Terms of Use

1.Agreement to these Terms

These Terms of Use ("Terms") govern your access to and use of the website at https://pro1.health and its subdomains, together with all content, resources, forms and features made available on it (the "Site").

The Site is operated by the Pro1 Health group of companies ("Pro1 Health", "we", "us", "our"):

• Pro1 Health, Inc., 9442 North Capital of Texas Hwy, Plaza One, Suite 500, Austin, TX 78759, United States
• Pro1 Health Systems Pvt Ltd, Tek Meadows, Tower B, 4th Floor, 51 Rajiv Gandhi Salai (OMR), Sholinganallur, Chennai 600119, India, with additional delivery centres at Tirunelveli, Thanjavur and Thoothukudi

Which Pro1 Health entity these Terms are with: The Pro1 Health entity that is party to these Terms, and the law that governs them, depends on where you access the Site from:

References to "Pro1 Health", "we", "us" and "our" in these Terms mean your contracting entity, and — where the context requires, such as in Sections 8, 17 and 18 — the wider Pro1 Health group. The corresponding governing law and jurisdiction for each region are set out in Section 22.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

2.Eligibility

The Site is intended for business users — healthcare providers, payers, health plans, management services organisations, their advisers and prospective employees. By using the Site you represent that you are at least 18 years of age and, where you act on behalf of an organisation, that you have authority to bind that organisation to these Terms.

The Site is not intended for patients or health plan members. If you are a patient seeking your medical records, a billing statement, an explanation of a claim, or information about your care, please contact your healthcare provider or health plan directly. See Section 6.

3.Relationship to other agreements

The Site is an informational and marketing resource. These Terms do not grant you any right to receive our services.

Access to and use of our revenue cycle management, risk adjustment coding, home health coding, clinical documentation improvement, HEDIS abstraction, RADV audit support and related services are governed by separate written agreements, which may include a Master Services Agreement, statement of work, service level agreement, pricing schedule, Business Associate Agreement (BAA), Data Processing Addendum, non-disclosure agreement and access or security addendum (together, the "Client Agreements").

If there is any conflict between these Terms and a Client Agreement, the Client Agreement prevails in respect of the services it covers.

Business Associate Agreements take precedence on health information. Nothing in these Terms varies, limits or waives any obligation we owe under a Business Associate Agreement or under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Where these Terms and a BAA address the same subject matter, the BAA governs.

4.Licence to use the Site

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and view the Site for your internal business and informational purposes.

All other rights are reserved. You may not use the Site for any commercial purpose without our prior written consent.

5.Acceptable use

You agree that you will not, and will not permit any other person to:

We reserve the right to investigate, monitor for, and take action against any conduct we reasonably believe breaches this Section, including blocking access, preserving evidence, notifying law enforcement and pursuing civil remedies.

6.No submission of patient information or protected health information

Do not submit protected health information (PHI), patient records, member data, claims files or any individual’s health information through the Site. The forms on the Site are general business enquiry channels. They are not a secure transmission mechanism for health information and are not covered by any Business Associate Agreement.

If you are an existing client, all health information must be exchanged only through the secure channels and systems agreed in your Client Agreement and Business Associate Agreement.

If you are a prospective client and need to share sample records, test files or data for scoping purposes, contact us first so that we can execute the appropriate non-disclosure agreement and Business Associate Agreement and provide a secure transfer method.

If PHI is submitted to us through the Site in breach of this Section, we will handle it in accordance with applicable law and our internal procedures, which may include secure deletion, and we will notify the submitting organisation where we are able to identify it. We accept no liability for health information transmitted to us outside an agreed secure channel.

7.Responsible vulnerability disclosure

If you believe you have discovered a security vulnerability in the Site or any Pro1 Health system, please report it to security@pro1.health rather than disclosing it publicly.

We commit to acknowledging good-faith reports, investigating promptly, and not pursuing legal action against researchers who act in good faith and in accordance with that policy.

Do not access, retrieve, copy, retain or transmit any protected health information in the course of security research. If you inadvertently encounter health information, stop immediately, do not save or share it, and report the circumstances to us at once.

8.Intellectual property

The Site and all content on it — including text, graphics, logos, icons, images, audio and video, software, page layout, design and the selection and arrangement of content — is owned by or licensed to Pro1 Health and is protected by copyright, trademark, database and other intellectual property laws.

