CoManix

Terms of Service

Effective Date: February 19, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CoManix, Inc., a Delaware corporation ("CoManix," "we," "us," or "our"), governing your access to and use of the CoManix platform, including our website, applications, APIs, and all related services (collectively, the "Service").

The Service is an AI-powered, HIPAA-compliant surgical co-management compliance platform designed for ophthalmology practices. It facilitates referral management, electronic consent collection, post-operative care coordination, and compliance documentation between treating providers and referring providers across separate offices.

1. Acceptance of Terms

By accessing or using the Service, creating an account, or clicking "I Agree" or any similar affirmative action, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of a company, practice, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" or "your" shall include that entity.

If you do not agree to these Terms, you must not access or use the Service.

These Terms are separate from and in addition to any Business Associate Agreement ("BAA") executed between you and CoManix. In the event of a conflict between these Terms and the BAA with respect to the handling of Protected Health Information ("PHI"), the BAA shall control.

2. Description of Service

CoManix provides a cloud-based platform that enables ophthalmology practices to manage the surgical co-management process in compliance with applicable federal and state regulations, including HIPAA. The Service includes, but is not limited to:

  • Referral Management: Creation, tracking, and coordination of patient referrals between referring providers (optometrists, ophthalmologists, and other physicians) and treating provider offices.
  • Electronic Consent Collection: Facilitation of four-party electronic signature consent workflows involving the patient, a witness, the treating provider, and the referring provider.
  • Post-Operative Care Coordination: Real-time tracking and documentation of post-operative visit status across offices.
  • AI-Powered Document Processing: Automated extraction of patient and clinical data from faxed visit reports to populate compliant referral and care coordination forms.
  • Audit and Compliance Reporting: Generation of audit-ready compliance reports documenting referral history, consent status, signature records, and care coordination activity.
  • Cross-Office Visibility: Shared access to referral statuses, consent documents, and care coordination data between authorized users at both the referring and surgical offices.

CoManix reserves the right to modify, update, or discontinue any feature or aspect of the Service at any time, with reasonable notice to affected Users where practicable.

3. Eligibility

The Service is intended exclusively for use by:

  • Licensed healthcare professionals, including but not limited to ophthalmologists, optometrists, and other physicians (MD/DO) who are authorized to practice in their respective jurisdictions;
  • Authorized administrative staff and practice managers acting under the direction and supervision of licensed healthcare professionals; and
  • Practice administrators authorized to manage accounts, offices, and users within their organization.

By creating an account, you represent and warrant that: (a) you are at least 18 years of age; (b) you are authorized by a covered entity or business associate (as defined under HIPAA) to access and use the Service; (c) your use of the Service complies with all applicable federal, state, and local laws and regulations; and (d) all information you provide during registration is accurate, current, and complete.

The Service is not intended for use by patients in any capacity beyond completing electronic consent documents through CoManix-generated signature requests.

4. Account Registration and Security

4.1 Account Creation

To access the Service, you must create an account by providing accurate and complete registration information, including your name, email address, professional credentials, and practice affiliation. Authentication is managed through a HIPAA-eligible cloud-based identity provider. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4.2 Account Security

You agree to: (a) select a strong, unique password; (b) not share your account credentials with any other person; (c) immediately notify CoManix of any unauthorized use of your account or any other breach of security; and (d) ensure that you log out of your account at the end of each session, particularly when using shared devices.

CoManix implements automatic session timeouts in accordance with HIPAA Security Rule requirements (45 C.F.R. § 164.312(a)(2)(iii)) to protect against unauthorized access to PHI through unattended workstations.

4.3 Role-Based Access Control

Access to the Service is governed by role-based access controls with office-level isolation. Users are assigned roles (e.g., provider, staff, practice administrator) that determine the scope of their access to patient data and platform functionality, consistent with the HIPAA minimum necessary standard (45 C.F.R. § 164.502(b)). Users may only access data associated with the offices to which they have been authorized.

