1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and AraSync Health Systems ("AraSync," "we," "our," or "us") governing your access to and use of the AraSync EHR platform, EVV mobile application, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of a healthcare organization, you represent that you have authority to bind that organization, and these Terms apply to that organization. If you do not agree to these Terms, do not access or use the Services.

2. Description of Services

AraSync provides a cloud-based healthcare technology platform including:

Electronic Health Records (EHR) software for managing patient records, care plans, and clinical documentation
Electronic Visit Verification (EVV) via mobile application for GPS-based visit verification and caregiver check-in/check-out
Clinical documentation tools including AI-assisted progress note generation
Billing and revenue cycle management, including X12 837P claim generation and submission
Compliance monitoring dashboards and reporting
Scheduling and staff management tools
Analytics and reporting capabilities

Services are provided to licensed healthcare agencies, mental health providers, personal care assistance agencies, and community-based healthcare organizations operating primarily in Minnesota.

3. Account Registration and Access

3.1 Account Creation

Access to the Services requires a valid account. Organization administrators create and manage user accounts on behalf of their agency. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

3.2 Eligibility

You must be at least 18 years of age and a licensed or employed healthcare professional to use the Services. Use of the Services for purposes outside of lawful healthcare delivery is prohibited.

3.3 Account Security

You agree to notify AraSync immediately at [email protected] of any unauthorized use of your account or credentials. AraSync is not liable for losses caused by unauthorized account access resulting from your failure to maintain credential security.

4. HIPAA and Protected Health Information

AraSync operates as a Business Associate under HIPAA for customers who are Covered Entities. Your use of the Services to store, transmit, or process Protected Health Information (PHI) is governed by a separate Business Associate Agreement (BAA), which must be executed prior to such use.

You are responsible for:

Ensuring your use of the Services complies with HIPAA, state privacy laws, and applicable regulations
Obtaining all required patient consents and authorizations before entering PHI into the platform
Configuring user access controls appropriately for your workforce
Complying with the minimum necessary standard when accessing PHI

5. Acceptable Use

You agree to use the Services only for lawful purposes in connection with the delivery of healthcare services. You may not:

Submit false, fraudulent, or misleading claims or documentation through the Services
Attempt to gain unauthorized access to any portion of the Services or systems
Use the Services to store or transmit malicious code, viruses, or harmful content
Reverse-engineer, decompile, or disassemble any portion of the Services
Use the Services to violate any applicable law, regulation, or professional licensing requirement
Resell, sublicense, or make the Services available to third parties without AraSync's written consent

6. AI-Assisted Documentation

The Services include AI-assisted clinical documentation features. The AI is assistive — it (a) checks documentation in real time against compliance rules, including Minnesota DHS documentation requirements, and surfaces gaps or missing items, and (b) suggests alternative phrasing on assessment documents. The AI does not author the clinical content of progress notes, treatment plans, or assessments; the licensed clinician writes the clinical content. You acknowledge and agree that:

AI-surfaced compliance feedback and language suggestions are decision support tools and do not constitute clinical advice or a substitute for professional clinical judgment
The licensed clinician is responsible for the clinical content, accuracy, and appropriateness of every document submitted through the Services, regardless of any AI-surfaced suggestions or compliance flags
You remain solely responsible for the accuracy, completeness, and clinical appropriateness of all documentation submitted through the Services
AraSync makes no representations that AI-surfaced compliance feedback or language suggestions will satisfy any specific payer, regulatory, or licensing documentation requirement, and DHS rules may change in ways the rule-engine has not yet been updated to reflect

7. Billing and Payment

7.1 Subscription Fees

Access to the Services is provided on a subscription basis. Fees are as described in your order form or service agreement. AraSync reserves the right to modify pricing with 30 days written notice.

7.2 Payment Terms

Payment is due as specified in your service agreement. AraSync accepts credit cards, ACH transfers, and NET 30 invoicing for qualifying Enterprise accounts. Overdue balances accrue interest at 1.5% per month.

7.3 No Refunds

Subscription fees are non-refundable except as required by applicable law or as expressly stated in your service agreement. AraSync may offer pro-rated credits at its sole discretion.

8. Data Ownership and Portability

You retain ownership of all patient and clinical data you enter into the Services. AraSync does not sell or share your data with third parties except as necessary to provide the Services or as required by law.

Upon termination of your subscription, AraSync will provide a data export in a standard format upon request for a period of 30 days following termination. After 30 days, AraSync may delete your data in accordance with its data retention policies.

9. Service Availability and Uptime

AraSync targets 99.9% platform uptime, excluding scheduled maintenance windows. Planned maintenance will be communicated with at least 48 hours advance notice via email or in-platform notification. AraSync is not liable for service interruptions caused by third-party services (cloud infrastructure, internet providers, state EVV aggregators) outside AraSync's control.

10. Intellectual Property

The Services, including all software, user interface designs, workflows, AI models, and documentation, are the intellectual property of AraSync Health Systems and are protected by applicable copyright, trademark, and trade secret laws. These Terms do not grant you any rights to AraSync's intellectual property except the limited right to use the Services as described herein.

11. Limitation of Liability

To the maximum extent permitted by applicable law, AraSync's total liability to you for any claims arising from these Terms or the Services shall not exceed the fees paid by you to AraSync in the 12 months preceding the claim.

AraSync is not liable for indirect, incidental, consequential, or punitive damages, including lost revenue, lost profits, or data loss, even if advised of the possibility of such damages. AraSync is not responsible for billing denials, audit findings, or regulatory actions resulting from your use of the Services.

12. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, express or implied. AraSync does not warrant that the Services will be error-free or uninterrupted, or that AI-surfaced compliance feedback or language suggestions will meet any particular standard of accuracy or completeness, or capture every applicable DHS or payer requirement. You use the Services at your own risk.

13. Termination

Either party may terminate these Terms with 30 days written notice. AraSync may terminate or suspend access immediately for material breach, non-payment, or use of the Services in violation of applicable law. Upon termination, your right to access the Services ceases immediately.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved by binding arbitration in Stearns County, Minnesota, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Changes to Terms

AraSync may update these Terms from time to time. We will notify you of material changes by email or in-platform notification at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms, contact:

AraSync Health Systems
130 Division Street, Suite D
Waite Park, MN 56387
Email: [email protected]
Phone: (669) 278-5128