Terms of Use

The Offerings are business tools intended for professional use. The Service is made available to organizations (our “Customers”) — typically health insurance companies and, where authorized, their delegated entities — and may be used only by individuals whom a Customer authorizes and for whom access has been provisioned (“Authorized Users”). You must be at least 18 years old to use the Offerings.

Access to and use of the Service by a Customer and its Authorized Users is governed by the written agreement between that Customer and Pasena, such as a master services agreement and any order forms, statements of work, or, where applicable, a Business Associate Agreement (collectively, the “Customer Agreement”). If there is a conflict between these Terms and a Customer Agreement, the Customer Agreement controls with respect to the Service.

These Terms govern your use of the Website and establish baseline obligations that apply to all Authorized Users of the Service, supplementing the applicable Customer Agreement. Any service levels, support commitments, warranties, or indemnities that Pasena provides for the Service are set forth exclusively in the applicable Customer Agreement.

Sign-in to the Service is provided through our identity provider. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:

• Keep your credentials confidential and not share your account with, or allow access by, any other person;
• Provide accurate account information and keep it up to date; and
• Notify us promptly at security@pasena.ai if you suspect any unauthorized access to or use of your account or the Service.

We may suspend or disable an account that we reasonably believe presents a security risk or is being used in violation of these Terms.

Subject to these Terms and the applicable Customer Agreement, Pasena grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service solely for the internal business purposes of the Customer that authorized your access. The Website and its content are made available for your informational use only.

You agree that you will not, and will not attempt to:

• Use the Offerings in violation of any applicable law or regulation, or in violation of the rights of any person;
• Probe, scan, or test the vulnerability of the Offerings, breach or circumvent any security or authentication measures, or access data or accounts you are not authorized to access, except pursuant to security testing expressly authorized by Pasena in writing;
• Introduce viruses, malware, or other harmful code, or interfere with or disrupt the integrity, performance, or availability of the Offerings;
• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Offerings, or reverse engineer, decompile, or disassemble any part of them, except to the extent such restriction is prohibited by applicable law;
• Access or use the Offerings to build a competing product or service, or for benchmarking or competitive analysis;
• Use automated means (including scraping, crawling, or bulk extraction) to access the Offerings or collect data from them, other than through interfaces we make available for that purpose;
• Submit to the Offerings any data that you do not have the right to provide, or any protected health information except as expressly authorized under an applicable Customer Agreement (including a Business Associate Agreement, where required); or
• Misrepresent your identity or affiliation, or impersonate any person or organization.

As between Pasena and a Customer, the Customer retains all rights in the data it or its Authorized Users submit to the Service (“Customer Data”). Pasena processes Customer Data only to provide the Service in accordance with the applicable Customer Agreement. Our collection and use of personal information in connection with the Offerings is described in our Privacy Policy.

Pasena and its licensors retain all right, title, and interest in and to the Offerings, including all related software, technology, documentation, designs, and trademarks. Except for the limited rights expressly granted in these Terms or a Customer Agreement, no rights in the Offerings are granted to you, whether by implication, estoppel, or otherwise.

If you provide suggestions, ideas, or other feedback about the Offerings, you grant Pasena a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without restriction or compensation.

The Offerings rely on third-party service providers (such as our identity, hosting, network, and monitoring providers, as described in our Privacy Policy) and may contain links to third-party websites or resources. Pasena is not responsible for the content or practices of third-party websites, and linking to them does not imply endorsement. Your use of third-party websites is governed by their own terms.

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASENA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE. ANY WARRANTIES APPLICABLE TO THE SERVICE ARE STATED EXCLUSIVELY IN THE APPLICABLE CUSTOMER AGREEMENT.

Content made available through the Offerings, including analyses and outputs generated by the Service, is provided to support — not replace — your organization’s own professional judgment. It does not constitute legal, regulatory, medical, or compliance advice, and responsibility for compliance decisions remains with your organization.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASENA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE OFFERINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS SUBJECT TO THE LIMITATIONS SET FORTH IN THE APPLICABLE CUSTOMER AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASENA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS (EXCLUDING LIABILITY GOVERNED BY A CUSTOMER AGREEMENT) WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

We may suspend or terminate your access to the Offerings, in whole or in part, if we reasonably believe that you have violated these Terms, that your access poses a security risk to the Offerings or to others, or that suspension is required by law. A Customer’s subscription and termination rights with respect to the Service are governed by its Customer Agreement. Sections of these Terms that by their nature should survive termination (including Sections 7, 9, 10, 13, and 14) will survive.

We may modify the Offerings over time, including by adding or removing features. We may also update these Terms from time to time. If we make material changes, we will update the effective date above and provide notice through the Offerings or by email. Your continued use of the Offerings after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Offerings that is not governed by a Customer Agreement will be brought exclusively in the state or federal courts located in Alameda County, California, and you consent to the personal jurisdiction and venue of those courts.

These Terms, together with the Privacy Policy and, where applicable, the Customer Agreement, constitute the entire agreement regarding your use of the Offerings. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries to these Terms.

If you have questions about these Terms, contact us at security@pasena.ai or by mail at:

Pasena, Inc.
1111 Broadway, Suite 300
Oakland, CA 94607
United States