Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Fincura platform, including our website, software, APIs, and related services (collectively, the "Service") provided by Fincura Technologies, Inc. ("Fincura," "we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility and Account Registration

The Service is intended for use by licensed healthcare practices and their authorized personnel. By registering for an account, you represent that:

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

2. Description of Service

Fincura provides a financial operations platform for healthcare practices that automates insurance payment reconciliation, ERA 835 processing, EFT enrollment, payment posting to practice management systems, and bank deposit verification. The specific features available to you depend on your subscription plan.

3. Subscription and Fees

4. Acceptable Use

You agree not to:

5. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.

You retain ownership of all data you submit to the Service ("Customer Data"). You grant Fincura a limited license to use Customer Data solely to provide and improve the Service. We will not share Customer Data with third parties except as described in the Privacy Policy or as required by law.

6. HIPAA Compliance

To the extent that the Service involves the processing of Protected Health Information ("PHI") as defined by the Health Insurance Portability and Accountability Act ("HIPAA"), Fincura will enter into a Business Associate Agreement ("BAA") with you. The BAA governs our obligations regarding PHI and supplements these Terms.

7. Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, and other content, is the exclusive property of Fincura Technologies, Inc. and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose during the term of your subscription.

8. Third-Party Integrations

The Service may integrate with third-party systems, including practice management systems, bank accounts, clearinghouses, and payer portals. Fincura is not responsible for the availability, accuracy, or security of third-party services. Your use of third-party integrations is subject to their respective terms and policies.

9. Service Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance when possible. Support is provided in accordance with your subscription plan.

10. Limitation of Liability

To the maximum extent permitted by law, Fincura shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Service. Our total cumulative liability shall not exceed the fees you paid to Fincura in the twelve (12) months preceding the claim.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Indemnification

You agree to indemnify and hold harmless Fincura, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Boulder, Colorado, except that either party may seek injunctive relief in a court of competent jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or through the Service with at least 30 days' notice. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

16. Contact Us

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

Fincura Technologies, Inc.
1601 29th St.
Boulder, CO 80301
Email: contact@fincura.ai
Phone: (720) 599-4037

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