1. Acceptance
These Terms of Service (“Terms”) govern your access to and use of Capture, operated by Capture (“we,” “us”). By creating an account or using the service, you agree to these Terms and to our Privacy Policy.
2. The service
Capture is an AI-assisted billing tool that produces CPT and ICD-10 code suggestions, modifier guidance, and operative-note enhancements from clinical text you submit. Suggestions are decision-support output and are not medical, billing, or legal advice. You are solely responsible for review, verification, and final coding, billing, and clinical decisions.
3. Eligibility and accounts
You must be at least 18 years old and authorized to use the service on behalf of any organization you represent. You are responsible for the security of your account credentials and for activity under your account.
4. PHI and HIPAA
You may submit Protected Health Information (PHI) only if you have authority to do so under HIPAA and applicable state law and you have a Business Associate Agreement (BAA) in effect with Capture. To request a BAA, email hello@joincapture.ai. In the event of a conflict between these Terms and a signed BAA, the BAA controls with respect to PHI.
Without a signed BAA, you must not submit PHI. The service’s in-product guidance instructs users to remove direct identifiers (patient name, date of birth, medical record number) before pasting clinical content; following that guidance does not, on its own, satisfy HIPAA de-identification standards.
5. Acceptable use
You agree not to:
- Use the service for any unlawful purpose, including fraudulent billing.
- Submit content you are not authorized to share.
- Reverse-engineer, decompile, or attempt to extract source code or model weights.
- Probe, scan, or test the vulnerability of the service except under a written authorization.
- Resell, sublicense, or expose the service to third parties without our written consent.
- Use the service to develop a competing AI medical-coding product.
6. Subscriptions and billing
Paid plans are billed via Stripe in advance on a monthly or other interval as shown at checkout. Subscriptions auto-renew until canceled. You may cancel at any time through the in-product billing portal; cancellation takes effect at the end of the current billing period and we do not provide refunds for unused time except where required by law. Prices may change with 30 days’ notice for the next billing period.
7. Intellectual property and license
We grant you a non-exclusive, non-transferable, revocable license to access and use the service for your internal business purposes during your subscription. You retain ownership of the clinical content you submit and the resolved coding decisions you make. We retain all rights in Capture, our prompts, models, and software.
You grant us a limited license to host, process, and display your submitted content solely to provide the service to you.
8. AI output disclaimer
The service produces AI-generated suggestions that may be incomplete, incorrect, or out of date. You are responsible for verifying any code, modifier, or documentation suggestion against current payer rules and your own clinical documentation before billing or submitting claims. The service does not replace a licensed coder, biller, compliance officer, attorney, or clinician.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAPTURE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS (USD $100).
11. Indemnification
You will defend and indemnify Capture from third-party claims arising from your breach of these Terms, your submission of content you were not authorized to share, your billing decisions or claims based on AI suggestions, and your violation of applicable law.
12. Termination
You may stop using the service at any time. We may suspend or terminate your access for breach of these Terms or to protect the service. On termination, sections that by their nature should survive (IP, disclaimers, limitations, indemnification, this section) will survive.
13. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Disputes will be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction there. This section does not limit any consumer right that cannot be waived under your local law.
14. Changes
We may update these Terms. Material changes will be communicated by email or in-product notice. Continued use of the service after the effective date constitutes acceptance.
15. Contact
Capture
Email: hello@joincapture.ai