Terms & Conditions

FabrixMed Terms of Service

Effective Date: January 1, 2025

These Terms apply to FabrixMed Systems LLC ("FabrixMed", "we", "us", or "our") and the FabrixMed websites, applications, APIs, dashboards, and healthcare workflow products, including ConsultBridge, CareScreen, ClinixBox, HCN, and related services. LuxeMed is a future product and is covered by these Terms only when FabrixMed makes it available or references these Terms for that product.

If you use FabrixMed for an organization, you confirm that you are authorized to accept these Terms for that organization. If a signed agreement, order form, business associate agreement ("BAA"), or product-specific term conflicts with these Terms, the more specific signed document controls for that conflict.

1. What FabrixMed Provides

FabrixMed provides healthcare technology infrastructure for provider-to-specialist workflows, care screening, virtual clinic deployment, provider network operations, scheduling, video-enabled care, diagnostic review, authorization support, and related care coordination.

FabrixMed is a technology provider. Unless a signed agreement says otherwise, FabrixMed does not provide medical care, employ or supervise clinicians, operate as an insurer, replace an electronic health record, or make clinical decisions. Licensed healthcare professionals and their organizations remain responsible for patient care, diagnosis, treatment, documentation, follow-up, referrals, prescriptions, licensure, and professional obligations.

2. Emergency Use

FabrixMed services are not an emergency medical system. Do not use FabrixMed to seek emergency care, report a life-threatening condition, or replace local emergency protocols. If there is an emergency, call 911 or the applicable emergency number immediately.

3. Accounts and Authorized Users

You must provide accurate account information, keep credentials secure, and use only accounts assigned to you. Organizations are responsible for managing their users, roles, permissions, offboarding, and access to patient or provider information.

You may not share credentials, bypass access controls, impersonate another person, misrepresent credentials, or use FabrixMed outside your authorized role.

4. Healthcare, HIPAA, and PHI

FabrixMed may create, receive, maintain, or transmit protected health information ("PHI") for covered entities or business associates. When HIPAA applies, FabrixMed acts as a business associate unless a different role is stated in a signed agreement. A BAA must be in place before production PHI is submitted to FabrixMed.

Customers and users must use the minimum necessary information, obtain required patient consents and authorizations, follow applicable privacy and telehealth laws, and avoid putting PHI into public forms, sales messages, support channels, or other areas not intended for PHI.

Our HIPAA Notice and PHI Safeguards Policy, Privacy Policy, product terms, BAAs, and security commitments are incorporated into these Terms by reference.

5. Clinical and Provider Responsibilities

Providers and healthcare organizations are responsible for:

• verifying patient identity and eligibility;
• maintaining required licenses, credentials, malpractice coverage, and supervision;
• complying with telehealth, prescribing, referral, and medical record rules;
• reviewing screening results, specialist input, device data, images, labs, and consult notes before acting on them;
• documenting care in the appropriate medical record;
• communicating urgent or clinically significant findings using appropriate clinical channels.

FabrixMed may assist with routing, workflow, automation, records exchange, or network access, but those tools do not replace professional judgment.

6. Payments and Third-Party Services

Some FabrixMed services may support billing, payment collection, remittance, or payment status workflows. Payment terms may be set in an order form, provider agreement, patient checkout flow, or other applicable policy. FabrixMed may use third-party payment processors and is not responsible for their independent services except as required by law or a signed agreement.

FabrixMed may integrate with third-party services such as video infrastructure, cloud hosting, EHR systems, medical devices, identity providers, analytics tools, communications providers, payment processors, or customer support systems. Use of those services may be subject to their own terms. Customers remain responsible for confirming that third-party integrations are appropriate for their regulatory, clinical, and security requirements.

7. Acceptable Use

You must use FabrixMed only for lawful, authorized, professional, and clinically appropriate purposes. You may not use FabrixMed to attack systems, scrape data, send spam, submit false or misleading clinical or credentialing information, provide care without required licensure, misuse PHI, or interfere with another user's access. Our Acceptable Use Policy is incorporated into these Terms.

8. Data, Content, and Feedback

Customers and users retain their rights in the information they submit. You grant FabrixMed the rights needed to operate, secure, support, improve, and provide the services, subject to the Privacy Policy, HIPAA Notice, BAA, and any signed agreement.

Feedback or suggestions may be used by FabrixMed without obligation to you, as long as we do not use PHI or confidential customer information in violation of our agreements.

9. Intellectual Property

FabrixMed owns its software, workflows, designs, documentation, trademarks, trade dress, APIs, dashboards, and related intellectual property. You receive a limited, non-exclusive, non-transferable right to use the services for your authorized purpose during the term of your access. You may not copy, resell, reverse engineer, frame, scrape, or create derivative works from the services except as allowed in writing.

10. Suspension and Termination

We may suspend or terminate access if we reasonably believe use of the services creates a security, privacy, legal, payment, patient safety, credentialing, or operational risk; violates these Terms; violates a signed agreement; or is required by law. When practical, we will provide notice and a chance to cure, but urgent risks may require immediate action.

11. Disclaimers

The services are provided "as is" and "as available" except as expressly stated in a signed agreement. FabrixMed does not guarantee uninterrupted access, specific clinical outcomes, reimbursement, network participation, specialist availability, screening completion rates, authorization outcomes, or payer acceptance.

12. Limitation of Liability

To the maximum extent permitted by law, FabrixMed will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, clinical outcomes, or claims arising from a provider's medical judgment. FabrixMed's total liability for claims relating to the services is limited to the amounts paid to FabrixMed for the affected service during the twelve months before the event giving rise to the claim, unless a signed agreement states a different limit or applicable law requires otherwise.

13. Indemnity

You agree to defend, indemnify, and hold harmless FabrixMed Systems LLC and its officers, employees, contractors, and affiliates from claims arising from your misuse of the services, breach of these Terms, violation of law, clinical services, credentialing misrepresentations, patient consent failures, or unauthorized use or disclosure of data.

14. Changes

We may update these Terms as our services, laws, or operational needs change. Material changes will be posted or communicated through reasonable channels. Continued use after the effective date means you accept the updated Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules. Unless a signed agreement says otherwise, disputes will be resolved by binding arbitration in Austin, Texas, except that either party may seek injunctive relief for misuse of intellectual property, confidential information, systems, or PHI.

16. Contact

Questions about these Terms can be sent to [email protected].