1. About Fisher Intelligence Inc.
1.1 Company overview
Fisher Intelligence Inc. (“Fisher,” “we,” “us” or “our”) provides an AI analyst that helps health plans and other organizations that manage health care costs analyze their medical and pharmacy claims data, identify cost trends and their root causes, and surface savings opportunities they can act on. We combine human expertise with advanced technology, including artificial intelligence. These Terms and Conditions (“Terms”) govern your use of our website, the Fisher platform and related services (together, the “Services”).
1.2 HIPAA compliance and data protection
Fisher operates in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and acts as a business associate to the covered entities it serves. We maintain policies and procedures governing the use, disclosure and protection of protected health information (“PHI”). All personnel with access to PHI must comply with these policies, and any breach of unsecured PHI is handled under our breach notification procedures as required by law.
2. Acceptance and modification of terms
2.1 Acceptance
By accessing or using the Services, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must stop using the Services immediately. If your organization has signed a separate agreement with Fisher, that agreement governs your use of the Services and controls wherever it conflicts with these Terms.
2.2 Modifications
We may modify, amend or update these Terms at any time, with or without notice. Your continued use of the Services after changes take effect means you accept the revised Terms.
3. Description of the services
3.1 Scope of services
The Services include analyzing medical and pharmacy claims and related data; identifying cost trends, root causes and savings opportunities within plan control; and recommending actions to reduce medical costs.
3.2 Technology and artificial intelligence
AI tools assist in analyzing data and identifying opportunities. Findings and recommendations are provided for your review, and decisions based on them remain yours.
3.3 Service availability
We use commercially reasonable efforts to keep the Services continuously available, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance or unforeseen circumstances may affect availability.
4. Data ownership, privacy and security
4.1 Data ownership
You retain ownership of all data you provide. You grant Fisher a non-exclusive, worldwide, royalty-free license to process, store and use your data solely for the purpose of providing the Services.
4.2 Privacy and use of personal information
We collect, use and safeguard personal information and health information in accordance with our Privacy Policy and applicable laws, including HIPAA. You are responsible for ensuring that any data you provide to us complies with applicable legal requirements.
4.3 Security measures
We use appropriate technical, administrative and physical safeguards to protect your data, including encryption in transit and at rest, access controls and continuous system monitoring. Any breach involving unsecured PHI is handled under our HIPAA breach notification procedures.
5. Registration and account security
5.1 Account registration
You must provide accurate, current and complete information when registering for an account and keep it up to date.
5.2 Account security
You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. You must notify us immediately if you suspect unauthorized use of your account.
6. Payment and billing
6.1 Payment terms
Certain features of the Services may be subject to fees. You agree to pay all applicable fees as set out at the time of purchase or in your order form. Fees are non-refundable unless otherwise stated or required by law.
6.2 Billing information
You agree to provide accurate billing information. We may suspend or terminate your access to the Services in the event of non-payment or disputes regarding payment.
7. Prohibited conduct
You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden or impair the Services, including by:
- submitting false, inaccurate or fraudulent information
- reverse-engineering, decompiling or otherwise attempting to extract source code
- transmitting malicious or harmful code
- interfering with the operation or security of the Services
- accessing the Services through unauthorized means
Violations may result in immediate termination of your access to the Services and legal action.
8. Intellectual property
8.1 Ownership
Fisher owns all intellectual property in the Services, including software, algorithms, user interfaces and trademarks. You may not use our intellectual property without our prior written consent.
8.2 User content
You retain ownership of content you provide. You grant Fisher a license to use, display and modify that content as necessary to operate the Services.
9. Disclaimers and limitation of liability
9.1 Disclaimer of warranties
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement.
9.2 Limitation of liability
Fisher is not liable for any indirect, incidental, special, consequential or punitive damages arising from or related to your use of the Services. Our total liability for any claim shall not exceed the amount you paid for the Services during the three (3) months immediately preceding the claim.
10. Termination
10.1 Termination by you
You may stop using the Services and close your account at any time.
10.2 Termination by Fisher
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms.
10.3 Effect of termination
On termination, all licenses granted under these Terms end immediately and you must stop using the Services. We have no obligation to provide you with any data or content after termination, except as required by law.
11. Dispute resolution and governing law
11.1 Dispute resolution
Any dispute arising from these Terms or the Services will be resolved through binding arbitration in accordance with applicable law. Each party waives any right to participate in a class action or to bring a claim in a court of general jurisdiction.
11.2 Governing law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Fisher Intelligence Inc. is headquartered, without regard to its conflict of laws provisions.
12. General provisions
12.1 Entire agreement
These Terms, our Privacy Policy and any documents referenced in them are the entire agreement between you and Fisher regarding the Services, except where your organization has a separate signed agreement with Fisher, which controls.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
12.3 Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
12.4 Assignment
Fisher may assign or transfer its rights and obligations under these Terms without notice. You may not assign or transfer your rights or obligations without our prior written consent.
13. Contact information
If you have questions about these Terms, please contact us at opeyemi@tryfisher.com.