Terms and Conditions

1. Acceptance of Terms

By accessing, browsing or using this website or the services provided by RSB Healthcare Consulting LLC (the "Company," "we," "us," or "our"), including InsScrub AI, AllTierLabs, examinemyhealth, RingCentral integration and related services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all of these Terms, do not use or access the Website or Services.

Your use of the Services constitutes your acceptance of these Terms and our Privacy Policy, which is incorporated by reference into these Terms. You represent that you are at least 18 years of age or have parental/guardian consent and that you have the legal authority to enter into this agreement.

These Terms apply to all users of the Website and Services, including healthcare providers, business associates, patients and any other individual or entity accessing our services.

2. Use License and Intellectual Property

2.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services solely for your personal, non-commercial use or for your authorized business purposes.

2.2 Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, audio, video, software and other materials (the "Content"), is the property of RSB Healthcare Consulting LLC, its content suppliers or their respective licensors. The following materials are specifically protected:

• InsScrub AI - Proprietary healthcare data processing software
• RevenuePro - Proprietary revenue cycle management application
• Lab Testing Platform - Proprietary laboratory testing software
• ClaimFlow - Proprietary claims management system

All intellectual property rights in these applications are owned exclusively by RSB Healthcare Consulting LLC.

2.3 Restrictions

You agree not to:

• Reproduce, distribute, transmit, display or publish any Content without written permission
• Modify, adapt, translate or create derivative works based on the Content
• Decompile, reverse engineer or attempt to access the source code of our software
• Remove, alter or obscure any copyright or proprietary notices
• Use the Content for any commercial purpose outside of the authorized Services
• Transfer, sell or license the Services or any Content to any third party

2.4 User Content

If you submit any content, feedback, suggestions or ideas to the Company ("User Content"), you grant us a perpetual, worldwide, royalty-free license to use, modify and distribute such User Content without compensation or attribution.

3. Representations and Warranties

You represent and warrant that:

• You have the legal right and capacity to enter into this agreement
• All information you provide is true, accurate and current
• You will not violate any applicable laws or regulations
• You will not impersonate any person or entity
• You will not transmit any harmful code, viruses or malware
• You own or have authorization to use any personal information you provide
• You will not engage in any unlawful or prohibited conduct
• You have obtained proper consent from all relevant parties for information you share

4. Account Responsibility

4.1 Account Creation

To use certain features of the Services, you may need to create an account. You are responsible for:

• Providing accurate and complete registration information
• Maintaining the confidentiality of your login credentials
• Protecting your username and password
• Notifying us immediately of any unauthorized access

4.2 Unauthorized Use

You are liable for all activities that occur under your account, including unauthorized use. We are not responsible for any loss or damage resulting from unauthorized account access. If you suspect unauthorized access, contact us immediately.

4.3 Account Termination

We reserve the right to terminate or suspend your account, without notice or refund, if you:

• Violate these Terms or any applicable law
• Engage in prohibited conduct
• Engage in abusive, harassing or threatening behavior
• Use our services for unlawful purposes
• Violate HIPAA, TCPA or other regulatory requirements

5. SMS Services and Messaging Consent

5.1 Opt-In Requirements

By opting into our SMS service, you:

• Expressly consent to receive SMS messages from us
• Acknowledge that you have read our Privacy Policy
• Understand that message and data rates may apply according to your carrier's plan
• Warrant that you are the owner of the phone number or have permission from the owner to receive messages at that number
• Consent to receive messages from RSB Healthcare Consulting LLC and RingCentral (our service provider)

5.2 Opt-In Methods

Consent to SMS messages may be obtained through:

• Website form with explicit SMS opt-in checkbox
• Reply to SMS opt-in text message (text-to-opt-in)
• Written or verbal consent (when documented)
• In-person sign-up form
• Customer-initiated SMS request

You will receive a confirmation message upon successful opt-in.

5.3 What You're Agreeing To

By opting in, you acknowledge that:

• You will receive SMS messages as described in our Privacy Policy
• Message frequency and types are specified in our Privacy Policy
• You can opt out at any time by replying STOP
• Message and data rates may apply according to your carrier plan
• Your phone number will not be shared with third parties
• You consent to receiving messages via RingCentral's platform
• Messages may be sent using an automated system

5.4 Confirmation of Consent

Upon opting in, you will receive a confirmation message. This confirmation serves as your record of opt-in consent and may be retained for compliance purposes.

