1. ACCEPTANCE OF TERMS

This Terms of Service, Privacy Policy, and Business Associates Addendum (“Agreement”) constitutes a binding contract between you (“User” or “you”) and M D Orbit LLC (“Company,” “we,” “us,” or “our”). By accessing, browsing, or using Defend My Note (the “Service”), you affirm that you have read, understood, and agree to all terms and conditions of this Agreement. If you do not agree, you must immediately discontinue using the Service.

You represent that you are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is higher, and have the legal authority to enter into this Agreement.

2. DESCRIPTION OF THE SERVICE

Defend My Note is designed to read medical notes and generate a suggested “defensive addendum.” These generated addenda are not guaranteed to be accurate, error-free, or suitable for any particular purpose.

The Service, including all outputs, content, and information, does not constitute or substitute for legal or medical advice. You acknowledge and agree that the Service may not be used for diagnosis or treatment of any medical condition, nor should it be construed as legal counsel.

You assume all risk arising out of or relating to your use of the Service. M D Orbit LLC has no responsibility or liability for the accuracy, reliability, or completeness of any content or output generated by the Service.

3. USER RESPONSIBILITIES

Storage of Data: No note information, including Protected Health Information (PHI) is ever stored, used for training, or collected by us in any capacity. If you wish not to expose any PHI, it is your responsibility to ensure that any information you provide is de-identified.

Use at Your Own Risk: By using the Service, you acknowledge that the generated defensive language is subject to potential errors and may not meet your specific needs or legal/medical requirements. M D Orbit LLC disclaims all responsibility and liability related to any and all outputs.

Compliance with Laws: You agree to use the Service in compliance with all applicable local, state, national, and international laws, regulations, and ordinances.

4. DISCLAIMER OF LIABILITY, USER RESPONSIBILITY, AND INDEMNIFICATION

No Warranty: The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied. M D Orbit LLC disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or free of defects, nor do we make any guarantee regarding the accuracy, completeness, or suitability of any output generated by the Service.

User’s Responsibility: You acknowledge and agree that you are solely responsible for the accuracy, completeness, and appropriateness of any documentation you create or decisions you make based on the Service’s outputs. The Service does not replace your professional judgment, nor is it a substitute for legal, medical, or other professional advice. You assume all risk associated with the completeness, accuracy, and utility of the Service’s outputs.

Limitation of Liability: To the fullest extent permitted by law, M D Orbit LLC, its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

• Your use or inability to use the Service;
• Errors, mistakes, or inaccuracies in the generated output;
• Unauthorized access to or alteration of your data (if any);
• Any other matter relating to the Service.

In no event shall M D Orbit LLC’s total liability for all claims related to the Service exceed the amount paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars (US $100), whichever is greater.

Indemnification: You agree to indemnify, defend, and hold harmless M D Orbit LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your use of the Service;
• Any output you rely upon or incorporate into your records;
• Your violation of this Agreement;
• Your violation of any applicable law or regulation.

5. INTELLECTUAL PROPERTY

Ownership: All content, materials, features, and functionality (including but not limited to software, text, designs, images, and other materials) provided via the Service, excluding content generated by users, are owned or licensed by M D Orbit LLC and are protected by intellectual property laws.

License: Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal or internal business use. You may not reproduce, modify, distribute, or otherwise exploit any materials from the Service without our express written consent.

6. PAYMENT AND SUBSCRIPTION

Annual Fee: The Service is offered on an annual subscription basis, and the payment is due in full at the start of each subscription term. By signing up for the Service, you authorize us to bill you annually until you cancel.

Subscription Changes: We reserve the right to change our subscription fees or billing methods at any time without notice. If you continue using the Service, you agree to the revised fees and billing methods.

No Refund Policy: There are no refunds under any circumstances. All payments are final.

Cancellation by User: To cancel your subscription, you must log in to your account at www.defendmynote.com and follow the cancellation instructions. Cancellations take effect at the end of the current billing cycle.

Cancellation by the Service: M D Orbit LLC reserves the right to cancel or suspend your access to the Service at any time, for any reason or no reason, with or without notice. All cancellations by the Service are final and do not entitle you to any refund.

7. TERMINATION

Termination by You: You may terminate your account and this Agreement at any time by ceasing use of the Service and canceling your subscription in accordance with Section 6.4.

Termination by Us: We may, at our sole discretion, suspend or terminate your access to the Service at any time and for any reason, without liability or notice to you.