Pro1, Pro1 Health, the Pro1 Health logo and associated names are trademarks of Pro1 Health. You may not use them without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners; their appearance does not imply any endorsement or affiliation.

9.Your submissions and feedback

If you submit content to us through the Site — including enquiries, comments, job applications, or materials shared in connection with a proposal — you represent that you have the right to do so and that the content does not infringe any third party’s rights and is not unlawful, defamatory or otherwise objectionable.

10.Careers and job applications

Information submitted through our careers pages is used solely to assess your application, as described in our Privacy Policy. Submitting an application does not create an employment relationship or any obligation on us to consider or respond to it. We do not accept unsolicited candidate submissions from recruitment agencies, and any such submission will be treated as unsolicited with no fee obligation unless a written agency agreement is in place.

Employment with Pro1 Health is subject to background verification, healthcare exclusion-list screening and confidentiality undertakings where permitted by applicable law. Any offer is conditional on satisfactory completion of those checks.

11.Informational content — no professional advice or warranty of outcome

Our blogs, news, insights, whitepapers, checklists, coding updates, compliance content and similar resources are provided for general information only.

They do not constitute medical, clinical, coding, billing, reimbursement, legal, regulatory, compliance, tax or financial advice, and must not be relied on as such.

Content relating to coding and reimbursement — including ICD-10-CM, CPT, HCPCS, HCC risk adjustment models, HEDIS measures, RADV audit methodology, OASIS, home health grouping, payer policies and Medicare or Medicaid rules — reflects our general understanding at the time of writing. These rules change frequently, including through annual code set updates, quarterly guideline revisions, payer policy changes and CMS rulemaking, and our content may not be current or applicable to your circumstances.

You must verify all coding, billing and compliance guidance against the current official sources — including the ICD-10-CM Official Guidelines for Coding and Reporting, AMA CPT guidance, CMS manuals and transmittals, NCQA specifications and your payer contracts — and obtain independent professional advice before acting on it.

Nothing on the Site guarantees that any claim will be paid, that any code will be accepted, that any risk adjustment factor or quality score will be achieved, that any audit will be passed, or that your organisation will achieve or maintain compliance with any law, regulation or framework.

Nothing on the Site constitutes medical advice or a substitute for the clinical judgement of a qualified healthcare professional. Coding and documentation support never replaces the treating provider’s clinical determination or the accuracy of the underlying medical record.

Statistics, benchmarks, accuracy rates and performance figures shown on the Site are illustrative and are derived from aggregated and de-identified internal data across engagements. They describe past results in particular circumstances, are not a representation about your organisation, and do not constitute a warranty, guarantee or projection of results. Actual outcomes depend on factors outside our control, including documentation quality, payer behaviour, patient population and your own systems and processes.

12.Certifications and compliance statements

References on the Site to HITRUST e1 certification, SOC 2 Type 2 attestation, ISO/IEC 27001 certification and HIPAA compliance describe the scope, status and controls of Pro1 Health’s own operations as at the date of the relevant assessment.

• They do not certify, warrant or guarantee the compliance of any client, and they do not transfer to you.
• They are limited to the systems, locations and services within the assessed scope, which may be narrower than our overall operations.
• Certification and attestation status may change. Current reports, certificates and scope statements are made available to clients and prospective clients under a non-disclosure agreement on request at compliance@pro1.health.
• Engaging Pro1 Health does not make your organisation HIPAA compliant. You remain responsible for your own compliance obligations as a covered entity or business associate.

13.Proposals, pilots and evaluations

Any pricing, service description, turnaround time, staffing estimate or performance indication provided through the Site or in response to an enquiry is indicative only, is not an offer capable of acceptance, and does not bind us until set out in a signed Client Agreement.

Where we provide a pilot, proof of concept, sample audit or evaluation, it is provided on the terms of the relevant Client Agreement. In the absence of such an agreement, it is provided "as is", without warranty, for evaluation only, and we may withdraw or modify it at any time. No health information may be exchanged for these purposes until a Business Associate Agreement is in place.

