Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Attunement Redaction Assistant (the “Service”), provided by Attunement, Inc. (“Attunement,” “we,” “our,” or “us”).

By creating an account, accepting these Terms, or accessing or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, “you” includes that organization.

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement.

If you access or use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. The Service

The Service is an automated document-review tool designed to assist users in identifying and masking information that may constitute personally identifiable information, protected health information, or other sensitive information within uploaded documents.

The Service is intended to assist human review. It does not replace professional judgment, legal review, privacy review, or compliance review.

Attunement may modify, update, restrict, suspend, or discontinue all or any portion of the Service at any time, subject to applicable law.

3. Free Service

The Service is currently provided without charge.

Attunement may impose usage or storage limits, modify functionality, introduce paid functionality, or discontinue the Service at any time.

You acknowledge that the Service may occasionally be unavailable, interrupted, delayed, or changed.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.

You must provide accurate information when creating or maintaining an account.

You agree to notify Attunement promptly if you know or reasonably suspect that your account or credentials have been accessed or used without authorization.

5. Customer Content

You retain all ownership rights you have in documents, files, information, and other content submitted to the Service (“Customer Content”).

You grant Attunement a limited, non-exclusive license to host, receive, reproduce, process, store, transmit, and otherwise use Customer Content solely as reasonably necessary to provide, maintain, secure, troubleshoot, and support the Service; comply with applicable law; and enforce these Terms.

This license does not authorize Attunement to use Customer Content to train or fine-tune generalized machine-learning or artificial-intelligence models.

You represent and warrant that you have all rights, permissions, and authority necessary to submit Customer Content to the Service and permit Attunement to process it as contemplated by these Terms.

6. Protected Health Information

You may submit Protected Health Information (“PHI”) to the Service only if:

• you are using the Service on behalf of a HIPAA Covered Entity or Business Associate;
• you are authorized to submit the PHI for processing; and
• a Business Associate Agreement (“BAA”) between Attunement and the applicable organization is in effect before PHI is submitted.

Acceptance of these Terms alone does not constitute execution of a BAA.

Where an applicable BAA is in effect, Attunement will handle PHI in accordance with that BAA and applicable law. If these Terms conflict with the BAA regarding the use or disclosure of PHI, the BAA controls to the extent of that conflict.

You are responsible for determining whether you are permitted to submit particular information to the Service and whether any additional authorization, consent, agreement, or legal requirement applies to your use of that information.

7. Automated Detection and Human Review

The Service uses automated techniques to identify information that may require redaction.

Automated detection is not perfect. The Service may produce false positives, false negatives, incomplete redactions, or other errors.

Attunement does not guarantee that the Service will identify or remove every identifier or every item of sensitive information.

You are responsible for reviewing both detected information and resulting documents before relying upon, sharing, publishing, transmitting, or otherwise disclosing them.

You should not rely on the Service as the sole means of determining whether information has been successfully redacted or may lawfully be disclosed.

8. No De-Identification Certification

Use of the Service does not constitute a determination, certification, representation, or warranty by Attunement that any document:

• has been fully de-identified or anonymized;
• satisfies the HIPAA de-identification requirements;
• satisfies the HIPAA Safe Harbor method;
• satisfies an Expert Determination standard; or
• complies with any other privacy, confidentiality, or data-protection requirement.

You remain responsible for determining whether a processed document may lawfully be used or disclosed for your intended purpose.

9. No Professional Advice

The Service does not provide legal, compliance, medical, privacy, or other professional advice.

Attunement does not determine whether your use of the Service, submission of Customer Content, or subsequent use or disclosure of a processed document complies with HIPAA or any other applicable law.

10. Artificial Intelligence and Data Use

Attunement does not use Customer Content or PHI to train or fine-tune generalized machine-learning or artificial-intelligence models.

Attunement does not sell Customer Content or PHI.

Attunement does not use Customer Content or PHI for advertising or marketing.

Attunement may use information that does not identify you or any individual, and that does not constitute PHI, to understand and improve the operation, security, reliability, and performance of the Service.

11. Acceptable Use

You may not:

• use the Service in violation of applicable law or another person’s rights;
• submit documents or information you do not have the right or authority to submit;
• use the Service to facilitate unlawful disclosure of confidential or sensitive information;
• interfere with, disrupt, damage, or compromise the Service or its systems;
• attempt to gain unauthorized access to accounts, systems, networks, or data;
• bypass usage, security, authentication, or access controls;
• introduce malware or other harmful code;
• use automated means to access the Service in a manner not authorized by Attunement; or
• reverse engineer, reproduce, copy, or exploit the Service except to the extent such restriction is prohibited by applicable law.

12. Intellectual Property

The Service, including its software, interfaces, design, documentation, branding, and underlying technology, is owned by Attunement or its licensors and is protected by applicable intellectual-property laws.

Except for the limited right to use the Service in accordance with these Terms, no rights in the Service are granted to you.

Nothing in these Terms affects your ownership of Customer Content.

13. Suspension and Termination

You may stop using the Service at any time.

Attunement may restrict, suspend, or terminate your access to the Service if we reasonably believe that:

• you have violated these Terms;
• your use creates a security, privacy, legal, or operational risk;
• your use could harm Attunement, the Service, another user, or another person; or
• suspension or termination is required by law.

Termination does not affect provisions that by their nature should survive termination, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and disputes.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

ATTUNEMENT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, AND ERROR-FREE OPERATION.

ATTUNEMENT DOES NOT WARRANT THAT THE SERVICE WILL DETECT OR REMOVE ALL INFORMATION THAT SHOULD BE REDACTED, THAT OUTPUT WILL BE FREE FROM ERRORS, OR THAT USE OF THE SERVICE OR ITS OUTPUT WILL SATISFY ANY PARTICULAR LEGAL OR REGULATORY REQUIREMENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTUNEMENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTUNEMENT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNT ACTUALLY PAID BY YOU TO ATTUNEMENT FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply to the maximum extent permitted by law even if a remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited.

16. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Attunement and its officers, directors, employees, and affiliates from and against third-party claims, damages, liabilities, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

• Customer Content that you did not have the legal right or authority to submit;
• your unlawful use of the Service;
• your disclosure, publication, transmission, or other use of output from the Service in violation of these Terms or applicable law; or
• your material violation of these Terms.

This Section does not require you to indemnify Attunement to the extent a claim results from Attunement’s violation of applicable law or these Terms.

Attunement may control the defense and settlement of any matter subject to indemnification, provided that Attunement will not agree to a settlement that imposes a non-monetary obligation on you without your consent, not to be unreasonably withheld.

17. Changes to the Service or Terms

Attunement may update these Terms from time to time.

If we make material changes, we will provide reasonable notice through the Service, by email, or by another reasonable method before the changes become effective where required by law.

Your continued use of the Service after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.

18. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except to the extent federal law applies.

Nothing in these Terms prevents either party from exercising rights or remedies that cannot lawfully be waived.

19. General Terms

These Terms, together with any applicable BAA and other terms expressly incorporated by reference, constitute the agreement between you and Attunement concerning the Service.

If any provision is determined to be unenforceable, the remaining provisions will remain in effect.

Attunement’s failure to enforce a provision is not a waiver of its right to do so later.

You may not assign these Terms without Attunement’s prior written consent. Attunement may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

Except as expressly provided in an applicable BAA, these Terms do not create rights in any third-party beneficiary.

20. Contact

Questions about these Terms may be directed to:

Attunement, Inc.

Email: legal@attunement.ai