These Terms of Service (the “Terms”) are a binding agreement between Beija, Inc. (“Beija,” “we,” “us,” or “our”) and the organization that registers for, accesses, or uses the Beija platform and related services (the “Customer,” “you,” or “your”). By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
1. The Service
Beija provides AI agents and supporting software that automate prior authorization, benefits investigation, and related revenue-cycle workflows inside or alongside the electronic health record (“EHR”) systems you use (collectively, the “Service”). We may update, enhance, or modify the Service from time to time.
2. Eligibility and Accounts
The Service is offered solely for business and professional use by healthcare organizations and their authorized personnel. You are responsible for maintaining the confidentiality of account credentials, for all activity under your accounts, and for ensuring that each user is authorized and complies with these Terms. Notify us promptly of any unauthorized access at security@beija.ai.
3. Protected Health Information and the BAA
To the extent Beija creates, receives, maintains, or transmits Protected Health Information (“PHI”) on your behalf, Beija acts as a “business associate” and you act as a “covered entity” or business associate, as those terms are defined under HIPAA. Our handling of PHI is governed by a separate Business Associate Agreement (“BAA”), which is incorporated into these Terms by reference. In the event of a conflict between the BAA and these Terms with respect to PHI, the BAA controls. See also our HIPAA Compliance Statement.
4. Customer Responsibilities
- Use the Service only for lawful purposes and in compliance with all applicable laws, payer rules, and professional obligations.
- Obtain and maintain all patient authorizations, consents, and notices required for the data you submit to the Service.
- Maintain the accuracy of data you provide and review outputs before relying on them.
- Implement reasonable safeguards on your own systems, credentials, and EHR connections.
5. AI Outputs — Decision Support, Not a Guarantee
The Service uses automated and AI-assisted processing. Outputs are intended as administrative decision-support to assist your trained personnel. They are not medical, clinical, legal, coding, or billing advice, and Beija does not guarantee that any prior authorization will be approved, that any benefit determination is final, or that any output is error-free. You are solely responsible for all clinical, coding, billing, and submission decisions and for human review of outputs prior to use.
6. Fees and Payment
Fees are set out in the applicable order form or subscription plan. Unless stated otherwise, fees are billed in advance, are non-refundable except as required by law, and are exclusive of taxes. Subscriptions renew for successive terms unless either party provides notice of non-renewal before the end of the then-current term. We may suspend the Service for non-payment after reasonable notice.
7. Intellectual Property
Beija and its licensors retain all right, title, and interest in and to the Service, including all software, models, and documentation. You retain all right, title, and interest in data you submit (“Customer Data”). You grant Beija a limited license to use Customer Data solely to provide, secure, and improve the Service, subject to the BAA with respect to PHI. We may create and use de-identified and aggregated data (which is not PHI and does not identify you, your personnel, or any individual) for analytics, benchmarking, and improving the Service. If you provide feedback, you grant us a perpetual, royalty-free license to use it.
8. Confidentiality
Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms and will protect it with at least the same care it uses for its own confidential information. This section does not limit obligations under the BAA.
9. Warranties and Disclaimers
We will provide the Service with reasonable skill and care. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO BEIJA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO A PARTY’S OBLIGATIONS UNDER THE BAA TO THE EXTENT THE LAW PROHIBITS SUCH LIMITS.
11. Indemnification
Each party will defend and indemnify the other against third-party claims arising from its breach of these Terms or its violation of applicable law, subject to prompt notice, reasonable cooperation, and sole control of the defense by the indemnifying party.
12. Term, Termination, and Suspension
These Terms remain in effect while you use the Service. Either party may terminate for the other’s material breach that remains uncured 30 days after written notice. We may suspend access where necessary to protect the Service, other customers, or PHI. Upon termination, your right to use the Service ends and PHI is handled as set out in the BAA.
13. Compliance with Laws
Each party will comply with all laws applicable to its performance, including HIPAA, applicable state privacy and health-data laws, and export and anti-corruption laws.
14. Changes to the Service or Terms
We may modify these Terms by posting an updated version and revising the “Last updated” date. Material changes will be communicated through the Service or by email. Continued use after changes take effect constitutes acceptance.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties will attempt in good faith to resolve disputes informally before pursuing other remedies. Venue for any dispute lies in the state and federal courts located in Delaware, unless otherwise agreed in a signed order form.
16. Miscellaneous
These Terms, together with the BAA and any order form, are the entire agreement between the parties. If any provision is held unenforceable, the remainder stays in effect. Neither party may assign these Terms without the other’s consent, except in connection with a merger or sale of substantially all assets. No party is liable for delays caused by events beyond its reasonable control.
17. Contact
Beija, Inc. · legal@beija.ai