4.4 Account Administration

Practice administrators and company administrators are responsible for managing user accounts within their organization, including inviting new users, assigning roles, and promptly deactivating accounts when a user's authorization to access PHI is revoked (e.g., upon termination of employment or change in role). Failure to promptly deactivate accounts may constitute a HIPAA violation for which you, as the covered entity, bear responsibility.

5. Acceptable Use Policy

You agree to use the Service only for its intended purpose of managing surgical co-management workflows in compliance with all applicable laws, including HIPAA, and in accordance with these Terms. You shall not:

  • Use the Service for any purpose other than lawful surgical co-management activities in ophthalmology;
  • Access, use, or disclose PHI except as permitted under HIPAA and your organization's policies, and only to the minimum extent necessary to accomplish the intended purpose (45 C.F.R. § 164.502(b));
  • Attempt to gain unauthorized access to the Service, other users' accounts, or any systems or networks connected to the Service;
  • Share, transfer, or disclose your login credentials to any third party;
  • Use the Service to transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
  • Use automated scripts, bots, or crawlers to access the Service, except through documented APIs with proper authorization;
  • Interfere with or disrupt the integrity, performance, or availability of the Service;
  • Upload or transmit any viruses, malware, or other harmful code;
  • Use the Service to store or process data that is not related to surgical co-management or that violates applicable law; or
  • Use the Service in any manner that could create liability for CoManix or impair the Service for other users.

As a HIPAA covered entity or business associate, you acknowledge your independent obligation to comply with the HIPAA Privacy Rule (45 C.F.R. Part 160 and Subparts A and E of Part 164), Security Rule (45 C.F.R. Part 160 and Subparts A and C of Part 164), and Breach Notification Rule (45 C.F.R. Part 160 and Subpart D of Part 164). Your use of the Service does not relieve you of these obligations.

6. Protected Health Information and Data Ownership

6.1 Customer Data Ownership

You retain all right, title, and interest in and to all data, including PHI, that you or your authorized users submit, upload, transmit, or otherwise make available through the Service ("Customer Data"). CoManix does not claim ownership of Customer Data.

6.2 Business Associate Relationship

To the extent that CoManix creates, receives, maintains, or transmits PHI on your behalf, CoManix acts as a Business Associate as defined under HIPAA (45 C.F.R. § 160.103). The specific terms governing CoManix's obligations as a Business Associate are set forth in the separately executed Business Associate Agreement ("BAA") between you and CoManix. You must execute a BAA with CoManix prior to transmitting any PHI through the Service.

6.3 Permitted Uses of Customer Data

CoManix will use Customer Data solely for the purpose of providing, maintaining, and improving the Service, and as otherwise permitted under the BAA. CoManix will not: (a) sell, rent, lease, or otherwise commercially exploit Customer Data; (b) use Customer Data for marketing, advertising, or any purpose unrelated to the Service; or (c) share Customer Data with third parties except as required to provide the Service, as required by law, or as expressly authorized by you.

6.4 De-identified and Aggregated Data

CoManix may create de-identified data from Customer Data in accordance with the de-identification standards set forth in 45 C.F.R. § 164.514(a)–(c). Such de-identified data is not PHI and may be used by CoManix for product improvement, analytics, and research purposes. De-identification will be performed using either the Expert Determination method or the Safe Harbor method as described in HIPAA.

6.5 Data Retention

CoManix retains Customer Data, including PHI, for a minimum of six (6) years from the date of creation or last effective date, as required under HIPAA (45 C.F.R. § 164.530(j)). Data marked for deletion within the Service is excluded from normal use but retained until the applicable retention period has expired, at which point it is permanently destroyed. Audit logs are maintained as immutable, append-only records and are never modified or deleted.