6. Message Standards and Frequency Limits

6.1 Message Frequency

• We will not send more than 50 SMS messages per originating number per minute
• Expected message frequency is no more than 2 promotional messages per week
• Higher volumes require special arrangement and will be disclosed in advance
• Message limits are designed to prevent carrier filtering and ensure deliverability

6.2 Message Content Standards

• All SMS messages include clear identification of sender (RSB Healthcare Consulting LLC or RSB)
• All links in SMS messages use ONLY our branded domain (rsbhealthcare.com) and do NOT use link shorteners, bit.ly, tinyurl or other third-party URL services
• All messages include STOP instructions and contact information
• Messages are compliant with carrier regulations and industry standards

6.3 Message Categories

Messages you may receive include:

• Transactional Messages (Unlimited): Account confirmations, password resets, appointment reminders order status updates, service alerts, payment confirmations, account notifications
• Informational Messages: Important service notices, security alerts, policy updates, service announcements, system maintenance notices
• Promotional Messages: Special offers, new features, announcements, marketing updates [No more than 2 per week]

6.4 Standard Disclosures

All SMS messages include the following language or similar:

• "Message and data rates may apply"
• "Reply STOP to unsubscribe"
• "Reply HELP for help"
• Contact: support@rsbhealthcare.com or +1 313-756-6801

6.5 No Purchased Lists

We do NOT use purchased contact lists, lead lists or third-party marketing lists for SMS messaging. All phone numbers in our database are from user opt-in consent only. We do not:

• Purchase phone numbers from data brokers
• Acquire leads from third-party sources
• Rent contact lists
• License phone numbers from other companies
• Use scraped or harvested contact information

6.6 Campaign Registry (TCR) Compliance

We are registered with The Campaign Registry (TCR) as a Campaign Service Provider and maintain compliance with all TCR requirements for 10-digit long code (10DLC) SMS messaging. Our brand and SMS campaigns are registered with TCR and we maintain current registration status.

7. Opt-Out and Unsubscribe

7.1 How to Opt Out

You can opt out of SMS messages at any time using any of these methods:

1. Reply STOP: Text STOP to any message you receive from us. This is the fastest and preferred method.
2. Contact Us: Email support@rsbhealthcare.com or call +1 313-756-6801 with your request
3. Account Settings: Change SMS preferences in your account portal (if available)

7.2 Opt-Out Processing

• We will honor your opt-out request within 24 hours
• You will receive a final confirmation message confirming that you have been unsubscribed
• No further marketing or promotional messages will be sent after opt-out
• Transactional messages may continue only if they are essential to account administration or service delivery and you have not requested their discontinuation

7.3 Do Not Contact List

Your phone number will be added to our internal do-not-contact list and will not receive future messages from any of our SMS campaigns.

7.4 No Charges

There is no charge for opting out and opting out does not affect any services or agreements you have with us or any discounts you may receive.

7.5 Possible Final Message

You may receive one final message confirming that you have been successfully unsubscribed. This is normal and does not indicate continued messaging.

8. TCPA Compliance and Legal Obligations

8.1 Telephone Consumer Protection Act (TCPA)

We comply fully with the Telephone Consumer Protection Act (47 U.S.C. § 227) and all related Federal Communications Commission (FCC) regulations, including:

• Obtaining prior express written consent before sending marketing or promotional SMS messages
• Maintaining and honoring opt-out requests within 24 hours
• Not sending messages to emergency services numbers (911) or directory assistance numbers
• Maintaining records of your opt-in consent for a minimum of 7 years
• Respecting the National Do Not Call Registry (DNC list)
• Complying with all state-specific SMS and telemarketing laws

8.2 State Law Compliance

We comply with all state-specific SMS regulations, including:

• California A.B. 2863 (SMS consent requirements)
• New York state law requirements
• All other state laws governing SMS messaging
• State do-not-call laws and regulations

8.3 Your TCPA Responsibilities (if applicable)

If you are using our Services to send SMS messages to others, you warrant that:

• You have obtained prior express written consent from all recipients before sending any marketing or promotional messages
• You maintain records of consent and opt-out requests for at least 7 years
• You honor all opt-out requests immediately (within 24 hours)
• You comply with the National Do Not Call Registry
• You do not use automated or artificial voice recordings for SMS messages
• You have properly identified yourself in all messages
• You have obtained consumer signatures or electronic consent documentation
• Your SMS messages comply with carrier regulations and industry standards

