These Terms of Service (“Terms”) govern your use of Algoricum, Inc.’s (“Algoricum,” “we,” “our”) platform, applications, and services (collectively, the “Services”).
By creating an account, checking the acceptance box, or using the Services, you (“Customer,” “you,” or “Covered Entity”) agree to these Terms, including our Business Associate Agreement (Exhibit A), our Data Processing Addendum (Exhibit B), and our Privacy Policy.
If you are accepting these Terms on behalf of an organization, you represent that you are authorized to do so and bind that organization.
1.1 Description: Algoricum provides AI-driven lead management, communication automation, and analytics solutions for healthcare organizations.
1.2 Eligibility: You must be a legally authorized healthcare provider, business associate, or other entity permitted to access and manage patient-related data under HIPAA.
1.3 Account: You are responsible for maintaining the confidentiality of your credentials and all activity under your account.
2.1 Permitted Use: You may use the Services solely for lawful business purposes.
2.2 Restrictions: You may not:
2.3 Suspension: We may suspend your access if you fail to make payment, pose a security risk, or violate these Terms.
3.1 Fees: Subscription fees are set forth at algoricum.com/pricing.
3.2 Billing: Fees are billed monthly or annually in advance. All fees are non-refundable unless required by law.
3.3 Late Payments: Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law.
4.1 Ownership: You retain all rights in the data you provide (“Customer Data”), including Protected Health Information (“PHI”).
4.2 License to Algoricum: You grant us a limited license to use Customer Data solely as necessary to provide the Services, improve our algorithms, and comply with legal obligations.
4.3 De-Identified Data: Algoricum may create and use de-identified data in accordance with 45 CFR §164.514. De-identified data is owned by Algoricum and may be used for product development, benchmarking, and analytics.
5.1 Safeguards: We maintain administrative, physical, and technical safeguards as required by the HIPAA Security Rule.
5.2 Breach Reporting: We will notify you of any Breach of Unsecured PHI as required by 45 CFR §164.410, without unreasonable delay and no later than 10 business days after discovery. The notice will include:
5.3 Subcontractors: We require subcontractors (including cloud hosting providers, communication vendors, and other service providers) with access to PHI to sign agreements that contain equivalent HIPAA obligations.
5.4 Subprocessor List: A current list of subprocessors is available at algoricum.com/subprocessors and will be updated as needed.
6.1 Compliance: You are responsible for ensuring your use of the Services complies with HIPAA, the CCPA, GDPR (if applicable), and other privacy laws.
6.2 Authorized Users: You must ensure only authorized personnel access the Services.
6.3 Data Accuracy: You are solely responsible for the accuracy and legality of the Customer Data you provide.
7.1 Ownership: We own all rights in the Services, including software, designs, and related intellectual property.
7.2 Feedback: You grant us a royalty-free, worldwide license to use your feedback to improve our Services.
Both parties agree to protect each other’s Confidential Information and only use it for fulfilling obligations under these Terms.
The Services are provided “AS IS.” We disclaim all warranties, express or implied, including fitness for a particular purpose, merchantability, or non-infringement.
Algoricum will maintain a 99.5% uptime rate per calendar month, excluding scheduled maintenance and force majeure events.
11.1 Cap: Our total liability to you for any claim arising from these Terms or the Services shall not exceed two times (2x) the fees paid to us in the 12 months preceding the event.
11.2 Exclusions: We are not liable for indirect, incidental, punitive, or consequential damages.
You agree to indemnify and hold Algoricum harmless against claims arising from your misuse of the Services or violation of these Terms.
Algoricum offers a 30-Day No-Lose Guarantee to provide new clients with a risk-free trial period.
To qualify for this guarantee:
Lead Source Connection: All active lead sources (including but not limited to advertising accounts, web forms, and CRM integrations) must be connected to Algoricum within seven (7) days of account activation.
Active Use: The client must allow Algoricum to run continuously for thirty (30) days following lead source connection.
Definition of “Pay for Itself”: For the purposes of this guarantee, “pay for itself” is defined as Algoricum generating at least one (1) booked consult or engaging fifteen (15) unique leads (i.e., leads that respond to Algoricum outreach) within the thirty (30)‑day period.
Guarantee Type: If the above criteria are met and the client reasonably determines that Algoricum has not “paid for itself,” a one‑month service credit will be applied to the client’s account. No cash refunds will be issued.
Our Business Associate Agreement (BAA) is incorporated below (Exhibit A). By accepting these Terms, you also execute the BAA.
Our Data Processing Addendum (DPA) is incorporated below (Exhibit B). It governs the processing of any personal data subject to GDPR, CCPA, or other applicable data protection laws.
15.1 Term: These Terms remain in effect until terminated by either party.
15.2 Termination for Cause: Either party may terminate for material breach upon 30 days’ notice if uncured.
15.3 Post-Termination: Upon termination, we will return or securely destroy PHI, unless this is infeasible, in which case protections will remain in place.
Amendments: We may update these Terms with notice of material changes.