized and lawfully collected.

8. GDPR and International Data Protections

• EU users retain rights under GDPR, including access, correction, deletion, and objection to processing.
• Personal data of non-US users may be transferred to the U.S. with appropriate safeguards, such as Standard Contractual Clauses.
• Users outside the U.S. agree that their data may be processed under U.S. law.

9. Service-Level Commitments (SLA)

While we strive for high availability:

• We aim for 99.5% uptime of the Services.
• Scheduled maintenance will be communicated in advance.
• We provide support via email ([email protected]) for operational issues.
• We are not responsible for service interruptions caused by factors beyond our control.

10. Security Obligations and Breach Notification

• We maintain security controls including encryption, access restrictions, and monitoring.
• In the event of a data breach involving PHI, we will notify affected parties per HIPAA and applicable regulations.
• Users must promptly notify us if they become aware of any security incident or unauthorized access.

11. Intellectual Property Rights

• All software, dashboards, analytics models, and content remain the intellectual property of Conult Health Analytics.
• Users are granted a limited, non-exclusive license to use Services for intended purposes.
• Users may not copy, modify, distribute, or create derivative works without prior written consent.

12. Confidentiality

• Both parties agree to maintain the confidentiality of proprietary information.
• PHI and sensitive business data may only be disclosed as required by law or authorized by contract.
• Obligations of confidentiality survive termination of Services.

13. Third-Party Services and Links

• Our Services may include third-party tools or links.
• We are not responsible for third-party content, availability, or policies.
• Use of third-party services is at your own risk and may be subject to separate agreements.

14. Payment Terms (if applicable)

• Fees are governed by separate agreements or contracts.
• Late payments may result in suspension or termination of access.
• Taxes and duties are the responsibility of the user.

15. Disclaimers and No Medical Advice

• Services are provided "as is" and "as available."
• We do not provide medical advice or treatment recommendations.
• Users should not rely solely on analytics for clinical decisions.

16. Limitation of Liability

• Conult Health Analytics is not liable for indirect, incidental, or consequential damages.
• Our total liability is limited to the fees paid in the 12 months preceding a claim.
• Some jurisdictions may not allow certain exclusions.

17. Indemnification

Users agree to indemnify and hold Conult Health Analytics harmless from claims arising from:

• Misuse of Services
• Violation of these Terms
• Violation of laws or third-party rights

18. Termination and Suspension

• We may suspend or terminate access for breaches of these Terms or legal reasons.
• Termination does not relieve users from obligations such as confidentiality or outstanding payments.

19. Governing Law and Dispute Resolution

• These Terms are governed by the laws of the State of Delaware, USA.
• Disputes will first be addressed via good-faith negotiation.
• If unresolved, disputes will be subject to binding arbitration in Delaware.

20. Miscellaneous Provisions

• Force Majeure: We are not liable for events beyond our control.
• Severability: Invalid provisions will not affect the remainder.
• Waiver: Failure to enforce a provision is not a waiver.
• Assignment: Users may not assign rights without consent.
• Entire Agreement: These Terms constitute the entire agreement between you and Conult Health Analytics.

21. Changes to Terms

We may update these Terms to reflect changes in Services, laws, or business practices. Updated Terms will be posted online. Continued use constitutes acceptance.

22. Contact Information

For questions about these Terms:

📧 [email protected]