8.4 Prohibited Uses

You agree NOT to use our SMS services to:

• Send spam, unsolicited messages or bulk communications without proper consent
• Harass, threaten, defame or contact any person without consent or lawful justification
• Impersonate any individual organization or government entity
• Violate any state or federal law or regulation
• Violate the TCPA, FCC regulations or similar state laws
• Use purchased or rented lists without obtaining proper prior express written consent from each recipient
• Send messages to numbers on the National Do Not Call Registry
• Send messages to emergency services numbers or directory assistance
• Violate any carrier rules or regulations
• Engage in fraudulent, deceptive or misleading practices

8.5 RingCentral Not Responsible

RingCentral provides the SMS delivery platform but is NOT responsible for:

• Message content created by you
• Message delivery or non-delivery of SMS messages
• Recipient complaints or disputes
• Your compliance with TCPA, FCC regulations or similar laws
• Your use of purchased lists or non-consented numbers
• Any claims, damages, penalties or liability related to SMS messaging
• Any violation of law or regulation that results from your use of SMS services
• Carrier filtering, rejection or non-delivery of messages

You are solely and completely responsible for TCPA compliance and legal compliance with all SMS and telecommunications laws.

8.6 Indemnification

You agree to indemnify, defend and hold harmless RSB Healthcare Consulting LLC, RingCentral and their officers, directors, employees and agents from any claims, damages, penalties, fines or liability arising from:

• Your violation of TCPA or similar laws
• Your sending of messages without proper consent
• Your use of purchased lists
• Any recipient complaints or disputes
• Your violation of these Terms or any applicable law
• Your misuse of the SMS services

8.7 Suspension or Termination

We may suspend or terminate your SMS service immediately, without notice or refund, if we determine you:

• Violate the TCPA, FCC regulations or similar laws
• Send messages without proper consent
• Receive excessive complaints from recipients
• Use our service improperly or contrary to these Terms
• Use purchased lists or unauthorized numbers
• Engage in fraudulent or deceptive practices
• Violate any provision of these Terms

9. RingCentral API and Account Data

9.1 Account Data Access (if using API)

If our application accesses your RingCentral account data:

• We will clearly disclose in writing what data we access
• We will explain how we use that data
• We will disclose where data may be stored or transmitted
• We obtain your express written consent before any access
• You can withdraw consent at any time

9.2 Account Data Protection

We protect your RingCentral Account Data by:

• Using encryption for data in transit and at rest (AES-256 minimum)
• Implementing access controls and role-based permissions
• Not disclosing data to third parties without your explicit written consent
• Using data only for providing our specific services
• Not modifying, altering or corrupting the content or integrity of data
• Maintaining security measures at least equal to RingCentral's standards
• Complying with all applicable privacy laws (GDPR, CCPA, HIPAA, etc.)

9.3 User Notification

You acknowledge that:

• We have informed you that your Account Data comes from RingCentral
• We have explained how we will use this data
• RingCentral is not responsible for our handling of Account Data
• You have consented to this Account Data access and use
• You understand the data security measures we implement

9.4 Withdrawal of Consent

You can withdraw consent for Account Data access at any time by:

• Changing permissions in your account settings
• Contacting us at support@rsbhealthcare.com
• Revoking the application's authorization through RingCentral

Upon withdrawal, we will immediately stop accessing your Account Data and delete stored data (unless retention is required by law).

9.5 Data Handling on Termination

Upon termination of your account or withdrawal of API access:

• We will stop collecting new Account Data
• We will delete your Account Data unless legally required to retain it
• We will not use your data for any purpose
• We will comply with your data deletion request

10. HIPAA and Healthcare-Related Terms

10.1 Business Associate Agreement

If you use our Services to process Protected Health Information (PHI) as defined under HIPAA (45 CFR §160 and §164), a separate Business Associate Agreement (BAA) must be executed.

The BAA shall govern:

• Permitted uses and disclosures of PHI
• Safeguarding requirements
• Breach notification procedures
• Individual access rights
• Amendment and accounting procedures
• Termination provisions
• Data deletion and return requirements

The BAA is incorporated by reference into these Terms where applicable.

