Terms of Service
1. Acceptance of Terms
By accessing or using PATFlow™, a clinical decision support platform for preoperative coordination operated by Healthcare Venture Group Inc. DBA Rosegard Health (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between your organization ("you," "your," or "Client") and Rosegard Health ("we," "us," or "our").
If you are accessing the Service on behalf of a healthcare organization (a "Covered Entity" under HIPAA), you represent that you have the authority to bind that organization to these Terms. Use of the Service for processing Protected Health Information (PHI) requires an executed Business Associate Agreement (BAA) between your organization and Rosegard Health (see Section 8).
2. Clinical Decision Support Disclaimer
The Service is a clinical decision support tool intended solely for use by licensed healthcare professionals. The Service provides guideline-based information and is not a substitute for independent professional medical judgment. All clinical decisions, including but not limited to patient assessment, diagnosis, treatment planning, and medication administration, remain the sole responsibility of the treating clinician.
The rule engine within the Service produces deterministic outputs based on published clinical guidelines (ASA, ACC/AHA, ASRA, ERAS, PROSPECT, and others). Outputs should always be verified against current guidelines and the individual patient's clinical context. The Service is not intended for use in emergency situations, intraoperative decision-making, or time-critical clinical scenarios.
3. Methodology
PATFlow's clinical decision support is entirely deterministic and guideline-based. A logical rule engine evaluates structured patient parameters against published guidelines from ASA, ACC/AHA, ASRA, ERAS, PROSPECT, and other recognized bodies. The engine produces deterministic outputs including risk stratification, contraindication checks, medication hold recommendations, routing, and related disposition information. PATFlow does not use artificial intelligence, machine learning, or large language models to infer clinical conclusions, modify rule logic, or generate clinical narratives. Patient data and clinical case information are not sent to third-party AI or generative-AI services for processing, summarization, or training.
4. Eligibility and Account Responsibilities
The Service is intended for use by licensed healthcare professionals, trainees under appropriate supervision, and authorized clinical staff at healthcare facilities. Trainees must use the Service under the supervision of a licensed clinician who retains full responsibility for all clinical decisions.
By creating or using an account, you represent that you are a healthcare professional or authorized user at a facility that has agreed to these Terms and, where applicable, has an executed BAA with Rosegard Health. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Each account is for individual use only — concurrent sessions from the same account are not permitted and may result in automatic session termination.
5. Facility Licensing and Access
Access to the Service is provided under a facility-level license agreement negotiated directly with Rosegard Health. Pricing, included usage, and billing terms are defined in the applicable order form or facility agreement. Contact sales@rosegard.com for licensing inquiries.
6. Acceptable Use
You agree not to: use the Service for any unlawful purpose or in violation of applicable healthcare regulations; share your account credentials with others or allow unauthorized users to access the Service; attempt to reverse-engineer, decompile, or extract the source code of the Service; use automated tools to scrape or bulk-access the Service; misrepresent the output of the Service as a substitute for professional clinical judgment; access or attempt to access PHI belonging to another facility or outside the scope of your authorized role; use the Service to process PHI without an executed BAA between your facility and Rosegard Health; or disable, circumvent, or interfere with security features of the Service.
7. Intellectual Property
All content, software, algorithms, rule engines, clinical knowledge bases, and user interface elements comprising the Service are the intellectual property of Rosegard Health or its licensors. The PATFlow clinical decision engine is the subject of U.S. Provisional Patent Application No. 63/999,621 (patent pending). Clinical guidelines referenced in the Service remain the property of their respective publishing organizations. PHI and clinical data entered into the Service by or on behalf of a Covered Entity remains the property of that Covered Entity.
8. HIPAA Compliance and Protected Health Information
PATFlow is designed, built, and operated to support the processing of Protected Health Information (PHI) in compliance with HIPAA, the HIPAA Privacy Rule, the HIPAA Security Rule, and the HITECH Act. Rosegard Health operates as a Business Associate under HIPAA. Before any PHI is processed through PATFlow, the subscribing healthcare facility (Covered Entity) and Rosegard Health must execute a Business Associate Agreement (BAA) that establishes the permitted uses and disclosures of PHI, safeguard obligations, breach notification requirements, and the rights and responsibilities of both parties.
