TERMS OF USE

Last Updated: 2025-12-3

‍These Platform Terms of Use (“Terms”) govern access to and use of the Fuse platform by Customers and Authorized Users.These Terms are entered into between (i) Fuse Insight, Inc., a Delaware corporation (“Fuse,” “we,” “us,” “our”), and (ii) the entity or individual who creates an account or otherwise accesses the Fuse platform (“Customer”). Fuse Analytics Limited (United Kingdom) supports marketing operations but is not the contracting entity for platform access.

By accessing or using the platform, the Customer and each Authorized User agree to these Terms. If you do not agree, do not use the platform.

1. Definitions
“Platform” means the Fuse software as a service platform, including eligibility verification, cost estimation, intake workflows, automation tools, related APIs, documentation, and any updates.
“Customer Data” means all information Customer submits, stores, or transmits through the Platform.
“Authorized Users” are Customer’s employees or contractors authorized to use the Platform.
“PHI” means Protected Health Information as defined under HIPAA.
“BAA” means the Business Associate Agreement incorporated into these Terms when PHI is processed.
“Documentation” means manuals, guides, or materials we provide about using the Platform.

2. Eligibility and Accounts
Customer is responsible for ensuring Authorized Users are competent and authorized, maintaining confidentiality of login credentials, and ensuring use of the Platform complies with these Terms. Customer must notify us immediately if credentials are compromised.

3. License and Use of the Platform
Fuse grants Customer a limited, non-exclusive, non-transferable right for Authorized Users to access the Platform during the subscription term, solely for Customer’s internal business use. Customer may not reverse engineer, modify, create derivative works, extract data, use the Platform to compete with Fuse, use it unlawfully, or interfere with functionality. Fuse retains all rights in the Platform.

4. Customer Responsibilities
Customer is responsible for accuracy and legality of Customer Data, obtaining necessary rights and consents, ensuring PHI uploads comply with obligations, and managing Authorized Users. Customer must not upload PHI without a signed BAA. Customer represents and warrants that it has all rights and authority required to submit Customer Data, enter into these Terms, and allow Fuse to process Customer Data as described.

5. Customer Data and Privacy
Customer retains ownership of Customer Data. We process Customer Data only to provide and support the Platform, comply with law, or as otherwise permitted. Personal information is handled under the Fuse Privacy Policy. Fuse does not use Customer Data or PHI to train AI models.

6. Business Associate Agreement (BAA)
If Customer uploads PHI, the BAA applies automatically. Fuse acts as a Business Associate under HIPAA. Fuse will protect PHI using required safeguards, report unauthorized disclosures, use or disclose PHI only as permitted, ensure subcontractors comply with HIPAA, and Customer is responsible for obtaining all necessary consents.

7. Security and Compliance
Fuse maintains SOC 2 Type II audited controls and HIPAA-aligned security measures including encryption, access controls, monitoring, and incident response. We aim for high availability but do not guarantee uninterrupted service.

8. Third-Party Integrations
Customer may enable integrations. Fuse is not responsible for third-party data handling, security, or payer accuracy. Customer assumes risk for integrations.

9. Fees and Payment
Access to the Platform and use of any paid features requires payment of the fees set out in Fuse’s then-current Pricing Addendum (the “Fees”), including any applicable minimum fees. Fuse may invoice Customer or charge Customer’s stored payment method in accordance with the Billing section of the Pricing Addendum. Fees are non-refundable unless stated otherwise in writing. Failure to pay any undisputed Fees when due may result in suspension of access to the Platform.

10. Intellectual Property
Fuse owns all rights in the Platform, Documentation, tools, algorithms, and related materials. Customer receives no ownership interest. Customer grants Fuse a perpetual, irrevocable, royalty-free license to use any feedback or suggestions provided for improving or enhancing the Platform.

11. Confidentiality
Each party agrees to protect the other’s confidential information using reasonable safeguards. Confidential information excludes information that is public, independently developed, or lawfully obtained.

12. Prohibited Uses
Customer may not interfere with the Platform, circumvent security, test for vulnerabilities, access other customers’ data, or use the Platform for harmful purposes. Customer must not use the Platform for unlawful, fraudulent, harmful, or competitive purposes, including automated scraping, benchmarking, impersonation, or introducing malware.

13. Suspension
Fuse may suspend access if Customer breaches Terms, creates a security risk, violates the BAA, or fails to pay.

14. Termination
Either party may terminate for uncured material breach. Upon termination Customer’s access ends, Customer may request data export for 30 days, and Fuse may delete data per retention policies. Customer represents it is not located in an embargoed country or on any U.S. government restricted party list. Customer agrees to comply with all export control and sanctions laws.

15. Disclaimer
The Platform is provided “as is.” Fuse disclaims all warranties including fitness and non-infringement. Fuse does not guarantee payer accuracy, coverage decisions, or claims outcomes. Fuse may offer optional beta or experimental features. Such features are provided ‘as-is’ and may be modified or discontinued at any time.

16. Limitation of Liability
Fuse is not liable for indirect, incidental, special, or consequential damages. Fuse’s total liability will not exceed fees paid in the past 12 months.

