Terms of Service

These Terms of Service (the “Terms”) are an agreement between Marsa Health (“Marsa Health”, “we”, “us”) and the organization you represent (“Customer”, “you”). By accessing the Marsa Health website, requesting a demo, or using the Marsa Health workspace (together, the “Service”), you accept these Terms on behalf of your organization and represent that you have authority to do so. Workspace access is provisioned by us at your organization’s request, and acceptance of these Terms is a condition of that provisioning.

If your organization has signed a separate order form, pilot agreement, or master services agreement with us, that signed agreement controls where it conflicts with these Terms.

Marsa Health is a business-to-business payer-operations workspace for behavioral-health provider organizations. The Service helps administrative teams organize and complete payer-facing work such as prior authorization, denial appeals, benefits verification, intake routing, and credentialing.

The Service is not an electronic health record, does not provide medical advice, and does not perform clinical decision-making. Where the Service produces AI-assisted drafts (for example, a draft appeal letter), those drafts are machine-generated working material: they may contain errors or omissions, a named human on your team reviews and approves any material before it is used, and nothing is submitted to a payer automatically. You are responsible for verifying payer citations, policy references, and clinical facts before relying on any draft.

The guides, checklists, templates, and calculators we publish on the Site are free operator resources. We grant you a non-exclusive, royalty-free license to use, copy, print, and adapt them for your organization’s internal operations — that is what they are for. Attribution is appreciated but not required.

This license does not permit republishing or reselling the resources (or adaptations of them) as your own content library or product, representing them as your organization’s authorship for commercial distribution, or using them to train machine-learning models.

The resources and calculators are educational material about payer operations. They are not medical, legal, billing, or coding advice; calculator results are illustrative estimates computed from the numbers you enter, with their assumptions stated on each tool. Requirements vary by payer, plan, program, state, and contract — verify against the controlling documents before acting.

The Service is intended for use by organizations, not consumers. Access to the workspace is provisioned per organization — there is no self-service signup; each user account belongs to an organization and can access only that organization’s data.

You are responsible for maintaining the confidentiality of credentials issued to your users, for the activity that occurs under those credentials, and for promptly notifying us of any suspected unauthorized access. You agree to provide accurate account and contact information and to keep it current.

You agree not to, and not to permit anyone to:

• use the Service in violation of applicable law, including healthcare privacy law and payer program rules;
• submit protected health information to the Service outside a production deployment covered by a business associate agreement (see Section 6);
• attempt to access data belonging to another organization, probe or circumvent access controls, or interfere with the integrity or performance of the Service;
• reverse engineer, copy, resell, or sublicense the Service, or use it to build a competing product;
• use the Service to generate content that is fraudulent or misrepresents clinical facts to a payer;
• upload malicious code, use automated means to scrape the Service or the Site, or use the Service, the Site, or their output to train machine-learning models.

As between the parties, you own the data your organization submits to the Service (“Customer Data”). We use Customer Data only to provide, secure, and support the Service, and as otherwise agreed in writing. We do not use Customer Data to train foundation models or other general-purpose AI models; where an AI feature processes your inputs, it does so to produce output for you.

A signed business associate agreement (BAA) is required before the Service receives, stores, or transmits protected health information on your behalf in any production deployment. Until a BAA is in place for your organization, you agree not to enter PHI into the Service, including through demos, forms, or trial environments. For substance-use disorder programs, records subject to 42 CFR Part 2 are handled under the additional terms of the applicable agreement.

The Service interoperates with third-party services such as payer portals, clearinghouses, and infrastructure providers. Your use of a third-party service is governed by that provider’s own terms. We maintain a list of subprocessors that handle Customer Data and review vendors before any new processor touches regulated data; the current list is available on request through our security page contact.

We own the Service, including its software, design, and documentation, and all related intellectual-property rights. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business operations during your subscription or pilot term. The free operator resources on the Site are licensed separately under Section 3.

You retain all rights in Customer Data. If you send us feedback or suggestions, we may use them to improve the Service without obligation to you, provided we never disclose your confidential information in doing so.

Each party may receive non-public information from the other in connection with the Service (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it to third parties except to employees and contractors who need it and are bound by comparable obligations, or where disclosure is required by law with notice to the other party where lawful.

Fees, billing frequency, and payment terms are set out in the applicable order form or pilot agreement. Published pricing is a starting point; final pricing depends on volume, integrations, and service level. Except as stated in your agreement or required by law, fees are non-refundable, and you are responsible for applicable taxes other than taxes on our income.

During any pilot or evaluation period, the Service is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

The Service and the Site do not provide medical, legal, or billing advice. Output of the Service, including AI-assisted drafts, is administrative work product that requires review by your qualified staff. You are responsible for the accuracy of anything your organization submits to a payer and for compliance with payer requirements and applicable law.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility. Except for breaches of Section 6 (Customer data and PHI) or Section 9 (Confidentiality), a party’s indemnification obligations, or amounts you owe under an order form, each party’s total liability arising out of or related to these Terms is limited to the fees paid or payable by you to us in the twelve months before the event giving rise to the claim, or one hundred dollars if you have paid no fees.

You will defend and indemnify us against third-party claims arising from Customer Data, your use of the Service in violation of these Terms or applicable law, or materials your organization submits to a payer. We will defend and indemnify you against third-party claims that the Service, as provided by us and used as permitted, infringes that third party’s intellectual-property rights. The indemnified party must give prompt notice, reasonable cooperation, and sole control of the defense to the indemnifying party.

These Terms apply while you use the Service. Subscriptions and pilots run for the term stated in the applicable order form or pilot agreement. Either party may terminate for material breach if the breach is not cured within thirty days of written notice, and either party may terminate a pilot as described in the pilot agreement.

On termination or expiration, we will make Customer Data available for export in a commonly used format for at least thirty days, after which we will delete Customer Data from active systems within a commercially reasonable period, except as retention is required by law or the applicable BAA.

We may update these Terms from time to time. If a change is material, we will give notice — for example, by email to your account contact or a notice in the Service — before it takes effect. Continued use of the Service after the effective date constitutes acceptance. Changes do not modify a signed agreement unless agreed in writing.

These Terms, together with any signed agreement and the Privacy Policy, are the entire agreement between the parties about the Service and supersede prior discussions. If a provision is found unenforceable, the remainder stays in effect. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. A failure to enforce a provision is not a waiver. You agree to comply with applicable export-control and sanctions laws in using the Service.

These Terms are governed by the laws of the state in which Marsa Health is organized, without regard to conflict-of-laws principles. The state and federal courts of that state have exclusive jurisdiction over disputes arising out of these Terms, and each party consents to venue there.

Questions about these Terms can be sent to team@buildalytic.com or through the contact page.