Terms of Service

Acceptance of Terms

By accessing or using the SmartFlowCraft Health platform ('Platform'), you agree to be bound by these Terms of Service ('Terms'). If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

These Terms apply to all access and use of the Platform, including trial access, sandbox environments, and production deployments. If you do not agree to these Terms, do not access or use the Platform.

Platform Description

SmartFlowCraft Health is a workflow automation platform for healthcare organizations. The Platform deploys entirely within your cloud environment (AWS, Azure, or GCP). SmartFlowCraft provides workflow templates, a deployment engine, a control plane for billing and configuration, and ongoing platform updates.

The Platform is designed for use by authorized healthcare organizations and their employees. You are responsible for ensuring that use of the Platform complies with applicable law in your jurisdiction, including HIPAA and any state-level healthcare privacy laws.

HIPAA and PHI

The Platform is architected so that Protected Health Information (PHI) as defined by HIPAA does not transit or reside on SmartFlowCraft infrastructure. The workflow engine and all patient data processing occurs within your cloud environment under your existing Business Associate Agreement with your cloud provider.

SmartFlowCraft is not a Business Associate under HIPAA with respect to your use of the Platform, because PHI never reaches SmartFlowCraft infrastructure. You are responsible for executing and maintaining BAAs with your cloud provider(s) and any other downstream service that handles PHI.

Notwithstanding the architectural boundary, you agree not to configure or use the Platform in any way that transmits PHI to SmartFlowCraft's control plane. The Platform enforces this boundary technically, but ultimate responsibility for compliance lies with you.

Account and Access

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or suspected breach at security@smartflowcraft.com.

You may not share account credentials across organizations, resell access to the Platform, or provide access to any party that has not agreed to these Terms.

Deployment and Infrastructure

Platform deployment uses infrastructure-as-code (Terraform, Bicep, or Deployment Manager) to provision resources within your cloud account. You grant SmartFlowCraft permission to provision, configure, and update resources within the designated cloud account and region as part of the deployment.

You are responsible for the costs incurred in your cloud account as a result of running the Platform. SmartFlowCraft provides cost estimates and monitoring guidance, but does not control your cloud spend.

You retain ownership and control of all data, resources, and infrastructure within your cloud account. SmartFlowCraft does not retain a copy of your workflow data.

Fees and Payment

The Platform is billed as a one-time implementation fee plus a monthly platform fee, as set forth in your Order Form. Fees are due as specified in the Order Form. Past-due amounts accrue interest at 1.5% per month.

We reserve the right to suspend access to the control plane (which does not affect your deployed application) for non-payment after 30 days written notice. We will not remotely disable or destroy your deployed infrastructure for non-payment.

All fees are non-refundable except as expressly stated in the Order Form or as required by applicable law.

Intellectual Property

SmartFlowCraft retains all right, title, and interest in the Platform, workflow templates, deployment tooling, and all related intellectual property. Use of the Platform does not transfer any ownership rights to you.

You retain all right, title, and interest in your data, including workflow configurations specific to your organization, patient data, and any content you provide.

You grant SmartFlowCraft a limited license to use anonymized, aggregated workflow metadata for the purpose of operating, improving, and benchmarking the Platform.

Warranties and Disclaimers

SmartFlowCraft warrants that the Platform will perform materially in accordance with its documentation during your subscription term. Our sole obligation for breach of this warranty is to use commercially reasonable efforts to correct the non-conformity.

THE PLATFORM IS PROVIDED 'AS IS' TO THE EXTENT NOT COVERED BY THE ABOVE WARRANTY. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SmartFlowCraft does not warrant that the Platform will be uninterrupted or error-free, or that the Platform will meet any specific regulatory requirement. You are solely responsible for determining whether the Platform satisfies your compliance obligations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SMARTFLOWCRAFT'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Termination

Either party may terminate these Terms for material breach upon 30 days written notice if the breach is not cured within that period. Either party may terminate for convenience with 60 days written notice.

Upon termination, your access to the control plane will be suspended. Your deployed infrastructure in your cloud account will continue to operate; you are responsible for decommissioning it at your discretion.

Sections relating to IP, limitation of liability, indemnification, and governing law survive termination.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute shall be subject to binding arbitration under the AAA Commercial Arbitration Rules in Wilmington, Delaware, except that either party may seek injunctive relief in any court of competent jurisdiction.

Contact

For legal inquiries regarding these Terms: legal@smartflowcraft.com.

For security incidents: security@smartflowcraft.com.

SmartFlowCraft, Inc. — health.smartflowcraft.com