Shared Responsibilities:
- Covered Entity responsibilities: The subscribing facility is responsible for obtaining patient consent as required, ensuring users are authorized and appropriately trained, managing user access and account deactivation, and complying with the HIPAA Privacy Rule regarding the use and disclosure of PHI.
- Business Associate responsibilities: Rosegard Health is responsible for implementing and maintaining administrative, technical, and physical safeguards for PHI, reporting security incidents and breaches, limiting use of PHI to the purposes specified in the BAA, and cooperating with the Covered Entity to fulfill individual rights requests.
To request a BAA or discuss HIPAA compliance, contact security@rosegard.com.
9. SMS/Text Messaging Terms
The Service may send SMS (text) messages to patients, healthcare providers, or other authorized recipients for purposes including but not limited to: pre-admission intake invitations, pre-operative instructions, pre-procedure reminders, and clinical coordination notifications. All SMS communications are strictly transactional and related to healthcare coordination. No marketing or promotional messages are sent.
- Consent. SMS consent is obtained through documented verbal confirmation by the care team with the patient, recorded in the system with timestamp and audit trail before any messages are sent. Providing a mobile phone number does not imply consent to receive SMS messages. Message frequency varies based on the patient's scheduled procedure and care needs.
- Message and data rates may apply. Standard messaging and data rates from the recipient's wireless carrier may apply to messages sent or received.
- Opt out. Recipients may opt out of text messages at any time by replying STOP to any message. After opting out, no further text messages will be sent to that number unless consent is renewed.
- Help. Recipients may reply HELP to any message for support information, or contact us at support@rosegard.com.
- Carriers supported. Messages are sent via supported U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages.
- No obligation. Consent to receive text messages is not a condition of purchasing or using the Service.
- No data sharing. Phone numbers are transmitted to messaging service providers solely for the purpose of delivering SMS messages. These providers are bound by BAAs or data processing agreements as applicable. We do not sell, share, or disclose phone numbers to third parties for marketing purposes.
Text messages are intended for informational and clinical coordination purposes only. They do not constitute medical advice, medical clearance, or a substitute for direct communication between the patient and their healthcare provider.
10. Data Security
Rosegard Health implements administrative, technical, and physical safeguards for PHI and other data in accordance with the HIPAA Security Rule. Our security posture includes encryption in transit and at rest, role-based access controls, facility-level data isolation, multi-factor authentication, comprehensive audit logging, and defense-in-depth application security controls. For detailed information about our security measures, see our Security & Compliance Overview.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROSEGARD HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Without limiting the foregoing, Rosegard Health assumes no liability for clinical outcomes resulting from the use or interpretation of outputs generated by the Service. The treating clinician bears full responsibility for all clinical decisions. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROSEGARD HEALTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. CLINICAL OUTPUTS ARE INFORMATIONAL AND DO NOT CONSTITUTE MEDICAL ADVICE OR DIAGNOSIS.
13. Indemnification
You agree to indemnify, defend, and hold harmless Rosegard Health and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) your failure to comply with applicable laws, including HIPAA; (c) clinical decisions made using the Service; or (d) any breach of your representations or warranties under these Terms.
14. Termination
We reserve the right to suspend or terminate your account for violation of these Terms, the applicable BAA, or applicable law. Upon termination, your right to use the Service ceases immediately. PHI will be handled in accordance with the applicable BAA — either returned to the Covered Entity or destroyed, except where retention is required by law. Sections 2, 3, 7, 8, 11, 12, 13, and 15 survive termination.
15. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Either party may elect to resolve any dispute arising under these Terms through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. If arbitration is not elected, disputes shall be resolved in the state or federal courts located in Florida.
16. Changes to These Terms
We may update these Terms from time to time. We will notify registered users and subscribing facilities of material changes via email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.
17. Contact
Healthcare Venture Group Inc. DBA Rosegard Health
Email: support@rosegard.com
HIPAA / BAA inquiries: security@rosegard.com