Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the iConsult Health platform (the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease all use of the Platform.

You must be at least eighteen (18) years of age to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

If you are accessing or using the Platform on behalf of a company, organization, or other legal entity ("Organization"), you represent and warrant that you have the authority to bind that Organization to these Terms. In such cases, "you" and "your" refer to both you individually and the Organization.

2. Definitions

The following terms have the meanings set forth below when used in these Terms:

• "Platform" means the iConsult Health web application, APIs, mobile interfaces, and all related services operated by iConsult Health, Inc.
• "Services" means all features, tools, and functionalities made available through the Platform, including AI-powered triage, case management, OSHA compliance tools, telemedicine, document generation, analytics, and HRIS integrations.
• "User" means any individual who accesses the Platform, including Providers, Employer Administrators, employees submitting intake forms, and Super Administrators.
• "Provider" means a licensed healthcare professional (physician, nurse practitioner, physician assistant, or other qualified clinician) who uses the Platform to review and manage occupational health cases.
• "Employer" means an organization that subscribes to the Platform to manage occupational health services for its workforce.
• "Tenant" means an Employer account on the Platform, including all associated Users, data, configurations, and branding within that organizational boundary.
• "PHI" (Protected Health Information) means individually identifiable health information as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), including information related to an individual's past, present, or future physical or mental health condition, treatment, or payment for healthcare services.
• "AI Services" means the artificial intelligence and machine learning features of the Platform, including automated intake classification, clinical decision-support suggestions, photo analysis, natural language processing of injury narratives, and the AI copilot.
• "Content" means all text, data, images, documents, and other materials uploaded to, generated by, or transmitted through the Platform.
• "Confidential Information" means any non-public information disclosed by either party, including but not limited to business plans, technical data, product information, financial information, and PHI.

3. Service Description

iConsult Health is an AI-powered occupational health platform delivered as a multi-tenant Software-as-a-Service (SaaS) solution. The Platform provides the following core capabilities:

• AI-Powered Intake Triage: Automated classification of employee health intakes using natural language processing and computer vision, including injury type, body part, urgency level, and OSHA recordability determination.
• Case Management: End-to-end tracking of occupational health cases from intake through resolution, including provider assignment, status workflow, and case notes.
• OSHA Compliance: Automated OSHA 300 log generation, TRIR calculation, industry benchmarking, and recordkeeping to support regulatory compliance.
• Telemedicine: Integrated video consultation capabilities for remote clinical assessments.
• Document Generation: Automated creation of clinical documentation, employer notifications, and compliance reports.
• Analytics & Reporting: Dashboards and reports covering case volumes, trends, response times, injury patterns, and operational metrics.
• HRIS Integration: Connections to human resource information systems for employee roster synchronization.
• Multi-Site Kiosk: Self-service intake stations with site-scoped QR codes for employee walk-in reporting.

The Platform is designed as a clinical decision-support tool. It does not provide medical diagnoses, prescribe treatments, or replace the professional judgment of licensed healthcare providers.

4. Account Registration & Security

To access the Platform, you must register for an account by providing accurate, current, and complete information. You agree to promptly update your account information if it changes.

You are solely responsible for maintaining the confidentiality of your login credentials, including your password and any multi-factor authentication methods. You agree to:

• Create a strong, unique password and enable multi-factor authentication (MFA) when available.
• Not share your account credentials with any other person.
• Not allow any other individual to access the Platform using your account.
• Immediately notify iConsult Health at security@iconsult.health if you suspect any unauthorized access to your account.

iConsult Health reserves the right to suspend or terminate any account that we reasonably believe has been compromised, is being used in violation of these Terms, or poses a security risk to the Platform or other Users.

