Terms of Service

1. Eligibility and Account Registration

1.1 Eligibility

Our Services are intended for use by licensed healthcare facilities, medical professionals, and imaging centers. By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the authority to enter into these Terms on behalf of your organization
• Your use of the Services complies with all applicable laws and regulations
• Your facility maintains all required licenses and certifications

1.2 Account Registration

To access certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

2. Description of Services

Total Relief MD provides remote physician supervision services for diagnostic imaging centers, including but not limited to:

• Real-time audio/video physician supervision for contrast media administration
• Access to our proprietary HIPAA-compliant supervision platform
• Clinical protocol support and emergency guidance
• Compliance documentation and audit trails
• Staff training and protocol review

Our Services are designed to comply with CMS Virtual Direct Supervision requirements under 42 CFR § 410.32 and applicable state laws.

3. Service Level and Availability

3.1 Coverage Hours

Remote physician supervision is available during the hours specified in your service agreement. Standard coverage is available 6:00 AM to 10:00 PM, 7 days per week, unless otherwise agreed.

3.2 Response Time

We strive to connect your facility with a supervising physician within 2 minutes of initiating a supervision request. Response times may vary based on demand and circumstances beyond our control.

3.3 Service Interruptions

While we make every effort to ensure continuous service availability, we do not guarantee uninterrupted service. We may temporarily suspend access for maintenance, updates, or circumstances beyond our control.

4. Client Responsibilities

As a client of Total Relief MD, you agree to:

• Maintain qualified, trained staff at your facility during all supervised procedures
• Ensure on-site personnel are capable of recognizing and responding to contrast reactions
• Maintain emergency medications and equipment as required by ACR guidelines
• Provide accurate patient information to supervising physicians
• Comply with all applicable federal, state, and local regulations
• Execute required documentation, including Standing Delegation Orders (Texas) or Collaborative Practice Agreements (Louisiana)
• Maintain appropriate internet connectivity for real-time audio/video communication

5. Fees and Payment

5.1 Pricing

Fees for our Services are set forth in your service agreement. We offer flexible pricing based on facility volume and coverage requirements.

5.2 Payment Terms

Payment terms are specified in your service agreement. Late payments may result in service suspension and may accrue interest at the maximum rate permitted by law.

5.3 Refunds

Refund policies are outlined in your individual service agreement. Pre-paid services are generally non-refundable unless otherwise specified.

6. Intellectual Property

6.1 Our Property

The Total Relief MD platform, including all software, content, trademarks, and materials, is owned by Total Relief MD and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our platform solely for the purpose of receiving our Services.

7. Confidentiality and HIPAA Compliance

Both parties agree to maintain the confidentiality of all Protected Health Information (PHI) in accordance with HIPAA regulations. Our obligations regarding PHI are further detailed in:

• Our HIPAA Compliance Policy
• The Business Associate Agreement executed between the parties

8. Limitation of Liability

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL RELIEF MD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

8.3 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.4 Clinical Responsibility

While our physicians provide supervision and guidance, the ultimate responsibility for patient care remains with the on-site facility and its personnel. Our Services supplement, but do not replace, the facility's clinical responsibilities.

9. Indemnification

You agree to indemnify, defend, and hold harmless Total Relief MD, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Any negligent or wrongful acts by you or your personnel

10. Termination

10.1 Termination by You

You may terminate your account and these Terms at any time by providing written notice in accordance with your service agreement.

10.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice, for:

• Breach of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Conduct that could harm us, other users, or third parties

10.3 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including intellectual property, limitation of liability, and indemnification.

11. Dispute Resolution

11.1 Governing Law

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

11.2 Arbitration

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in Houston, Texas, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Effective Date." Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

13. General Provisions

• Entire Agreement: These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and Total Relief MD.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

For questions about these Terms of Service, please contact us at: