Vodera

Terms of Service

Last Updated: February 14, 2025

Welcome to Forward Technologies, Inc.

Forward Technologies, Inc. DBA Vodera ("Forward," "we," "us," and/or "our") provides its services (described below) to you through its website located at www.vodera.ai and its web application at app.vodera.ai (collectively the "Site") and through its mobile applications, AI voice agents, and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In the event of planned downtime due to updates, we will notify users through email or in-app notifications at least 24 hours in advance, except in cases of emergency maintenance.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FORWARD ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

If you are entering into these Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms "User", "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and may not use the Services.

1. Access and Use of the Service

1.1 Services Description

The Service is designed to provide healthcare revenue cycle management and related services through our AI-powered platform, including but not limited to:

AI voice agent communications for patient billing
Claims processing and management
Payment collection and processing
Healthcare provider support services
Related administrative functions

Our AI voice agents are designed to:

Identify themselves as automated systems
Obtain necessary consents
Process protected health information (PHI)
Comply with HIPAA requirements
Provide opt-out options for human interaction

1.2 HIPAA Compliance

Forward Technologies, Inc. acts as a Business Associate under HIPAA when processing Protected Health Information (PHI) on behalf of Covered Entities (e.g., healthcare providers, health plans). Our HIPAA compliance obligations include:

Entering into a Business Associate Agreement (BAA) with Covered Entity clients before processing PHI
Implementing safeguards required by HIPAA for Business Associates (45 CFR § 164.314)
Reporting breaches of unsecured PHI to Covered Entities as required by 45 CFR§ 164.410)
Limiting PHI use/disclosure to purposes permitted by the BAA and HIPAA

Note: Forward is not a HPAA Covered Entity. We process PHI at the direction of Covered Entities under BAAs.

1.3 Your Registration Obligations

You may be required to register with Forward in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering.

1.4 Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Forward of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Forward will not be liable for any loss or damage arising from your failure to comply with this Section.

1.5 Modifications to Service

Forward reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). For any modifications to the Service, Forward will provide notification through one or more of the following methods: (a) email to the user's registered account email address, (b) in-application notification, (c) prominent notice on the Forward website, or (d) direct communication through the user's account dashboard. Notification may be provided prior to, concurrent with, or after the implementation of changes, depending on the nature and urgency of the modification. You agree that Forward will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

1.6 General Practices Regarding Use and Storage

You acknowledge that Forward may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Forward's servers on your behalf. You agree that Forward has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Forward reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Forward reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. PHI will be retained as specified in the BAA.

2. User Conduct and Content

2.1 User Conduct

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. Forward reserves the right to investigate and take appropriate legal action against anyone who, in Forward's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

You agree to not use the Service to:

Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Forward, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Forward or its users to any harm or liability of any type;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Failure to comply with any of the above terms may result in immediate termination of your account, removal of your content, and/or legal action as deemed appropriate by the Service provider. Forward reserves the right to determine the appropriate course of action for any violation of these terms.

2.2 HIPAA Compliance Requirements

As a Business Associate under HIPAA, we maintain strict requirements for user conduct related to PHI:

Users must maintain appropriate technical, physical, and administrative safeguards
Access to PHI must be limited to minimum necessary
Users must report any security incidents or breaches immediately
Users must comply with all applicable HIPAA requirements
Users must maintain appropriate documentation of disclosures

Users who are Covered Entities must:

Execute a BAA with Forward before submitting PHI
Obtain all necessary patient consents/authorizations
Restrict PHI disclosures to the minimum necessary

2.3 AI Voice Agent Usage Requirements

When utilizing our AI voice agent services, users must:

Provide accurate information for patient communications
Not attempt to manipulate or deceive the AI systems
Maintain appropriate documentation of patient interactions
Follow all applicable healthcare regulations
Report any system issues or concerns promptly

2.5 Acceptable Use Policy

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

2.5 Anti-Corruption and Anti-Bribery Compliance

Both the Service provider and users agree to comply with all applicable anti-corruption and anti-bribery laws, including but not limited to the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act. Users shall not engage in any activity that could be construed as a violation of these laws in connection with their use of the Service.

2.6 Feedback

If you provide Forward with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Forward all rights in such Feedback and agree that Forward shall have the right to use such Feedback and related information in any manner it deems appropriate. Forward will treat any Feedback you provide to Forward as non-confidential and non-proprietary. You agree that any information submitted to Forward is not confidential or proprietary.

3. Fees and Payment

3.1 Fees

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Forward information regarding your credit card or other payment instrument. You represent and warrant to Forward that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

3.2 Payment Terms

You agree to pay Forward the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Forward to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.