10.2 PHI Safeguards

We implement administrative, physical and technical safeguards to protect PHI, including:

• Encryption of PHI in transit and at rest
• Access controls and authentication mechanisms
• Audit controls and activity logging
• Integrity controls to detect corruption
• Transmission security
• Regular security assessments and risk analysis

10.3 HIPAA Compliance

We comply with HIPAA and HITECH Act requirements, including:

• Minimum necessary standard
• Breach notification (60-day notification requirement)
• Security rule compliance
• Accounting of disclosures
• Individual authorization requirements
• Authorization form requirements

10.4 Your HIPAA Responsibilities

If you are a Covered Entity or individual responsible for PHI:

• You will notify us of any changes to authorized uses or permitted disclosures
• You will provide BAA amendments timely
• You will cooperate with required audits and compliance reviews
• You will notify us promptly of any suspected breaches or unauthorized access
• You will maintain your own safeguards for PHI

11. Limitation of Liability

11.1 Disclaimer of Warranties

The Website and Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. We disclaim all warranties, express or implied, including:

• Implied warranties of merchantability, fitness for a particular purpose and non-infringement
• Warranties regarding the accuracy, reliability or completeness of Content
• Warranties regarding uninterrupted or error-free service
• Any warranty that the Services will meet your specific needs

11.2 Limitation of Damages

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, special, consequential or punitive damages
• Loss of profits, revenue, data or business opportunities
• Loss of goodwill or reputation
• Any damages resulting from use or inability to use the Services
• Any damages resulting from unauthorized access to your account
• Any damages resulting from third-party actions or services

11.3 Liability Cap

Our total liability for any claim arising out of these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim or $100, whichever is greater.

11.4 Exceptions

These limitations do not apply to:

• Your indemnification obligations
• Confidentiality obligations
• Either party's intellectual property rights
• Fraud or willful misconduct
• Claims that cannot be limited under applicable law

12. Indemnification

You agree to indemnify, defend and hold harmless RSB Healthcare Consulting LLC, RingCentral and their respective officers, directors, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms or any provision hereof
• Your violation of any law or regulation
• Your violation of HIPAA, TCPA or other applicable laws
• Your use of the Services for unlawful purposes
• Your infringement of any third-party intellectual property rights
• Your misuse of User Content
• Any claim by a third party relating to your use of the Services
• Your violation of the rights of any third party

13. Third-Party Services and Links

13.1 Third-Party Links

The Website may contain links to third-party websites and services not owned or controlled by us, including RingCentral. We are not responsible for:

• The content, accuracy or practices of third-party sites
• The privacy practices of third-party services
• Any loss or damage resulting from use of third-party services
• The availability or functionality of third-party links

You acknowledge that your use of third-party services is subject to their own terms and conditions and privacy policies.

13.2 Third-Party Providers

We use third-party service providers to operate the Website and provide Services, including:

• RingCentral (SMS delivery platform)
• Cloud hosting providers
• Payment processors
• Analytics providers
• Email service providers

These providers are contractually obligated to maintain the confidentiality and security of your information.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.

14.2 Jurisdiction

You agree that any legal action or proceeding relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in Massachusetts.

14.3 Arbitration (Optional)

For disputes not resolved through negotiation, either party may elect binding arbitration under the American Arbitration Association (AAA) rules. Arbitration shall be conducted:

• In Boston, Massachusetts
• Before a single arbitrator
• At the parties' mutual expense
• In accordance with AAA rules

14.4 Injunctive Relief

Notwithstanding the arbitration clause, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm or enforce intellectual property rights.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes by:

• Posting the updated Terms on the Website
• Sending email notification to registered users
• Posting a notice on the Website

Your continued use of the Services after modifications constitutes your acceptance of the modified Terms. If you do not agree with modifications, you must stop using the Services.

16. Termination

16.1 Termination for Cause

We may terminate your access to the Services, without notice or refund, if you:

• Breach these Terms
• Violate any law or regulation
• Engage in prohibited conduct
• Violate HIPAA, TCPA or other applicable laws
• Fail to pay any fees due

16.2 Termination for Convenience

Either party may terminate these Terms upon 30 days' written notice to the other party.

16.3 Effect of Termination

Upon termination:

• Your access to the Services will be discontinued
• You will no longer receive SMS messages (unless already opted out)
• We may delete your Account Data (except as required by law)
• Sections 2, 8, 11, 12, 14 and 15 shall survive termination
• You remain liable for any breaches prior to termination