5. User Roles & Responsibilities

The Platform supports multiple User roles, each with distinct responsibilities:

• Employees (Intake Submitters): Responsible for providing accurate, truthful information in health intake forms, including injury narratives, symptom descriptions, and supporting photographs. Deliberately providing false information may result in account suspension and may have legal consequences.
• Providers: Responsible for exercising independent clinical judgment when reviewing AI-generated classifications and recommendations. The AI Services are decision-support tools only; Providers bear full professional responsibility for all clinical decisions, diagnoses, and treatment plans. Providers must maintain all applicable professional licenses and certifications.
• Employer Administrators: Responsible for managing their organization's Users, ensuring that only authorized personnel have access to the Platform, maintaining accurate employee rosters, and complying with all applicable workplace health and safety regulations.
• Super Administrators: Responsible for platform-level configuration, tenant management, and ensuring that platform-wide policies and security settings are appropriately maintained.

6. AI Services Disclaimer

The Platform incorporates artificial intelligence and machine learning technologies to assist with occupational health intake processing. You acknowledge and agree that:

• AI provides classification suggestions, not diagnoses. All AI-generated outputs, including injury classifications, urgency assessments, OSHA recordability determinations, body part identification, and red flag alerts, are preliminary suggestions intended to assist licensed healthcare providers.
• AI may produce errors. Despite high accuracy rates, AI systems can and do produce incorrect, incomplete, or misleading classifications. No AI system is infallible, and outputs should always be verified by a qualified human professional.
• Provider review is mandatory. No clinical action may be taken based solely on AI output. All AI-generated classifications, recommendations, and assessments must be reviewed, verified, and approved by a licensed healthcare provider before any clinical decision is made or communicated to a patient.
• AI triage is a decision-support tool. The AI Services are designed to accelerate and enhance clinical workflows, not to replace clinical judgment, the physician-patient relationship, or the standard of care.
• Photo analysis has limitations. AI-based analysis of injury photographs is supplementary and does not constitute a radiological reading, dermatological evaluation, or any other form of medical imaging interpretation.
• Do not rely solely on AI output for medical decisions. The Platform explicitly disclaims any warranty that AI outputs are suitable for use as the sole basis for clinical decisions, emergency triage, or patient safety determinations.

7. Clinical Decision-Making

iConsult Health does not practice medicine. The Platform does not establish a physician-patient relationship between iConsult Health and any individual User or patient.

All clinical decisions, including but not limited to diagnoses, treatment plans, referral determinations, return-to-work authorizations, and work restriction recommendations, are the sole responsibility of the licensed healthcare Provider managing the case.

AI-generated classifications are preliminary in nature and are provided to streamline Provider workflows. Providers are expected to apply their professional training, clinical experience, and independent medical judgment when reviewing and acting upon any information presented by the Platform.

iConsult Health shall not be liable for any clinical outcome arising from a Provider's decision to adopt, modify, or reject an AI-generated classification or recommendation.

8. HIPAA Compliance

iConsult Health operates as a Business Associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, including the HITECH Act and the Omnibus Rule.

We maintain administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of Protected Health Information (PHI) in accordance with the HIPAA Security Rule. These safeguards include:

• Encryption of PHI at rest and in transit
• Role-based access controls and multi-factor authentication
• Comprehensive audit logging of all PHI access and modifications
• Regular risk assessments and vulnerability scanning
• Workforce training on HIPAA requirements and data handling
• Incident response and breach notification procedures

A Business Associate Agreement (BAA) is available and must be executed with all Covered Entity clients prior to the processing of PHI through the Platform. For details regarding our use and disclosure of PHI, please refer to our HIPAA Notice of Privacy Practices.

iConsult Health is a Business Associate, not a Covered Entity. Each Employer (Tenant) that qualifies as a Covered Entity retains its own obligations under HIPAA, including maintaining its own Notice of Privacy Practices and obtaining any required patient authorizations.

9. Data Ownership

All data uploaded to or generated within a Tenant's environment ("Tenant Data") remains the property of the Tenant. iConsult Health does not claim ownership of Tenant Data.

iConsult Health does not sell, license, or distribute individual Tenant Data to third parties. However, iConsult Health may use aggregated, de-identified data (from which all individually identifiable information has been removed in accordance with HIPAA de-identification standards) for the purposes of:

• Platform improvement and AI model enhancement
• Industry benchmarking and analytics (e.g., aggregate TRIR data)
• Research and development of new features
• Publication of aggregate occupational health trend reports

Tenants may export their data at any time during the active subscription period via the Platform's built-in export tools (CSV, FHIR, or other supported formats). Data portability rights are further described in Section 21 (Termination).

