Terms of Service | Factumsoft™

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of Factum healthcare revenue cycle management and reimbursement recovery software, including related applications, websites, modules, and integrations (collectively, the “Software”).
The Software is developed and owned by Factumsoft Corp. (“Factumsoft,” “Factum,” “we,” “us,” or “our”). By accessing or using the Software, you agree to these Terms. If you use the Software on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
For information about how we handle personal data, please review our Privacy Policy.

2. Scope of Services

Factumsoft develops highly configurable, sovereign healthcare RCM software solutions for medical billing and healthcare reimbursement recovery.
The Factum Software includes Factum RCM for medical billing companies and Factum Recovery for healthcare reimbursement law firms. These solutions may be supported by Factum Core, Factum AI, Factum Join, and Factum Security.
Depending on the applicable agreement, the Software may be deployed on-premises, in an isolated cloud environment, or through another agreed deployment model.
These Terms apply to all use of the Software, including related modules, configurations, integrations, support services, updates, and enhancements provided by Factum.

3. Eligibility

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use the Software.
By using the Software, you represent that you meet these requirements and have the legal authority to accept these Terms.

4. Account Registration and Security

Certain features may require an account. You must provide accurate, current, and complete information and keep that information updated.
You are responsible for protecting your account credentials and for activity performed through your account. You must promptly notify Factum of any suspected unauthorized access or security incident involving your account.

5. User Responsibilities

You agree to use the Software in accordance with applicable laws, regulations, agreements, and professional obligations. You may not:

• •use the Software for unlawful, fraudulent, or unauthorized purposes,
• •access, use, copy, or disclose data without proper authorization,
• •interfere with the Software or bypass its security controls,
• •introduce malicious code or attempt unauthorized access,
• •reverse engineer, copy, reproduce, or misuse the Software, except where applicable law expressly permits it, or
• •use the Software in a way that infringes the rights of Factum or any third party.

You are responsible for the accuracy, legality, and permitted use of information entered into or processed through the Software.

6. Customer Content and Ownership

All documents, claims data, case data, patient information, billing information, and other content submitted to the Software by you or your organization (“Customer Content”) remain the property of you or your organization.
You grant Factum a limited, non-exclusive right to process Customer Content only as reasonably necessary to provide, maintain, secure, support, or improve the Software and as permitted by the applicable agreement.
Factum does not claim ownership of Customer Content. For customer-controlled or on-premises deployments, Factum may not access Customer Content unless authorized or required to provide support or other agreed services.

7. Factum Intellectual Property

Factumsoft retains all rights, title, and interest in the Software and its underlying technology, including its code, architecture, designs, workflows, algorithms, interfaces, documentation, and proprietary platform layers.
Except for the limited rights expressly granted under an applicable agreement, you may not copy, modify, distribute, sell, sublicense, or create derivative works from the Software without Factumsoft’s prior written consent.

8. Fees, Billing, and Subscriptions

Fees and payment terms are set out in the applicable order form, license agreement, subscription agreement, statement of work, or other commercial agreement.
You agree to pay all applicable fees when due. Failure to make payment may result in the suspension or termination of access to the Software.
Fees are non-refundable except as stated in the applicable agreement or required by law.

9. Trial Accounts

Factum may offer trial, demonstration, pilot, or evaluation access with limited features, users, data capacity, or duration.
Factum may modify or discontinue trial access at any time, subject to any applicable written agreement.
Trial versions may not be used for production purposes unless Factum provides written authorization.

10. Security, Compliance, and Audit Trails

Factum uses reasonable technical, administrative, and organizational safeguards designed to protect the Software and Customer Content.
The Software may include access controls, activity logs, workflow histories, audit records, and other security or accountability features. Available features may vary by solution, configuration, and deployment model.
Each customer is responsible for configuring and using the Software in accordance with its legal, regulatory, contractual, and security obligations.
Where required, obligations concerning protected health information or other regulated data must be addressed in a separate Business Associate Agreement, Data Processing Agreement, or other applicable written agreement. No system or security measure can guarantee complete protection against every threat or unauthorized access.

11. Third-Party Integrations

The Software may connect with third-party systems, applications, or services.
Your use of third-party services may be governed by separate terms and privacy policies. Factum is not responsible for third-party services, content, availability, security, or actions outside Factum’s reasonable control.
You are responsible for authorizing and properly configuring third-party integrations.

12. Termination and Suspension

Factum may suspend or terminate access to the Software for material violations of these Terms, non-payment, security risks, unlawful activity, or as otherwise permitted under the applicable agreement.
You may terminate your use of the Software in accordance with the applicable agreement.
After termination, access to Customer Content may be restricted or discontinued. Data retrieval, return, deletion, and retention will be handled according to the applicable agreement, deployment model, and legal requirements.

13. Disclaimers

Except as expressly stated in an applicable written agreement, the Software is provided “as is” and “as available.”
To the maximum extent permitted by law, Factum disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Factum does not guarantee that the Software will operate without interruption or error. The Software does not replace professional legal, medical, compliance, accounting, or billing judgment.
Users are responsible for reviewing and validating Software outputs, including outputs generated or assisted by artificial intelligence.

14. Limitation of Liability

To the maximum extent permitted by law, Factum will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill.
Except where an applicable agreement states otherwise, Factum’s total liability arising from or related to the Software will not exceed the fees paid or payable for the Software during the 12 months preceding the event giving rise to the claim.
These limitations do not apply where liability cannot legally be limited or excluded.

15. Indemnification

You agree to indemnify and hold harmless Factumsoft, its affiliates, officers, employees, and representatives from third-party claims, damages, liabilities, and reasonable expenses arising from:

• •your unlawful or unauthorized use of the Software,
• •your violation of these Terms,
• •Customer Content provided by you,
• •your infringement of third-party rights, or
• •your failure to comply with applicable legal or regulatory obligations.

This section is subject to any different indemnification terms contained in an applicable written agreement.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of [Insert Jurisdiction], without regard to conflict-of-law principles.
Any dispute arising from these Terms or the Software will be resolved in the courts located in [Insert Jurisdiction], unless an applicable written agreement or mandatory law provides otherwise.

17. Changes to Terms

Factum may update these Terms from time to time.
When required, Factum will provide notice of material changes through the Software, by email, or through its website. The updated Terms will take effect on the date stated in the notice or published version.
Your continued use of the Software after the effective date constitutes acceptance of the updated Terms, to the extent permitted by law.

18. Contact Information

For questions or concerns regarding these Terms, privacy, security, or compliance, contact Factumsoft Corp. at privacy@factumsoft.com.