Terms of Service - 1st Caliber MD

1. Service Description

1st Caliber MD provides an AI-powered clinical documentation appliance for independent medical practices. The service includes on-site installation of a hardware device, software for generating prior authorization letters, denial appeal letters, and referral letters, staff training, and ongoing remote support.

The software runs entirely on hardware installed at the customer's premises. No protected health information (PHI) is transmitted to 1st Caliber MD or any third party as part of normal product operation.

2. Subscription Terms

Services are provided on a monthly subscription basis. Subscriptions begin on the date of hardware installation and initial setup. Billing occurs monthly in advance on the same calendar date each month.

Current subscription tiers are:

Solo Practice: Up to 3 physicians - $800/month
Group Practice: 4-10 physicians - $1,500/month

Pricing is subject to change with 60 days written notice. Price changes will not take effect for current subscribers until the notice period has elapsed.

3. Setup Fee

A one-time setup fee is charged at the time of service initiation. This fee covers hardware provisioning, on-site installation, configuration, and initial staff training. The setup fee is non-refundable under all circumstances, including early termination of the subscription.

Setup fees by tier:

Solo Practice: $2,500
Group Practice: $4,000

4. Cancellation Policy

Either party may cancel the subscription by providing 30 days written notice via email to the other party. Written notice must be sent to the email address on file for your account. Verbal cancellation requests are not accepted.

Upon cancellation:

Service continues through the end of the current billing period
No partial-month refunds are issued
The hardware device must be returned within 14 days of service termination in the condition it was received, reasonable wear and tear excepted
Failure to return hardware may result in a replacement charge

5. Payment Terms

Invoices are due upon receipt. Accounts more than 15 days past due may result in suspension of service. Accounts more than 30 days past due may result in termination. 1st Caliber MD reserves the right to charge a late fee of 1.5% per month on overdue balances.

Accepted payment methods are specified in your service agreement. We currently accept ACH bank transfer and major credit cards.

6. No Guarantee of Clinical Outcomes

1st Caliber MD does not guarantee any specific prior authorization approval rates, denial appeal success rates, or revenue outcomes. The software generates documentation drafts intended to assist your staff; final clinical and administrative decisions remain solely with the physician and practice. Prior authorization and appeal outcomes depend on many factors outside our control, including individual payer policies, clinical documentation, and regulatory requirements.

7. Customer Responsibility for Clinical Accuracy

The customer is solely responsible for reviewing all documents generated by the software before submission to any payer, insurer, or referring provider. The software produces drafts based on information entered by your staff. It is the physician's and practice's responsibility to ensure that all submitted information is clinically accurate, complete, and compliant with applicable regulations and payer requirements.

1st Caliber MD is not a covered entity or business associate under HIPAA for the purpose of the software product, as no PHI is transmitted to or stored by 1st Caliber MD. Customers remain responsible for their own HIPAA compliance obligations.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1ST CALIBER MD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL 1ST CALIBER MD'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO 1ST CALIBER MD IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 1ST CALIBER MD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Intellectual Property

All software, hardware configurations, prompts, and related intellectual property used to deliver the service are and remain the exclusive property of 1st Caliber MD. Your subscription grants you a non-exclusive, non-transferable license to use the service during the subscription term. You may not reverse engineer, copy, or redistribute any component of the service.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Jackson County, Oregon for resolution of any disputes.

12. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the service, the parties agree to first attempt to resolve the dispute informally by contacting 1st Caliber MD at ben@1stcaliber.com. If the dispute is not resolved within 30 days, either party may pursue formal legal remedies in the courts specified in Section 11.

13. Modifications to Terms

1st Caliber MD reserves the right to modify these Terms at any time. We will provide at least 30 days notice of material changes via email to the address on file. Continued use of the service after the effective date of changes constitutes acceptance of the revised Terms.

14. Entire Agreement

These Terms of Service, together with any signed service agreement, constitute the entire agreement between you and 1st Caliber MD regarding the service and supersede all prior negotiations, representations, or agreements.

15. Contact

For questions about these Terms of Service, contact:
1st Caliber MD
Email: ben@1stcaliber.com