10. Acceptable Use

You agree to use the Platform only for its intended purpose of occupational health management and in compliance with all applicable laws and regulations. You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform or its AI models.
• Scrape, crawl, or use automated means to extract data from the Platform beyond what is provided through authorized APIs and export tools.
• Interfere with or disrupt the integrity, performance, or availability of the Platform or its underlying infrastructure.
• Upload, transmit, or store any malicious code, viruses, worms, Trojan horses, or other harmful software.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Use the Platform in any manner that would violate HIPAA, OSHA regulations, or other applicable healthcare or workplace safety laws.
• Use the Platform to harass, threaten, or discriminate against any individual.

11. Prohibited Conduct

The following activities are strictly prohibited and may result in immediate account suspension or termination, and may be reported to appropriate authorities:

• Attempting to access, view, modify, or delete data belonging to another Tenant or User without authorization.
• Circumventing, disabling, or interfering with any security features of the Platform, including authentication mechanisms, access controls, encryption, or audit logging.
• Using the AI Services to generate false, fabricated, or misleading medical records, injury reports, or OSHA documentation.
• Sharing, transferring, or disclosing your login credentials to any other individual, or using another person's credentials to access the Platform.
• Attempting to probe, scan, or test the vulnerability of the Platform or any related system or network without written authorization.
• Using the Platform to transmit unsolicited commercial communications or spam.
• Creating multiple accounts to circumvent rate limits, feature restrictions, or other access controls.

12. Intellectual Property

The Platform, including its source code, AI models, algorithms, user interface designs, documentation, trade names, trademarks, and all other intellectual property embodied therein, is the exclusive property of iConsult Health, Inc. and is protected by United States and international copyright, trademark, patent, and trade secret laws.

Subject to your compliance with these Terms and payment of applicable fees, iConsult Health grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during your active subscription period for your internal business purposes only.

Tenant retains all ownership rights in its Tenant Data. Nothing in these Terms transfers any intellectual property rights in Tenant Data to iConsult Health, except for the limited license to process such data as necessary to provide the Services.

Feedback, suggestions, or improvement ideas submitted by Users regarding the Platform may be used by iConsult Health without restriction or compensation.

13. Payment & Billing

Access to the Platform requires a paid subscription. Subscription fees are determined by the pricing tier selected at the time of enrollment, as described in the applicable Order Form or pricing schedule.

• Billing: All payment processing is handled through Stripe, Inc. By subscribing, you agree to Stripe's Terms of Service. iConsult Health does not store credit card numbers or banking details on its servers.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled at least thirty (30) days prior to the renewal date.
• Setup Fees: Certain pricing tiers or custom configurations may include one-time setup, onboarding, or data migration fees as specified in the Order Form.
• Price Changes: iConsult Health may adjust pricing with at least thirty (30) days' prior written notice. Price changes take effect at the start of the next billing period following the notice period.
• Late Payments: Overdue invoices may accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less). iConsult Health reserves the right to suspend access to the Platform for accounts with outstanding balances exceeding thirty (30) days past due.
• Taxes: All fees are exclusive of applicable taxes, levies, or duties. You are responsible for any such amounts imposed by applicable governmental authorities.

14. Service Level & Availability

iConsult Health uses commercially reasonable efforts to maintain Platform availability of 99.9% uptime, measured on a monthly basis, excluding scheduled maintenance windows.

• Scheduled Maintenance: We will provide at least twenty-four (24) hours' advance notice for planned maintenance that may affect availability. Maintenance will be scheduled during off-peak hours whenever practicable.
• No Guarantee: Despite our best efforts, we do not guarantee uninterrupted, error-free, or completely secure access to the Platform. Service interruptions may occur due to factors beyond our reasonable control.
• Force Majeure: iConsult Health shall not be liable for any failure or delay in performance resulting from acts of God, natural disasters, pandemic, war, terrorism, government action, power failures, internet outages, or other events beyond our reasonable control.
• Service Credits: Service level commitments and associated remedies (if any) for qualifying downtime events are set forth in the applicable Service Level Agreement (SLA) executed between the parties.

15. Data Security

iConsult Health implements and maintains a comprehensive information security program designed to protect the confidentiality, integrity, and availability of all data processed through the Platform. Key security measures include:

• Encryption at Rest: All sensitive data, including PHI, is encrypted at rest using AES-256 encryption. Documents stored in cloud object storage are encrypted using server-side encryption with KMS-managed keys.
• Encryption in Transit: All data transmitted between Users and the Platform is protected using TLS 1.3 or higher.
• Access Controls: Role-based access control (RBAC) ensures Users can only access data and features appropriate to their role. Multi-factor authentication (MFA) is available and recommended for all accounts.
• Audit Logging: All access to PHI, security-relevant events, and administrative actions are logged with tamper-resistant audit trails.
• Content Security Policy: The Platform enforces strict Content Security Policy (CSP) headers with cryptographic nonces to prevent cross-site scripting and code injection attacks.
• Security Assessments: Regular vulnerability scanning, penetration testing, and security reviews are conducted to identify and remediate potential threats.
• Incident Response: A documented incident response plan is maintained and tested to ensure timely detection, containment, and notification in the event of a security incident.

16. Data Migration

The Platform offers AI-assisted data import capabilities to facilitate migration from legacy occupational health systems, spreadsheets, and other data sources. You acknowledge and agree that:

• iConsult Health does not guarantee the accuracy, completeness, or consistency of data migrated from third-party systems. Source data quality, format variations, and schema differences may affect migration outcomes.
• The Tenant is responsible for reviewing and verifying all imported data within a reasonable period after migration. iConsult Health will provide tools and reports to facilitate this review process.
• Migration services may be provided as part of onboarding or as an add-on service, as specified in the applicable Order Form.
• Historical data import is performed on a best-effort basis and is subject to availability and format compatibility of the source data.

17. Telemedicine

The Platform includes integrated telemedicine capabilities powered by third-party video infrastructure. You acknowledge and agree that:

• Telemedicine consultations are conducted between the patient and a licensed healthcare Provider. iConsult Health facilitates the technology but does not provide medical care.
• Telemedicine sessions may be logged to the patient's case record for continuity of care and documentation purposes, in accordance with applicable law and the Provider's clinical judgment.
• Telemedicine services are subject to applicable state and federal laws governing the practice of telehealth, including licensure requirements, informed consent, and prescribing regulations. Providers are responsible for ensuring compliance with the laws of the jurisdiction in which the patient is located.
• Real-time AI-assisted translation may be available during telemedicine sessions. Such translation is provided as an aid and may contain errors; it does not replace the services of a qualified medical interpreter when clinically indicated.
• Technical issues, including connectivity problems, may affect the quality or availability of telemedicine sessions. In such cases, alternative arrangements (such as in-person visits or rescheduling) may be necessary.

18. Third-Party Services

The Platform integrates with and relies upon certain third-party services to deliver its functionality. These include:

• Anthropic (Claude AI): Provides the large language model used for intake classification, natural language processing, and decision-support. BAA executed.
• Railway: Cloud hosting infrastructure for the Platform. BAA executed.
• Stripe: Payment processing for subscription billing. PCI DSS compliant; no PHI transmitted.
• Daily.co: Video communication infrastructure for telemedicine. BAA executed.
• Resend: Transactional email delivery. BAA executed; no PHI included in email content.

Each third-party service is governed by its own terms of service and privacy policy. iConsult Health maintains appropriate data processing agreements and/or Business Associate Agreements with third-party providers that process PHI. iConsult Health is not responsible for the privacy practices or terms of third-party services beyond the scope of our contractual agreements with them.

