Terms of Service

1. Nature of service & clinical disclaimer (human-in-the-loop)

Administrative Utility Only: The Service is strictly an administrative productivity and AI-assisted drafting utility designed for licensed healthcare providers. The Company is a technology vendor, NOT a medical practice, healthcare provider, or contractor/affiliate of the U.S. Department of Veterans Affairs (VA).

No Practice of Medicine: The Service does not provide medical advice, clinical diagnoses, medical opinions, or legal representation. AI-generated text, range-of-motion calculations, scar area estimates, and FIRAC rationale drafts are raw probabilistic suggestions.

Sole Clinician Responsibility: The licensed examining clinician maintains 100% sole, non-delegable responsibility for reviewing, editing, verifying, and signing all DBQs and medical reports. Adopting, signing, or submitting any AI-generated output constitutes full, independent clinical verification by the provider.

No Guarantee of VA Adjudication: The Company makes zero representations or warranties that reports generated using the Service will pass VA sufficiency audits, satisfy contract vendor requirements (e.g., VES, QTC, Optum Serve), or result in specific disability rating outcomes.

2. Subscription, billing, and refund terms

Recurring Billing: Subscriptions are billed in advance on a recurring monthly or annual basis via Stripe.

Non-Refundable Renewals: After the 7-day free trial ends and the first charge is processed, all payments and renewals are non-refundable. Cancelling a subscription stops future auto-renewals immediately. Platform access will remain active through the end of the current paid billing period, with zero partial-month credits or refunds issued.

Duplicate Charges: Verified accidental duplicate charges, fraudulent charges, and unauthorized transactions reported to support@the-digital-agency.io within 30 days will be refunded 100% to the original payment method.

3. HIPAA compliance, PHI & security responsibilities

Covered Entity Status: You represent that you (or your employer) are the Covered Entity or Business Associate legally authorized to handle Protected Health Information (PHI).

Mandatory BAA Execution: A formal Business Associate Agreement (BAA) must be executed prior to processing PHI through the Service. Processing un-anonymized PHI absent an executed BAA is a material breach of these terms and performed at your sole legal risk.

Credential & Workstation Hygiene: You are solely responsible for securing user credentials, enforcing device-level security, utilizing 15-minute auto-lock features, and logging out of shared workstations. Notify support@the-digital-agency.io immediately upon any suspected breach.

4. Limitation of liability & absolute cap

"AS-IS" WARRANTY DISCLAIMER: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

EXCLUSION OF INDIRECT DAMAGES: IN NO EVENT SHALL THE DIGITAL AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA, MEDICAL MALPRACTICE CLAIMS, OR VA REGULATORY PENALTIES.

AGGREGATE LIABILITY CAP: THE TOTAL AGGREGATE LIABILITY OF THE DIGITAL AGENCY ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS LESS.

5. Comprehensive indemnification

You agree to defend, indemnify, and hold harmless The Digital Agency, its affiliates, officers, agents, and employees against any third-party claims, lawsuits, VA regulatory sanctions, medical malpractice actions, board complaints, damages, or legal expenses (including reasonable attorney fees) arising out of:

1. Your use of or reliance on the Service;

2. Any documentation, DBQ, or medical opinion signed or submitted by you;

3. Your clinical judgment or care provided to any examinee;

4. Any breach of HIPAA, privacy laws, or these Terms of Service.

6. Acceptable use & intellectual property

Named Provider Seats: Subscriptions are strictly tied to a single licensed provider. Sharing login credentials, seat transfer, or unauthorized access is prohibited.

Prohibited Conduct: You shall not reverse-engineer, decompile, scrape, or extract model weights, prompts, or source code; bypass access controls; or use the Service to draft documentation for examinations you did not personally conduct.

7. Binding arbitration & class action waiver

Mandatory Individual Arbitration: Any dispute, controversy, or claim arising out of these Terms or the Service shall be settled by binding individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA).

CLASS ACTION & JURY TRIAL WAIVER: YOU AGREE THAT ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR JURY TRIAL AGAINST THE DIGITAL AGENCY.

8. Governing law & severability

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles. If any provision is deemed invalid or unenforceable, all remaining provisions remain in full force.