17. Governing Law
These Terms are governed by Delaware law. Disputes must be resolved in Delaware courts.

18. Changes to These Terms
Fuse may update these Terms. Continued use indicates acceptance.

19. Contact
founders@fuseinsight.com
Fuse Insight, Inc., 1111B S Governors Ave #3808 Dover, DE 19904

These Terms constitute the entire agreement between the parties. If any provision is unenforceable, the remaining provisions remain in effect. Fuse may assign these Terms; Customer may not assign them without consent.

This Pricing Addendum forms part of the Fuse Platform Terms of Use. Capitalized terms have the meanings given in the Terms. This Pricing Addendum applies once the free trial ends and Customer has added a valid payment method and authorized Fuse to charge for usage.

‍1. Free Trial
Customer receives:
• 20 free portal insurance eligibility and benefits checks, and
• 20 free phone-call insurance eligibility and benefits checks at CPT-level with in/out of network status and AI Summaries

No charges apply until both
(a) the free allotment is exhausted and
(b) Customer adds a valid payment method and authorizes Fuse to bill for usage.

2. Usage Fees (Post-Trial)
• Portal Insurance Eligibility & Benefits Check: $0.50 per completed check
• Phone Call Insurance Eligibility and Benefits Check at CPT-level with in/out of network status + AI Summary: $5.00 per completed check and summary
• Digital Patient Intake: $0, included in minimum fee
‍
A “completed check” means Fuse successfully performs the requested verification, regardless of payer outcome.

3. Billing
Fuse bills based on recorded usage. Charges may be applied automatically to Customer’s stored payment method or via invoice. Fees are non-refundable once usage occurs.

4. Minimum Fees
Customer will pay a minimum fee of $200 per month per Customer account (the “Minimum Fee”). If Customer’s usage-based Fees in any billing period are less than the Minimum Fee, Customer will be charged the Minimum Fee instead of the lower usage-based amount for that period.

‍5. Pricing Changes
Fuse may update this Pricing Addendum in accordance with Section 18 of the Terms (Changes to These Terms).

This Business Associate Agreement Addendum  (“Addendum”) forms part of and is incorporated into the Fuse Platform Terms of Use (“Terms”). This Addendum applies only when Customer uploads, transmits, or otherwise processes Protected Health Information (“PHI”) through the Fuse platform. By using the platform in a manner that involves PHI, Customer and Fuse Insight, Inc. (“Business Associate”) agree to this Addendum.

1. Definitions
All capitalized terms not defined here have the meaning given in HIPAA. “Covered Entity” means the Customer to the extent the Customer qualifies as a Covered Entity or Business Associate under HIPAA.

2. Permitted Uses and Disclosures
Business Associate may use or disclose PHI only to provide services under the Terms, for the proper management of its operations, to fulfill legal obligations, or as otherwise permitted by HIPAA. Business Associate will not use PHI for marketing, AI model training, or any purpose not explicitly allowed. All uses and disclosures of PHI shall comply with HIPAA’s minimum necessary standard.

3. Safeguards
Business Associate will implement and maintain administrative, physical, and technical safeguards as required by HIPAA to protect PHI, including safeguards for electronic PHI under the Security Rule. Business Associate will ensure subcontractors handling PHI agree in writing to equivalent safeguards.

4. Reporting Obligations
Business Associate will report to Customer within three business days any unauthorized use or disclosure of PHI, Security Incident, or Breach of Unsecured PHI. Reports will include all information reasonably required for Customer to meet its HIPAA obligations.

5. Cooperation
Business Associate will reasonably cooperate with Customer in investigations, breach notifications, and regulatory inquiries relating to PHI processed under this Addendum.

6. Access, Amendments, and Accountings
If Business Associate holds PHI in a Designated Record Set, it will assist Customer in meeting obligations relating to individual access, amendments, and accountings of disclosures. If an individual submits a request directly, Business Associate will forward it to Customer.

7. Books and Records
Business Associate will make internal practices, policies, and records relating to PHI available to Customer or the Secretary of Health and Human Services as required by law.

8. Termination
Upon termination of services involving PHI, Business Associate will return or destroy PHI unless return or destruction is infeasible, in which case protections in this Addendum will continue. If return or destruction is infeasible, Business Associate will document the reasons in writing and continue to protect the PHI in accordance with this Addendum for as long as it is retained.

9. Electronic Transaction Standards
Business Associate will comply with applicable HIPAA electronic transaction standards and ensure subcontractors do so as well.

10. Indemnification
Business Associate will indemnify Customer for losses arising from Business Associate’s breach of this Addendum or violation of HIPAA, subject to limitations in the Terms unless prohibited by law.

11. Miscellaneous
No agency relationship is created by this Addendum. The Addendum will be interpreted to comply with HIPAA. In the event of conflict between this Addendum and the Terms, this Addendum controls for PHI matters. This Addendum does not require signatures and becomes effective automatically upon Customer’s use of the platform with PHI, consistent with the structure used by Freed and similar SaaS providers. The obligations in this Addendum regarding protections of PHI, permitted uses and disclosures, breach notification, cooperation, and subcontractor requirements survive termination of this Addendum.