The Service is intended for licensed healthcare providers, healthcare organizations, and their authorized representatives. By registering, you represent that:
Solo and Corp Pro subscriptions include a 14-day free trial. A valid payment method is required at checkout. Unless canceled before the trial ends, the selected monthly or annual subscription automatically begins and renews at the interval shown during checkout.
The FIRST10 pilot promotional code provides 45 days of Enterprise-tier access and automatically converts to Corp Pro tier thereafter unless you cancel before the conversion date. Pilot terms are subject to these Terms of Service.
Subject to your compliance with these Terms and timely payment of fees, WISeRly grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term.
You agree not to:
If Customer is a Covered Entity or Business Associate under HIPAA, the parties shall execute the WISeRly BAA before any PHI is submitted to the Service. The BAA is incorporated by reference into these Terms. In the event of conflict between the BAA and these Terms with respect to PHI, the BAA controls.
Clinical submission and real PHI intake are currently disabled behind a server-side release gate. Registration, payment, acceptance of these Terms, or selection of a BAA checkbox does not execute a BAA or activate PHI intake.
Customer retains all right, title, and interest in Customer Data, including PHI. WISeRly does not claim ownership of Customer Data.
Customer grants WISeRly a limited license to use Customer Data solely to provide, maintain, and improve the Service. Clinical submission and PHI analytics are not active while the PHI gate is closed. Any future de-identification or analytics involving PHI must be permitted by the executed BAA and satisfy 45 CFR §164.514.
Upon termination, Customer may request available exports. Deletion requests are handled according to current operational capability, applicable law, the Privacy Policy, and any executed BAA, subject to billing, security, dispute, and legal-hold retention requirements.
The Service, including all software, algorithms, models, content, designs, and documentation, is owned by WISeRly and protected by intellectual property laws. No rights are granted except as expressly stated in these Terms.
Each party agrees to protect the other's Confidential Information using the same degree of care it uses for its own confidential information, and not less than reasonable care. Confidential Information includes pricing, product roadmaps, technical architecture, customer lists, and any non-public information marked or reasonably understood as confidential.
No uptime percentage or service credit applies unless expressly stated in an executed Order Form. Public pricing or marketing content does not create an SLA.
WISeRly is independent, not affiliated with or endorsed by CMS, and not an official WISeR participant. Its output is a preparation result, not an official authorization, coverage, coding, payment, affirmation, or non-affirmation determination. Current clinical workflows permit synthetic demonstration data only; users must not submit PHI while the release gate is closed.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISERLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WISERLY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR GUARANTEE PRIOR AUTHORIZATION APPROVAL, COVERAGE, PAYMENT, CODING CORRECTNESS, REGULATORY COMPLIANCE, DENIAL REDUCTION, PROCESSING TIME, OR FINANCIAL OUTCOMES. NO BETA-CUSTOMER PERFORMANCE STATISTICS ARE INCORPORATED INTO THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
By Customer: Customer shall indemnify WISeRly against claims arising from (a) Customer's breach of these Terms or applicable law, (b) Customer's submission of data without proper authority or consent, (c) Customer's clinical decisions, and (d) infringement claims based on Customer Data.
By WISeRly: WISeRly shall indemnify Customer against third-party claims that the Service infringes a US patent, copyright, or trademark, subject to standard IP indemnification procedures and exclusions.
These Terms remain in effect during the subscription term. Either party may terminate for material breach upon 30 days written notice if the breach is not cured. WISeRly may suspend the Service immediately for non-payment, security violations, or violations of Section 4.2.
These Terms are governed by the laws of the State of Colorado, excluding conflict-of-laws principles. Any dispute-resolution procedure will be determined by applicable law and any separate written agreement between WISeRly and the Customer. Either party may seek appropriate injunctive relief for intellectual property, confidentiality, privacy, or security matters.
Neither party is liable for delays or failures due to causes beyond reasonable control, including acts of God, war, terrorism, pandemics, governmental actions, internet/telecommunications failures, or third-party cloud provider outages.
WISeRly may modify these Terms with 30 days notice for material changes. Continued use after the effective date constitutes acceptance. If you do not agree to changes, you may terminate before the effective date.
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Customer Support: support@wiserly.com
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