7. AI-Powered Features

7.1 AI Document Processing

The Service includes AI-powered features that process faxed visit reports and other clinical documents to extract patient information and populate referral and care coordination forms. These AI features rely on HIPAA-eligible third-party AI providers under executed Business Associate Agreements. All such providers are contractually obligated to maintain the confidentiality and security of PHI in accordance with HIPAA. The current AI provider is identified in the BAA package available to customers.

7.2 Accuracy Disclaimer

AI-generated outputs are not guaranteed to be accurate, complete, or error-free.

While CoManix employs commercially reasonable efforts to ensure the accuracy of AI-powered document extraction, artificial intelligence systems are inherently probabilistic and may produce errors, omissions, or inaccuracies. AI-extracted data may include incorrect patient names, dates of birth, diagnoses, clinical findings, or other information.

7.3 Human Review Requirement

You acknowledge and agree that all AI-generated outputs, including but not limited to extracted patient data, populated form fields, and generated compliance documents, must be reviewed, verified, and approved by a qualified, authorized human user before being relied upon or submitted. The responsibility for the accuracy and completeness of all information entered into the Service, whether manually or through AI-assisted processing, rests solely with you. CoManix is not liable for any errors, omissions, or adverse outcomes arising from reliance on unverified AI-generated outputs.

7.4 No Clinical Decision Support

The AI features of the Service are designed solely for administrative document processing and data extraction. They do not provide clinical decision support, diagnostic recommendations, treatment suggestions, or any form of medical advice. The Service is not a medical device and has not been cleared or approved by the U.S. Food and Drug Administration.

8. Subscription and Payment

8.1 Subscription Plans

Access to the Service is provided on a subscription basis. The specific features, usage limits, and pricing applicable to your subscription are set forth in the applicable order form, statement of work, or pricing schedule agreed upon between you and CoManix (the "Subscription Plan"). CoManix reserves the right to modify its pricing with thirty (30) days' prior written notice. Any price changes will take effect at the beginning of your next renewal period.

8.2 Payment Terms

You agree to pay all fees associated with your Subscription Plan in accordance with the payment terms specified therein. All fees are non-refundable except as expressly provided in these Terms or as required by applicable law. Fees are exclusive of all taxes, and you are responsible for paying all applicable taxes, except for taxes based on CoManix's net income.

8.3 Late Payment

If any invoice is not paid within thirty (30) days of the due date, CoManix may: (a) charge interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law; (b) suspend access to the Service until payment is received; or (c) terminate your subscription in accordance with Section 12. Suspension or termination for non-payment does not relieve you of your obligation to pay all outstanding fees.

9. Intellectual Property

9.1 CoManix Intellectual Property

The Service, including its software, algorithms, AI models and configurations, user interface, design, documentation, and all related intellectual property rights, are and shall remain the exclusive property of CoManix or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription period, solely for your internal business purposes and in accordance with these Terms.

9.2 Restrictions

You may not: (a) sublicense, sell, resell, transfer, assign, or distribute the Service or any rights therein; (b) modify, adapt, or create derivative works based on the Service; (c) copy, frame, or mirror any portion of the Service; (d) access the Service to build a competitive product or service; or (e) use the Service for any benchmarking or competitive analysis purposes without CoManix's prior written consent.

9.3 Feedback

If you provide CoManix with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Service ("Feedback"), you grant CoManix a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and incorporate such Feedback into the Service without any obligation of compensation or attribution to you. Feedback shall not include Customer Data or PHI.

9.4 Trademarks

"CoManix" and all related names, logos, product and service names, designs, and slogans are trademarks of CoManix, Inc. or its affiliates. You may not use such marks without the prior written permission of CoManix.

10. Disclaimers and Limitation of Liability

10.1 No Medical Advice

CoManix is a compliance and workflow platform. It is not a healthcare provider, does not practice medicine, and does not provide medical advice, diagnosis, or treatment recommendations.

The Service facilitates administrative and compliance workflows between healthcare providers. All clinical decisions, including referral decisions, treatment plans, and patient care judgments, are made solely by the licensed healthcare professionals using the Service. CoManix bears no responsibility for clinical outcomes resulting from decisions made by users of the Service.

10.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMANIX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. COMANIX DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED OUTPUTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMANIX OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMANIX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF COMANIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMANIX'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO COMANIX DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

10.4 Basis of the Bargain

You acknowledge that CoManix has set its prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which form an essential basis of the bargain between the parties. The parties agree that these limitations are reasonable allocations of risk.

11. Indemnification

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless CoManix, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or regulation, including HIPAA; (d) your negligence or willful misconduct; (e) any PHI or other data you submit to the Service; or (f) any claim by a third party (including patients) relating to your use of the Service.

11.2 CoManix Indemnification Obligations

CoManix agrees to indemnify, defend, and hold harmless you and your officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) CoManix's material breach of these Terms; (b) CoManix's violation of applicable law, including HIPAA; or (c) any claim that the Service infringes or misappropriates a third party's intellectual property rights, provided that such claim does not arise from your Customer Data or your modification or misuse of the Service.

11.3 Indemnification Procedure

The indemnified party shall: (a) promptly notify the indemnifying party of the claim in writing; (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation to the indemnifying party in the defense of the claim, at the indemnifying party's expense. The indemnifying party shall not settle any claim in a manner that imposes obligations on the indemnified party without the indemnified party's prior written consent.

12. Term and Termination

12.1 Term

These Terms are effective as of the date you first access or use the Service and continue until terminated by either party in accordance with this Section. Your subscription term is as set forth in your Subscription Plan and will automatically renew for successive periods of the same duration unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

12.2 Termination for Convenience

Either party may terminate these Terms and the associated subscription for convenience by providing at least thirty (30) days' prior written notice to the other party. Termination for convenience by you does not entitle you to a refund of any prepaid fees for the remainder of the then-current subscription term unless otherwise specified in your Subscription Plan.

12.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice thereof; (b) becomes insolvent, files for bankruptcy, or has a receiver appointed for its assets; or (c) commits a HIPAA violation that materially impacts the security or privacy of PHI.

12.4 Effect of Termination

Upon termination or expiration of these Terms:

  • Your right to access and use the Service will immediately cease;
  • You shall pay all outstanding fees accrued prior to the effective date of termination;
  • Sections 6, 7.2, 7.3, 9, 10, 11, 14, and this Section 12.4 shall survive termination; and
  • The BAA shall continue to govern the handling of PHI following termination, as specified therein.

12.5 Data Export and Return

Upon termination or expiration of these Terms, you may request a copy of your Customer Data, including PHI, within thirty (30) days of the effective termination date. CoManix will provide your Customer Data in a commercially reasonable, machine-readable format. After the thirty (30) day period, CoManix will continue to retain Customer Data in accordance with the data retention obligations set forth in Section 6.5 and the BAA, but will restrict access to such data. CoManix will not permanently delete PHI until the applicable HIPAA retention period has expired, consistent with 45 C.F.R. § 164.530(j).

13. HIPAA Compliance Obligations

13.1 Mutual Commitment

Both parties acknowledge the importance of protecting the privacy and security of PHI and commit to complying with all applicable provisions of HIPAA, including the Privacy Rule, Security Rule, and Breach Notification Rule, as well as any applicable state privacy laws that impose more stringent requirements.

13.2 CoManix Obligations

As a Business Associate, CoManix agrees to:

  • Implement and maintain administrative, physical, and technical safeguards as required by the HIPAA Security Rule (45 C.F.R. §§ 164.308, 164.310, 164.312) to protect PHI;
  • Encrypt all PHI in transit using TLS 1.2 or higher and at rest using industry-standard encryption that meets or exceeds NIST recommendations;
  • Maintain an immutable, append-only audit trail of all access to PHI, including the identity of the user, the action performed, and the date and time of the action;
  • Enforce role-based access controls with office-level isolation, consistent with the minimum necessary standard (45 C.F.R. § 164.502(b));
  • Host all PHI on cloud infrastructure located within the United States, under an executed BAA with the cloud provider;
  • Ensure that all subcontractors and third-party service providers that receive, create, maintain, or transmit PHI on behalf of CoManix have executed Business Associate Agreements (45 C.F.R. § 164.308(b)(1)). The current list of Business Associates is provided as part of the BAA package made available to customers;
  • Report any Security Incident or Breach of Unsecured PHI (as defined in 45 C.F.R. § 164.402) to you without unreasonable delay and in no event later than sixty (60) calendar days after discovery, as further specified in the BAA;
  • Implement automatic session timeouts to prevent unauthorized access through unattended workstations (45 C.F.R. § 164.312(a)(2)(iii)); and
  • Retain PHI for a minimum of six (6) years as required under HIPAA (45 C.F.R. § 164.530(j)).

13.3 Your Obligations

As a Covered Entity or Business Associate, you agree to:

  • Execute a BAA with CoManix prior to transmitting any PHI through the Service;
  • Ensure that your workforce members who access the Service have received appropriate HIPAA training and are authorized to access PHI;
  • Implement and maintain your own administrative, physical, and technical safeguards as required by the HIPAA Security Rule;
  • Promptly deactivate user accounts when an individual's authorization to access PHI is revoked;
  • Obtain all necessary patient consents and authorizations required under HIPAA and applicable state law before transmitting PHI through the Service;
  • Notify CoManix promptly of any restrictions on the use or disclosure of PHI to which you have agreed or are required to comply;
  • Verify the accuracy and completeness of all data, including AI-processed data, before relying upon or submitting it; and
  • Report any suspected Security Incident or Breach involving PHI to CoManix promptly upon discovery.

13.4 Breach Notification

In the event of a Breach of Unsecured PHI (as defined in 45 C.F.R. § 164.402), both parties agree to cooperate fully in the investigation, mitigation, and notification process as required under the HIPAA Breach Notification Rule (45 C.F.R. Part 164, Subpart D). Specific breach notification obligations and timelines are set forth in the BAA.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

14.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to attempt to resolve any dispute arising out of or relating to these Terms informally by contacting each other and negotiating in good faith for a period of at least thirty (30) days.

14.3 Arbitration

If the parties are unable to resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the seat of arbitration shall be Wilmington, Delaware. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

14.4 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. You expressly waive any right to participate in a class action or class-wide arbitration.

14.5 Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or the unauthorized disclosure of PHI.

15. Changes to Terms

CoManix reserves the right to modify these Terms at any time. We will provide notice of material changes by: (a) posting the revised Terms on our website with an updated "Effective Date"; (b) sending an email notification to the address associated with your account; or (c) displaying a prominent notice within the Service. Material changes will become effective thirty (30) days after such notice, unless the change is required by law, in which case it may take effect immediately.

Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account in accordance with Section 12.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, the BAA, and any applicable Subscription Plan, constitute the entire agreement between you and CoManix with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

16.3 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

16.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of CoManix. CoManix may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet outages, or third-party service disruptions. However, this provision does not relieve either party of its obligations under HIPAA with respect to the protection of PHI.

16.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) sent by certified or registered mail, return receipt requested, postage prepaid. Notices to CoManix shall be sent to the contact information set forth in Section 17. Notices to you shall be sent to the email address associated with your account.

16.7 Independent Contractors

The relationship between you and CoManix is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties.

16.8 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except that patients whose PHI is processed through the Service retain all rights afforded to them under HIPAA and applicable state law.

17. Contact Information

If you have any questions, concerns, or notices regarding these Terms, please contact us at:

CoManix, Inc.
Attn: Legal Department
Email: legal@comanix.com

For HIPAA-related inquiries, including breach notifications and requests related to PHI, please contact our Privacy Officer at legal@comanix.com.