14.Third-party links and content

The Site contains links to third-party websites, including LinkedIn, Facebook and Instagram. We provide these for convenience only. We do not control, endorse or accept responsibility for third-party sites, their content, products, services or privacy practices. Accessing them is at your own risk and subject to their terms.

15.Availability of the Site

We aim to keep the Site available but we do not guarantee uninterrupted or error-free access. We may suspend, withdraw, modify or discontinue all or part of the Site at any time without notice, for maintenance, security, commercial or other reasons.

You are responsible for making the arrangements necessary to access the Site and for ensuring that anyone accessing it through your connection is aware of and complies with these Terms.

16.Disclaimers

To the maximum extent permitted by applicable law:

• The Site and its content are provided "as is" and "as available", without warranties, conditions or representations of any kind, whether express, implied or statutory.
• We disclaim all implied warranties, including merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy and non-infringement.
• We do not warrant that the Site or its content is accurate, complete, current, reliable, uninterrupted, secure, or free of viruses or other harmful components.
• We do not warrant that the Site will meet your requirements or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

17.Limitation of liability

To the maximum extent permitted by applicable law:

18.Indemnity

You agree to indemnify and hold harmless Pro1 Health, its group companies and their respective directors, officers, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with:

• (a) your breach of these Terms;
• (b) your misuse of the Site;
• (c) your violation of any applicable law or the rights of any third party;
• (d) any content you submit through the Site; or
• (e) any protected health information or other regulated data you transmit to us in breach of Section 6.

19.Privacy and cookies

Our collection and use of personal data is described in our Privacy Policy and our Cookie Policy, which are incorporated into these Terms by reference.

Our handling of protected health information as a business associate is governed by HIPAA and the applicable Business Associate Agreement, as explained in Section 3 of these Terms and Annex A of the Privacy Policy.

20.Export control, sanctions and lawful use

Our services and technical content may be subject to export control and sanctions laws, including the US Export Administration Regulations (EAR), US sanctions administered by OFAC, and India’s export control framework.

You represent and warrant that:

• (a) you are not located in, ordinarily resident in, or organised under the laws of, any country or territory subject to comprehensive sanctions;
• (b) you are not a person listed on any applicable restricted or denied party list, and are not owned or controlled by such a person;
• (c) you are not excluded, debarred or suspended from participation in any US federal healthcare programme, and are not listed on the HHS Office of Inspector General List of Excluded Individuals/Entities or the System for Award Management exclusions list; and
• (d) you will not access, download or use the Site or any material from it in violation of applicable export control, sanctions, healthcare fraud and abuse, or anti-corruption laws.

You agree to notify us promptly if any of the above ceases to be accurate.

21.Term and termination

These Terms apply while you use the Site. We may terminate or suspend your access at any time, without notice, if we reasonably believe you have breached these Terms or that termination is necessary to protect the Site, our clients, our users or our business.

Sections 6, 8, 9, 11, 16, 17, 18, 20, 22 and 23 survive termination.

22.Governing law and jurisdiction

22.2 The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

22.3 Nothing in this Section limits or excludes any mandatory consumer protection rights, or any right to bring proceedings in the courts of your country of residence, that is available to you under the law of that country and cannot lawfully be excluded or varied by agreement. Data subjects and Data Principals retain the right to complain to their local supervisory authority or regulator as described in our Privacy Policy, regardless of this Section.

22.4 Where a dispute falls within the scope of a Client Agreement or Business Associate Agreement, the governing law and dispute resolution provisions of that agreement prevail over this Section.

23.General

• 23.1 Entire agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to the Site, and supersede all prior understandings.
• 23.2 Severability: If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions will continue in full force.
• 23.3 No waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
• 23.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a group company or in connection with a merger, acquisition or sale of assets.
• 23.5 No partnership or agency: Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• 23.6 Force majeure: We are not liable for any failure or delay caused by events beyond our reasonable control.
• 23.7 Third party rights: Except for our group companies and the indemnified parties named in Section 18, no person other than you and us has any right to enforce these Terms.
• 23.8 Notices: Notices to us should be sent to the address in Section 25. We may give notice to you by posting on the Site or by email to any address you have provided.

24.Changes to these Terms

We may amend these Terms from time to time. The current version will always be posted on the Site with an updated "Last updated" date. Material changes will be notified through a prominent notice on the Site. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

25.Contact us