Welcome to Luminora AI ("Agency," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our artificial intelligence automation services, software, applications, and related technologies (collectively, the "Services") designed specifically for healthcare organizations, including but not limited to medical offices, dental clinics, and non-emergency medical transportation businesses.
By accessing or using our Services, you agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Our Agency provides AI-driven automation solutions specifically designed for healthcare organizations. Our Services are limited to:
-AI Consulting: Strategic guidance on implementing AI solutions within healthcare settings.
-Appointment Setter Development: Custom AI systems that automate patient scheduling and appointment management.
-Chatbot Development: Healthcare-specialized conversational interfaces for patient engagement and information.
-Voice Agent Development: AI-powered voice assistants for healthcare communications and workflows.
The specific Services to be provided will be detailed in a separate Service Agreement between your organization and our Agency.
Our Services are designed to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. We will enter into a Business Associate Agreement (BAA) with your organization as required by HIPAA.
We will process Protected Health Information (PHI) and other sensitive healthcare data only as necessary to provide the Services and as permitted by applicable law, our BAA, and these Terms.
We implement and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of PHI and other sensitive data processed through our Services. These measures include, but are not limited to:
-Encryption of data in transit and at rest
-Access controls and authentication measures
-Regular security assessments and penetration testing
-Staff training on security and privacy practices
-Incident response protocols
In the event of a security incident involving PHI or other sensitive data, we will notify you in accordance with the requirements of HIPAA and other applicable laws, as well as the provisions of our BAA.
You are responsible for providing accurate and complete information necessary for the provision of our Services. This includes patient information, scheduling requirements, communication preferences, and any other data needed for the proper functioning of our AI consulting, appointment setters, chatbots, and voice agents.
You are responsible for ensuring that only authorized personnel within your organization access our Services. You must maintain appropriate access controls, keep login credentials secure, and notify us immediately of any unauthorized access or security concerns.
You are responsible for ensuring your staff receives appropriate training on the use of our Services and for implementing our Services in accordance with our guidelines and recommendations.
You must use our Services in compliance with all applicable federal, state, and local laws and regulations, including but not limited to HIPAA, the Health Information Technology for Economic and Clinical Health (HITECH) Act, and state privacy laws.
We retain all right, title, and interest in and to our Services, including all related intellectual property rights. This includes our AI algorithms, software, applications, tools, interfaces, documentation, and any modifications or improvements to these elements.
You retain all rights to your data, including patient information and other healthcare data processed through our Services. You grant us a limited license to use this data solely as necessary to provide and improve our Services to you.
If you provide suggestions, ideas, or feedback about our Services, we may use these without restriction or compensation to you. However, we will not publicly disclose any of your confidential information in doing so.
Our Services are typically provided on a subscription basis, with fees determined by factors such as the size of your organization, the volume of data processed, and the specific Services selected.
Payment terms will be specified in your Service Agreement. Unless otherwise stated, invoices are due within thirty (30) days of issuance. Late payments may result in suspension of Services.
We reserve the right to modify our pricing with at least sixty (60) days' notice before the end of your current subscription term. Any price changes will become effective upon renewal of your subscription.
The initial term of our Service Agreement will be specified in that agreement. Unless otherwise stated, subscriptions will automatically renew for successive periods equal to the initial term unless either party provides written notice of non-renewal at least thirty (30) days before the end of the current term.
Either party may terminate the Service Agreement if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of receiving written notice.
Upon termination:
-We will cease providing Services to you
-You must pay all outstanding fees due through the effective date of termination
-We will return or destroy all PHI in accordance with our BAA
-At your request, we will provide a copy of your data in a standard, structured format, subject to reasonable technical limitations
We warrant that our Services will perform substantially in accordance with the specifications set forth in your Service Agreement during the term of that agreement.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
You acknowledge that our AI consulting services, appointment setters, chatbots, and voice agents, while designed to be accurate and reliable, are subject to limitations inherent in artificial intelligence and machine learning technologies. Our AI systems should be used as tools to support, not replace, professional healthcare judgment.
NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.
EXCEPT FOR LIABILITY ARISING FROM VIOLATIONS OF CONFIDENTIALITY OBLIGATIONS, INTELLECTUAL PROPERTY RIGHTS, OR INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.
The limitations of liability in this section will apply even if any limited remedy fails of its essential purpose.
We will defend, indemnify, and hold you harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from claims by third parties alleging that your use of our Services in accordance with these Terms infringes any intellectual property right of such third party.
You will defend, indemnify, and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (i) your use of our Services in violation of these Terms or applicable law; (ii) any patient care or healthcare decisions made using our Services; or (iii) your data, to the extent it infringes or violates the rights of any third party.
"Confidential Information" means all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential. Confidential Information includes, but is not limited to, business plans, technology information, financial information, patient data, and the terms of your Service Agreement.
Each party agrees to protect the other party's Confidential Information with at least the same degree of care as it uses to protect its own Confidential Information, but in no event less than reasonable care.
The confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was known to the receiving party prior to disclosure; (iii) is rightfully obtained by the receiving party from a third party without restriction; or (iv) is developed independently by the receiving party without use of the disclosing party's Confidential Information.
Our Services are designed to assist healthcare organizations in meeting their regulatory obligations. However, you remain ultimately responsible for ensuring your operations comply with all applicable healthcare laws and regulations.
Our AI consulting services, appointment setters, chatbots, and voice agents provide information and process data to support healthcare operations but do not provide medical advice or make clinical decisions. All clinical judgments and patient care decisions must be made by qualified healthcare professionals.
To the extent any of our Services may be subject to FDA regulation as a medical device, we will maintain appropriate registrations and clearances. You must use any such regulated Services only for their intended use as specified in applicable documentation and labeling.
We may modify these Terms from time to time. We will notify you of material changes at least thirty (30) days before they become effective. Your continued use of our Services after the effective date of the modified Terms constitutes your acceptance of those Terms.
Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, terrorism, riot, government actions, or Internet service provider failures.
You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
These Terms will be governed by and construed in accordance with the laws of [YOUR STATE/JURISDICTION], without regard to its conflict of laws principles.
Any dispute arising from these Terms will first be addressed through good faith negotiations. If the dispute cannot be resolved through negotiation, it will be submitted to binding arbitration in [YOUR CITY/STATE] in accordance with the rules of the American Arbitration Association.
If any provision of these Terms is held to be unenforceable, that provision will be modified to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
These Terms, together with your Service Agreement and BAA, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous oral or written agreements.
If you have any questions about these Terms, please contact us at:
Luminora AI [2332 Pio Pl] [Honolulu, Hawaii, 96819] [+1 (808) 498-7019] [adriancaddali208@gmail.com]
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.