8. PRIVACY POLICY

No PHI Storage: We do not store, manage, or collect PHI. It is your responsibility to ensure that any data you submit is appropriately de-identified if you wish not to expose PHI.

No Use of Data for Training: We do not use any data you provide for training or machine learning models. All data is processed in a closed environment and is not accessible for any other purpose.

Blinded Data Processing: Information submitted to the Service is processed automatically and is not visible to any employee or contractor of M D Orbit LLC. Any content you provide is handled in a manner designed to prevent exposure of identifiable patient details.

User-Provided Information: While we do not store PHI, we may collect basic technical information such as IP addresses, browser types, or other anonymous usage data for the purpose of maintaining and improving the Service.

Security Measures: We implement commercially reasonable measures to protect the integrity and security of any data you provide. However, no security system is impenetrable, and we cannot guarantee the complete security of any transmission or information stored on our systems.

Third-Party Links: The Service may contain links to third-party websites or resources. We are not responsible for the content, privacy policies, or practices of any third-party websites. We encourage you to review the privacy policies of those third parties.

9. HIPAA COMPLIANCE AND BUSINESS ASSOCIATES ADDENDUM

This Business Associates Addendum ("BAA") is incorporated into and forms part of the Terms of Service and Privacy Policy ("Agreement") between you ("User") and M D Orbit LLC ("Company"). This BAA applies to the extent that the Company, in providing the Service, acts as a business associate under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

1. No Storage, Collection, or Management of PHI: The Company does not store, collect, or otherwise manage any Protected Health Information ("PHI") provided by the User. The Service is designed to process information in transit only, without any retention or storage by the Company. Data is not visible to our employees or contractors, and any submission is handled via automated means only.

2. Encrypted Data in Transit: All data, including PHI, transmitted through the Service is encrypted using industry-standard encryption protocols to ensure the security and confidentiality of the information during transmission.

3. HIPAA Compliance: The Company acknowledges its role as a possible business associate under HIPAA and agrees to comply with all applicable HIPAA requirements, including but not limited to the HIPAA Privacy Rule and Security Rule, to the extent that such rules apply to the Company's handling of information in connection with the Service.

4. User Responsibilities: The User is responsible for ensuring that any PHI provided to the Service is de-identified if the User wishes to avoid exposing PHI. The Company disclaims any liability for the User's failure to de-identify PHI.

5. Breach Notification Procedures: In the unlikely event that the Company becomes aware of a breach or suspected breach of unsecured PHI while processing data in transit, the Company will promptly investigate and, if a breach is confirmed, notify the User in accordance with the notification timelines prescribed by HIPAA (generally no later than 60 days from discovering the breach). The notification will include, to the extent possible, the nature of the breach, the types of information involved, any protective steps the User should take, and the measures the Company has taken to mitigate the breach and prevent future occurrences.

6. Termination or Conclusion of Services: Given that no PHI is stored or retained, there is no data to return or destroy upon termination of this Agreement. Should the Company cease to provide the Service, all processes facilitating the in-transit handling of PHI will be disabled. The Company reserves the right to terminate this BAA and the related Service at any time if it determines that continued provision of the Service poses a compliance or security risk.

By using the Service, the User acknowledges and agrees to the terms of this BAA.

10. GENERAL DISCLAIMERS

No Guarantee of Availability: We do not guarantee that the Service will be available at all times, uninterrupted, error-free, or free of viruses or other harmful components.

No Endorsement: Reference to any third parties or their products, services, or other information does not constitute or imply any endorsement, sponsorship, or recommendation by us.

11. MODIFICATIONS TO THIS AGREEMENT

Right to Modify: We reserve the right to modify or update this Agreement at any time, with or without prior notice.

Notification of Changes: We may provide notice of material changes by posting a notification on the Site or sending an email to registered users. Your continued use of the Service after the effective date of any modifications indicates your acceptance of the updated Agreement.

12. SEVERABILITY

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, that provision shall be severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

13. ENTIRE AGREEMENT

This Agreement, together with any additional agreements or policies referenced herein, constitutes the entire understanding between you and M D Orbit LLC with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.

14. CONTACT US

If you have any questions or concerns about this Agreement, please contact us at:

By using Defend My Note, you acknowledge that you have read, understood, and agree to all terms and conditions of this Agreement. If you do not agree, you must immediately cease use of the Service.