Terms of Service

These Terms of Service (the “Terms”) govern access to and use of the CareIQ platform, websites, mobile and web applications, and related services (collectively, the “Services”) provided by BlueMint IQ, Inc. (“CareIQ,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a healthcare organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

1. The Services

CareIQ provides software that helps healthcare organizations operate care-management programs — including remote therapeutic monitoring (RTM), chronic care management (CCM), remote patient monitoring (RPM), and general wellness programs — along with patient engagement, communication, documentation, and billing support tools. Specific features available to you depend on the modules and programs your healthcare organization has activated under its agreement with us.

2. Relationship to Your Healthcare Provider

If you are a patient, the Services are made available to you by or on behalf of your healthcare provider. Your provider — not CareIQ — is responsible for your medical care, for the clinical content of your care plan, and for decisions about your treatment. Information you submit through the Services (such as device readings, symptom check-ins, and messages) is shared with your care team. Use of the Services does not create a provider–patient relationship between you and CareIQ.

3. Protected Health Information and HIPAA

CareIQ processes protected health information (“PHI”) as a business associate of participating healthcare organizations under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, “HIPAA”). Our handling of PHI is governed by the business associate agreements (“BAAs”) we execute with covered entities, and by HIPAA itself. Where these Terms conflict with an applicable BAA with respect to PHI, the BAA controls. Healthcare organizations may request a BAA at [email protected].

4. Accounts and Eligibility

• You must provide accurate, current, and complete registration information and keep it up to date.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any suspected unauthorized use.
• Staff accounts must be used only by the individual to whom they are issued; credential sharing is prohibited.
• The Services are not directed to children under 13, and patient accounts for minors may be established only by or with the consent of a parent, guardian, or authorized representative in accordance with applicable law and your provider's policies.

5. Provider Organization Responsibilities

Healthcare organizations using the Services are responsible for:

• Obtaining all patient consents and authorizations required to enroll patients in care-management programs (including CMS-required consents for CCM and similar programs) and to communicate with patients through the Services;
• Ensuring their use of the Services — including billing submissions informed by data in the platform — complies with applicable law, payer rules, and coding requirements. CareIQ surfaces program data to support billing workflows but does not guarantee reimbursement and is not responsible for claims you submit;
• Assigning appropriate roles and access levels to their staff and deactivating users promptly when access should end;
• The accuracy of clinical content, care plans, and instructions they deliver through the Services.

6. AI-Assisted Features

The Services include artificial-intelligence features that may summarize records, draft documentation, surface insights, or answer questions. AI-assisted outputs are provided to support — never replace — professional judgment:

• AI outputs intended for clinical workflows are presented to licensed professionals for review and are not a substitute for a clinician's independent evaluation.
• Patient-facing AI features provide general educational support only. They do not diagnose conditions, prescribe treatment, or provide medical advice, and they are designed to direct patients to their care team or emergency services when appropriate.
• AI capabilities may change over time as the platform evolves.

7. Text Messages and Communications

The Services can send care-related text (SMS) messages, push notifications, and emails on behalf of healthcare organizations. SMS messaging is governed by our SMS Consent Terms, which are incorporated into these Terms. Message frequency varies, message and data rates may apply, and you can opt out of SMS at any time by replying STOP. Consent to receive text messages is not a condition of receiving care or using the Services.

8. Acceptable Use

You agree not to:

• Use the Services in violation of law, including HIPAA, the TCPA, or applicable privacy and security regulations;
• Access PHI or other data you are not authorized to access, or attempt to circumvent access controls or audit mechanisms;
• Upload malicious code, interfere with the operation of the Services, or probe, scan, or test their vulnerability without written authorization;
• Reverse engineer, copy, resell, or create derivative works of the Services except as permitted by law or written agreement;
• Use the Services to send unsolicited communications, or submit content that is unlawful, harassing, or infringing.

9. Fees

Fees for healthcare organizations are set out in the applicable order form, subscription agreement, or module contract between the organization and CareIQ. Patient use of the patient-facing applications is provided at no charge by CareIQ; your provider and your insurance coverage determine any costs associated with the underlying care programs (for example, cost-sharing for CCM services billed to Medicare).

10. Intellectual Property

The Services, including all software, designs, text, and trademarks, are owned by BlueMint IQ, Inc. or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services as permitted by these Terms and any applicable agreement. You retain all rights to the data you or your organization submit to the Services; you grant us the license needed to operate, secure, and improve the Services consistent with our Privacy Policy, applicable BAAs, and law.

11. Third-Party Services and Devices

The Services may interoperate with third-party devices (such as blood-pressure monitors or glucometers), networks, and services we do not control. We are not responsible for the accuracy of readings produced by third-party devices or for the availability of third-party services, carriers, or networks.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAREIQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CAREIQ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DATA (INCLUDING DEVICE READINGS) WILL BE ACCURATE OR COMPLETE, OR THAT ANY PARTICULAR CLINICAL OR FINANCIAL OUTCOME WILL BE ACHIEVED. THE SERVICES ARE NOT INTENDED FOR USE IN EMERGENCIES OR FOR REAL-TIME CLINICAL ALARMS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAREIQ AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES, AND OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOUR ORGANIZATION TO CAREIQ FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND NOTHING IN THESE TERMS AFFECTS THE RESPONSIBILITIES OF YOUR HEALTHCARE PROVIDER FOR YOUR MEDICAL CARE.

14. Indemnification

Healthcare organizations will defend and indemnify CareIQ against third-party claims arising from their (or their users') use of the Services in violation of these Terms or applicable law, including claims arising from billing submissions, patient communications they direct, or failure to obtain required consents.

15. Termination

We may suspend or terminate access to the Services for material breach of these Terms, where required by law, or to address a security risk. Healthcare organizations' termination rights and data-return obligations are set out in their agreements with us and applicable BAAs. Upon termination, provisions that by their nature should survive (including Sections 3, 10, 12, 13, 14, and 16) will survive.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except where applicable healthcare law mandates otherwise. The exclusive venue for disputes arising out of these Terms is the state or federal courts located in Delaware, and the parties consent to personal jurisdiction there.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Services or by other reasonable means before the changes take effect. Continued use of the Services after the effective date of revised Terms constitutes acceptance of them.

18. Contact

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