3.3 Price Changes

We reserve the right to change Forward's prices. If Forward does change prices, Forward will provide notice of the change on the Site or in email to you, at Forward's option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

3.4 Telemarking Restrictions

Calls for telemarketing purposes require prior express written consent. You are solely responsible for:

Scrubbing call lists against Do-Not-Call registries
Including your business name and contact info in calls
Honoring opt-out requests immediately (within 24 hours)

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Forward, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service.

In the event of an intellectual property infringement claim related to the Service, Forward reserves the right to investigate, respond to, and take appropriate legal action. Users must immediately notify Forward of any potential infringement and cooperate fully with Forward's response. Forward may modify, remove, or take legal action to protect its intellectual property rights, including terminating user access to the Service.

4.2 License Grant

Subject to these Terms of Service, Forward grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use. All intellectual property rights in the Service and any content created by the Service remain the exclusive property of Forward. These intellectual property provisions shall survive the termination or expiration of this agreement.

4.3 Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service
You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service
You shall not access the Service in order to build a similar or competitive website, product, or service
Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means

5. Third Party Websites and Content

5.1 Third Party Sites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Forward has no control over such sites and resources and Forward is not responsible for such sites and resources.

5.2 Third Party Content

Under no circumstances will Forward be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

The Service may incorporate third-party intellectual property. Any such third-party intellectual property remains the property of its respective owners and is used by Forward under license. The use of third-party intellectual property within the Service is subject to the terms and conditions set by the respective third-party owners, which may be different from these Terms of Service.

5.3 Third-Party Vendors

Forward may use subcontractors to provide the Services. A list of current subcontractors is available upon request. Users may object to new subcontractors within 30 days of notification, however, objection to subcontractors may result in the inability to provide the Service.

5.4 Third-Party Services

In using our platform, You may integrate with third-party systems such as electronic health record platforms (e.g., Epic, Athena). Forward is not liable for errors caused by third-party EHR data.

6. Indemnity and Release

Any claims arising from the use of Forward's services must be brought within one (1) year from the date of the incident giving rise to the claim. Claims not brought within this time frame will be permanently barred.

In no event shall Forward be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of the possibility of such damages. The total liability of Forward shall be limited to the amount paid by the user for the services.

You agree to release, indemnify and hold Forward and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, with a maximum liability cap of the total fees paid by the User in the preceding twelve (12) months, not to exceed $10,000, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. You agree to indemnify Forward for fines, penalties, or claims arising from your failure to comply with telemarketing laws (e.g. TCPA, FTSA).

7. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FORWARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Forward does not guarantee cost savings, claim approval rates, or specific results from AI voice agent services.

8. Limitation of Liability

FORWARD'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OR FORM OF ACTION, WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE OVER THE LAST 12 MONTHS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FORWARD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

This limitation does not apply to (a) breaches of confidentiality under HIPAA, (b) gross negligence, or (c) willful misconduct.

9. Termination

9.1 Termination by Forward

Forward, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Forward believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You may also terminate your account at any time by providing written notice to Forward.

9.2 Effect of Termination

Upon termination of your account, the following procedure shall be followed:

1. Forward will notify you of the termination via email.
2. You will have 7 days to download any personal data you wish to retain.
3. After 7 days, your account will be deactivated, and you will no longer have access to the Service.
4. Forward will securely delete all your personal data within 30 days of account deactivation, except as required by law or for legitimate business purposes.
5. You must uninstall any Forward software from your devices.
6. You must return or destroy any confidential information provided by Forward.

Following the termination procedure:

All licenses and rights to use the Service shall immediately terminate You will immediately cease all use of the Service Any fees paid hereunder shall be non-refundable All PHI will be handled in accordance with applicable HIPAA requirements Any provisions that by their nature should survive termination shall survive termination

10. Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

10.1 Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Forward, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.

10.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND FORWARD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FORWARD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

10.3 Pre-Arbitration Dispute Resolution

Forward is always interested in resolving disputes amicably and efficiently. If you feel that your concern has not been adequately addressed, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice").

10.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures.

11. Export Control

User acknowledges and agrees that the Services and related technology are subject to United States and international export control and trade sanctions laws. User agrees to comply with all applicable export and import laws and regulations, and shall not, directly or indirectly, export, re-export, transfer, or release the Services or related technology to any destination, entity, or person prohibited by such laws without proper authorization from the appropriate government authorities.

11. General

11.1 Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Forward without restriction.

11.2 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

11.3 Notification Procedures and Changes to the Terms

Forward may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Forward in our sole discretion.

11.4 Entire Agreement

These Terms of Service constitute the entire agreement between you and Forward and govern your use of the Service, superseding any prior agreements between you and Forward with respect to the Service.

Contact Information:

Forward Technologies, Inc.

1000 Brickell Ave Suite 715

PMB 1443

Miami, FL 33131

Email: contact@vodera.ai

Phone: +1 305-859-1217