Skip to main content

Terms of Service

Effective Date: February 25, 2025

Welcome to Tahoma AI's platform and services. Please read these Terms of Service carefully, as they govern your use of our healthcare technology solutions and services.

Contact Information

If you have any questions, comments, or concerns regarding these Terms or our services, please contact us at:

Email: hello@tahoma.io

Agreement to Terms

These Terms of Service constitute a binding contract between you and Tahoma Incorporated ("Tahoma AI," "we," "us," or "our"). By accessing or using our platform, services, or website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS OUR SERVICES.

1. Definitions

  • "Client" means the healthcare organization, practice, provider, or entity that has purchased a license to use our Services.
  • "End Users" means Client's employees, contractors, and authorized representatives who access the Services on Client's behalf.
  • "Services" means Tahoma AI's healthcare technology platform, software applications, and related services.
  • "Client Data" means all data, information, and content that Client uploads, inputs, or otherwise provides to the Services.
  • "Protected Health Information" or "PHI" has the meaning set forth in HIPAA.
  • "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.
  • "Documentation" means the user guides, manuals, and technical documentation provided by Tahoma AI.

2. Service License and Access

2.1 License Grant.Subject to these Terms, Tahoma AI grants Client a non‑exclusive, non‑transferable, non‑sublicensable subscription license to access and use the Services during the subscription term for Client's internal healthcare operations.

2.2 End User Authorization. Client is responsible for ensuring that all End Users comply with these Terms. Client remains liable for all End User activities and any violations of these Terms.

2.3 Subscription Term. The Services are provided on a subscription basis for the term specified in your service agreement or order form.

3. Healthcare Compliance and HIPAA

3.1 HIPAA Compliance. Tahoma AI will maintain appropriate safeguards for PHI in accordance with HIPAA requirements. A separate Business Associate Agreement (BAA) will govern the handling of PHI.

3.2 Client Responsibilities. Client represents and warrants that:

  • It has obtained all necessary patient consents and authorizations.
  • Its use of the Services complies with all applicable healthcare laws and regulations.
  • It will provide required notices to patients regarding data collection and use.

3.3 Data Security. Tahoma AI implements administrative, technical, and physical safeguards designed to protect Client Data and PHI, including:

  • Encryption of data in transit and at rest.
  • Access controls and user authentication.
  • Regular security assessments and monitoring.
  • Employee training and confidentiality agreements.

4. Use Restrictions

Client and End Users may not:

  • Use the Services for any unlawful purpose or in violation of applicable laws.
  • Reverse engineer, decompile, or disassemble the Services.
  • Share login credentials or allow unauthorized access.
  • Use the Services to develop competing products or services.
  • Transmit malicious code, viruses, or harmful content.
  • Attempt to gain unauthorized access to our systems or networks.
  • Use automated tools to scrape or extract data from the Services.
  • Remove or alter proprietary notices or markings.
  • Use the Services in any manner that could harm patients or compromise care quality.

5. Data Ownership and Privacy

5.1 Client Data Ownership. Client retains all rights, title, and interest in Client Data. Client grants Tahoma AI a limited license to use Client Data solely to provide the Services.

5.2 Tahoma AI Ownership. Tahoma AI retains all rights to the Services, including software, algorithms, interfaces, and Documentation. Any improvements, enhancements, or derivative works remain the property of Tahoma AI.

5.3 Aggregated Data. Tahoma AI may create aggregated, de‑identified data from Client Data for research, analytics, and service improvement purposes, provided such data cannot be used to identify individuals or Client.

5.4 Data Retention and Return. Upon termination, Tahoma AI will make Client Data available for retrieval for sixty (60) days, after which it may be permanently deleted unless legally required to retain it.

6. Support and Maintenance

6.1 Technical Support. Tahoma AI will provide reasonable technical support via email during normal business hours.

6.2 System Maintenance. Tahoma AI may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without notice.

6.3 Updates and Modifications. Tahoma AI may update or modify the Services to improve functionality, security, or compliance with applicable laws.

7. Fees and Payment

7.1 Subscription Fees. Client agrees to pay all fees as specified in the applicable service agreement or order form.

7.2 Late Payment. Overdue amounts are subject to late charges of 1.5% per month or the maximum permitted by law, whichever is less.

7.3 Suspension for Non‑Payment. Tahoma AI may suspend access to the Services if payment is more than thirty (30) days overdue.

8. Representations and Warranties

8.1 Mutual Representations. Each party represents that it has the authority to enter into these Terms and that performance will not violate any existing agreements or applicable laws.

8.2 Client Warranties. Client warrants that:

  • It has the right to provide all Client Data to Tahoma AI.
  • Its use of the Services complies with all applicable healthcare laws.
  • It has obtained all necessary patient consents and authorizations.

8.3 Disclaimer.EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TAHOMA AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

9. Limitation of Liability

9.1 Limitation.TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAHOMA AI'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.2 Excluded Damages. IN NO EVENT SHALL TAHOMA AI BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA.

9.3 Healthcare Disclaimer. THE SERVICES ARE TOOLS TO ASSIST HEALTHCARE PROFESSIONALS AND DO NOT REPLACE CLINICAL JUDGMENT. TAHOMA AI IS NOT RESPONSIBLE FOR CLINICAL DECISIONS OR PATIENT OUTCOMES.

10. Indemnification

10.1 By Tahoma AI. Tahoma AI will defend and indemnify Client against third‑party claims that the Services infringe a U.S. patent, copyright, or trademark, subject to Client providing prompt notice and cooperation.

10.2 By Client. Client will defend and indemnify Tahoma AI against claims arising from:

  • Client's unauthorized use of the Services.
  • Client Data or Client's breach of these Terms.
  • Violation of applicable laws or regulations.

11. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information and use it solely for purposes authorized under these Terms. This obligation survives termination for five (5) years.

12. Termination

12.1 Term and Renewal.These Terms remain in effect during the subscription term and automatically renew unless either party provides ninety (90) days' written notice of non‑renewal.

12.2 Termination for Breach. Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within thirty (30) days of written notice.

12.3 Effect of Termination. Upon termination:

  • Client's access to the Services will cease.
  • Each party will return or destroy Confidential Information.
  • Client Data will be made available for retrieval as specified in Section 5.4.

13. General Provisions

13.1 Governing Law. These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

13.2 Dispute Resolution. Any disputes will be resolved through binding arbitration under the rules of the American Arbitration Association.

13.3 Force Majeure. Neither party will be liable for delays or failures due to circumstances beyond their reasonable control.

13.4 Severability. If any provision is found invalid, the remainder of these Terms will remain in effect.

13.5 Assignment.Client may not assign these Terms without Tahoma AI's written consent. Tahoma AI may assign these Terms to an affiliate or in connection with a merger or sale.

13.6 Entire Agreement. These Terms, together with the Privacy Policy and any applicable service agreements, constitute the entire agreement between the parties.

13.7 Amendments.Tahoma AI may modify these Terms by providing thirty (30) days' written notice. Continued use of the Services constitutes acceptance of modified Terms.

14. Compliance Certifications

Tahoma AI represents that it maintains compliance with applicable industry standards and regulations, including:

  • HIPAA and HITECH Act requirements
  • Other healthcare-specific compliance frameworks as applicable

Evidence of compliance certifications will be provided upon reasonable request.

Last Updated: February 25, 2025

For questions about these Terms of Service, please contact us at hello@tahoma.io