Terms of Service
Effective date: March 1, 2025 · Last updated: March 1, 2025
These Terms of Service ("Terms") govern your access to and use of the Ginja AI platform, website, and related services (collectively, the "Services") provided by Ginja AI ("we", "us", or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
1. Eligibility
The Services are intended for health insurance carriers, third-party administrators (TPAs), and other authorised healthcare organisations. You must be at least 18 years old and have the legal authority to enter into binding contracts on behalf of your organisation to use the Services.
2. Permitted Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Services solely for your internal business purposes — including claims adjudication, underwriting support, and fraud detection — in accordance with all applicable laws and regulations.
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law, including HIPAA and applicable state insurance regulations.
- Reverse-engineer, decompile, or disassemble any part of the platform.
- Share access credentials with unauthorised parties or allow concurrent use beyond your contracted licences.
- Upload data you do not have the right to process or that violates third-party rights.
- Attempt to gain unauthorised access to any system, network, or data.
3. AI-Generated Outputs & Limitations
Ginja AI uses artificial intelligence and machine learning to assist with claims adjudication and underwriting decisions. You acknowledge that:
- AI outputs are recommendations and decision-support tools, not final determinations. All coverage decisions remain the responsibility of your licensed professionals.
- AI models can produce errors, biases, or unexpected results. You are responsible for human review of all consequential decisions.
- Ginja AI does not practice medicine or provide medical advice.
4. Data Responsibilities
You retain ownership of all data you submit to the Services ("Customer Data"). You are responsible for ensuring that you have obtained all necessary consents, authorisations, and permissions to share any personal health information (PHI) or personally identifiable information (PII) with us for processing.
We act as a Business Associate (as defined under HIPAA) with respect to any PHI you provide. A Business Associate Agreement (BAA) must be executed prior to processing PHI on our platform.
5. Confidentiality
Each party agrees to keep confidential any non-public information of the other party disclosed in connection with the Services, and to use such information only for the purposes permitted under these Terms or the applicable order form / master service agreement.
6. Intellectual Property
All rights, title, and interest in and to the Services, including underlying models, algorithms, software, and documentation, remain exclusively with Ginja AI. Nothing in these Terms transfers any intellectual property rights to you.
We may use aggregated, de-identified data derived from your use of the Services to improve our models and platform, provided such data cannot reasonably be used to identify you or your members.
7. Fees & Payment
Fees for the Services are set out in your order form or subscription agreement. All fees are due in accordance with the payment terms specified therein. We reserve the right to suspend access for overdue accounts after providing reasonable notice.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET YOUR SPECIFIC REQUIREMENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GINJA AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Ginja AI and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any applicable law or third-party rights.
11. Termination
Either party may terminate the Services in accordance with the applicable order form or subscription agreement. We may also suspend or terminate your access immediately if you materially breach these Terms and fail to cure such breach within 30 days of written notice. Upon termination, your licence to use the Services ceases and you must stop all use and delete any downloaded platform materials.
12. Governing Law
These Terms are governed by the laws of the jurisdiction in which Ginja AI is incorporated, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration in accordance with the rules of the applicable arbitration body, unless otherwise agreed in writing.
13. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or via an in-platform notice at least 30 days before they take effect. Continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes.
14. Contact Us
If you have questions about these Terms, please contact us at admin@ginja.ai.