19. Limitation of Liability

CAP ON LIABILITY. To the maximum extent permitted by applicable law, the total aggregate liability of iConsult Health, Inc. and its officers, directors, employees, and agents, arising out of or relating to these Terms or your use of the Platform, shall not exceed the total amount of fees actually paid by you to iConsult Health during the twelve (12) month period immediately preceding the event giving rise to the claim.

EXCLUSION OF DAMAGES. In no event shall iConsult Health be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, data, business opportunity, or other intangible losses, arising out of or relating to your use of (or inability to use) the Platform, even if iConsult Health has been advised of the possibility of such damages.

DATA BREACH CARVE-OUT. The limitations set forth in this section shall not apply to damages arising from iConsult Health's willful or grossly negligent breach of its data security obligations, or from a breach of the Business Associate Agreement caused by iConsult Health's willful misconduct.

CLINICAL OUTCOMES. iConsult Health shall not be liable for any clinical outcomes, adverse health events, or patient harm arising from a Provider's clinical decisions, whether or not such decisions were informed by AI-generated content on the Platform.

20. Indemnification

Your Indemnification. You agree to indemnify, defend, and hold harmless iConsult Health, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your Tenant Data or other Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your infringement of any third-party right, including any intellectual property or privacy right.

Our Indemnification. iConsult Health agrees to indemnify, defend, and hold harmless you and your Organization from and against any third-party claim that the Platform, as provided by iConsult Health and used in accordance with these Terms, infringes any United States patent, copyright, or trademark of such third party, provided that you: (a) promptly notify iConsult Health in writing of such claim; (b) grant iConsult Health sole control of the defense and settlement; and (c) reasonably cooperate with iConsult Health in the defense.

21. Termination

Termination for Convenience. Either party may terminate the subscription by providing thirty (30) days' written notice to the other party. Notice must be sent via email to the address on file or, in the case of notice to iConsult Health, to legal@iconsult.health.

Termination for Cause. Either party may terminate immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within fifteen (15) days of receiving written notice; or (b) becomes subject to bankruptcy, insolvency, or similar proceedings.

Effect of Termination. Upon termination or expiration of the subscription:

• Your right to access and use the Platform will cease immediately upon the effective date of termination.
• Tenant Data will be available for export for a period of ninety (90) days following termination via the Platform's export tools or upon written request.
• After the ninety (90) day export period, all Tenant Data will be permanently and irreversibly deleted from our systems and backups, except where retention is required by law (e.g., OSHA recordkeeping requirements).
• Any prepaid fees for unused portions of the subscription term will be handled in accordance with the applicable Order Form or refund policy.

Survival. Sections relating to Data Ownership, Limitation of Liability, Indemnification, Dispute Resolution, and any accrued payment obligations shall survive termination.

22. Dispute Resolution

Informal Resolution. Before initiating any formal dispute resolution proceeding, the parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms through informal negotiation for a period of at least thirty (30) days from the date written notice of the dispute is provided.

Binding Arbitration. Any dispute that cannot be resolved through informal negotiation shall be submitted to final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator with experience in technology and healthcare services agreements.

Individual Claims Only. All disputes shall be resolved on an individual basis. You agree to waive any right to participate in a class action, class arbitration, or representative proceeding. The arbitrator may not consolidate claims of more than one party.

Venue and Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. Any arbitration or legal proceedings shall be held in the State of Florida.

Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data security requirements.

23. Changes to Terms

iConsult Health reserves the right to modify these Terms at any time. We will provide at least thirty (30) days' prior notice of material changes via email to the address associated with your account and by posting a notice on the Platform.

Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with any modification, you may terminate your subscription in accordance with Section 21 before the modification takes effect.

Non-material changes, such as typographical corrections or clarifications that do not substantively alter your rights or obligations, may be made without prior notice. The "Last Updated" date at the top of this page will be revised whenever these Terms are modified.

24. Contact Information

If you have questions about these Terms of Service, please contact us at: