Terms of Service

Effective Date: May 23, 2026

Last Updated: May 23, 2026

These Terms of Service (these “Terms”) set out the conditions under which Census Health, Inc. (“Census Health,” “we,” “us,” or “our”) makes available its website at https://census.health (the “Website”) and its cloud-based healthcare platform and associated services (the “Service”). They form a binding agreement between Census Health and the person or organization accessing the Website or Service (“you”).

Accessing the Website or using the Service signifies that you accept these Terms in full. If you are entering into these Terms on behalf of an organization, you confirm that you are authorized to bind that organization. If you do not accept these Terms, you should not access the Website or use the Service.

1. Definitions

In these Terms, the following capitalized words have the meanings given below:

“Customer” refers to an organization that has entered into a subscription arrangement with Census Health to use the Service.

“Authorized User” refers to a person a Customer permits to use the Service on its behalf, such as an employee or contractor.

“Service” refers to the Census Health hosted platform — which includes customer relationship management (CRM), electronic health record (EHR), and revenue cycle management (RCM) capabilities — together with any related applications, programming interfaces, and supporting documentation.

“Website” refers to census.health and any of its subdomains.

“Content” refers to data, text, records, images, and other materials that are submitted to, stored in, processed by, or produced through the Service.

“Subscription Agreement” refers to the separate written agreement (such as a Master Subscription Agreement and any order form) under which a Customer is granted access to the Service.

2. Use of the Website

2.1 Eligibility

The Website and Service are available only to individuals who are 18 years of age or older. By accessing either, you confirm that you meet this age requirement.

2.2 Website Access

We provide you a limited, revocable, non-exclusive, and non-transferable right to view and use the Website for general informational purposes. We may add to, change, restrict, or withdraw any portion of the Website at our discretion and without advance notice.

2.3 Accuracy of Information

Although we take reasonable care to keep the Website current and correct, we do not guarantee that everything published on it is complete or free of error. Features, prices, and availability described on the Website may change at any time.

3. The Service

3.1 Relationship to the Subscription Agreement

Use of the Service is provided under a Subscription Agreement between Census Health and a Customer, and these Terms supplement that agreement for anyone who accesses the Service. Where these Terms and a Subscription Agreement address the same subject and cannot be read together, the Subscription Agreement prevails as to the Service.

3.2 Accounts and Credentials

Using the Service requires an account. You agree to supply accurate and complete registration details and to keep them up to date. You are responsible for safeguarding your login credentials and for activity carried out through your account, and you agree to let us know without delay if you suspect any unauthorized access.

3.3 Acceptable Use

When using the Website or Service, you agree that you will not:

  • Use either the Website or the Service in any way that breaks the law or that violates any regulation that applies to you;
  • Seek to access areas of the Service, other users' accounts, or connected systems and networks that you are not authorized to reach;
  • Take any action that degrades, overloads, or otherwise impairs how the Service operates;
  • Introduce malware, viruses, or any other code intended to cause harm or disruption;
  • Deploy bots, scrapers, crawlers, or similar automated tools against the Website or Service beyond what is reasonable or expressly allowed by our robots.txt file;
  • Attempt to reverse engineer, decompile, or otherwise derive the source code or underlying structure of the Service;
  • Upload or transmit material through the Service that infringes another party's intellectual property or other rights; or
  • Make the Service available to, or resell or sublicense it to, any third party except as your Subscription Agreement allows.

4. Intellectual Property

4.1 Census Health Property

Census Health and its licensors hold all rights in the Website, the Service, and the software, designs, text, trademarks, logos, and documentation that make them up. These Terms transfer no ownership to you and grant no rights in our intellectual property beyond those we state expressly.

4.2 Your Content

Ownership of the Content you submit to or generate within the Service stays with you. So that we can deliver and maintain the Service, you grant Census Health a non-exclusive license to host, process, and use that Content for that purpose, in line with the applicable Subscription Agreement and Business Associate Agreement.

4.3 Feedback

Should you share comments, suggestions, or ideas about the Website or Service, we are free to use them for any purpose without owing you any compensation or acknowledgment.

5. Privacy and Data Protection

5.1 Privacy Policy

How we handle personal information is described in our Privacy Policy, located at https://census.health/privacy. Your use of the Website or Service indicates that you have reviewed and understood that policy.

5.2 HIPAA and Protected Health Information

The Service is built for healthcare providers and organizations that act as covered entities or business associates under the Health Insurance Portability and Accountability Act of 1996 and its regulations (“HIPAA”). To the extent we handle Protected Health Information (“PHI”) for a Customer through the Service, we do so under a Business Associate Agreement (“BAA”) that the parties sign and that becomes part of the applicable Subscription Agreement. Each Customer remains responsible for using the Service in a way that meets its own obligations under HIPAA and other applicable healthcare privacy laws at the federal and state level.

5.3 Security Measures

We maintain administrative, physical, and technical safeguards that are commercially reasonable for an organization of our size and stage and that are designed to protect the security and integrity of data held in the Service. We can provide further information about these measures on request.

6. Third-Party Services

The Website or Service may link to, or work together with, products and services operated by others. We do not control those third-party offerings and are not responsible for their content, terms, or conduct. Any use you make of them is at your own risk and is governed by their own terms and policies. Where we rely on sub-processors to deliver the Service, they are addressed in the applicable Subscription Agreement and BAA.

7. Disclaimers

7.1 Provided “As Is”

The website is made available on an “as is” and “as available” basis. To the extent the law allows, Census Health disclaims all warranties of any kind regarding the Website, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that applies to the Service is stated in the applicable Subscription Agreement and not in these Terms.

7.2 Not Medical Advice

The Website and Service do not provide medical advice, diagnosis, or treatment. The Service is software that supports healthcare providers and organizations; it is not a substitute for professional clinical judgment. Providers that use the Service keep full responsibility for the clinical decisions they make.

7.3 Availability

We do not promise that the Website or Service will run without interruption or be entirely free of errors or harmful components, and we may change or retire any feature at any time.

8. Limitation of Liability

To the fullest extent permitted by law, neither Census Health nor its officers, directors, employees, or agents will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenue, data, or goodwill, arising out of or connected with your use of or inability to use the Website or Service, regardless of the legal theory on which the claim is based.

To the fullest extent permitted by law, our total liability for any and all claims relating to the Website will not exceed one hundred U.S. dollars ($100). Liability arising in connection with the Service is addressed exclusively in the applicable Subscription Agreement.

9. Indemnification

You agree to defend and indemnify Census Health and its officers, directors, employees, and agents against any third-party claims, together with the resulting liabilities, losses, and reasonable legal costs, that arise out of (a) your use of the Website or Service in a manner that breaches these Terms, (b) your failure to comply with a law or regulation that applies to you, or (c) Content you submit or transmit.

10. Term and Termination

We may limit, suspend, or end your access to the Website or Service at any time, with or without cause and with or without notice. When access ends, your right to use the Website and Service stops immediately. The provisions of these Terms that are intended to outlast termination — including Sections 4, 5, 7, 8, 9, 10, 11, and 12 — will continue to apply. Ending your access to the Website does not change a Customer's rights or obligations under a Subscription Agreement or BAA, which are governed by their own terms.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of Delaware, disregarding any conflict-of-law rules that would apply another jurisdiction's law.

11.2 Resolving Disputes

If a dispute arises out of these Terms or your use of the Website, the parties will first try to resolve it through good-faith discussions. Where those discussions do not produce a resolution within thirty (30) days, the dispute will be settled by binding arbitration before the American Arbitration Association under its Commercial Arbitration Rules, seated in Delaware, with each party responsible for its own costs and the arbitrator's decision being final. Nothing here prevents either party from asking a court for injunctive or other equitable relief to protect its intellectual property or confidential information.

11.3 No Class Actions

Disputes will be handled only on an individual basis. You agree not to start or take part in any class, consolidated, or representative proceeding against Census Health.

12. General Provisions

Entire Agreement. Together with our Privacy Policy and any applicable Subscription Agreement, these Terms represent the complete agreement between you and Census Health on their subject matter.

Order of Precedence. If there is a conflict among these documents, the BAA controls for matters involving PHI, the Subscription Agreement controls for other matters concerning the Service, and these Terms govern use of the Website.

Severability. If a provision of these Terms is held unenforceable, the rest of the Terms stay in effect.

Waiver. If we do not enforce a provision on a given occasion, that does not waive our right to enforce it later.

Assignment. You may not transfer your rights or obligations under these Terms without our written consent; we may assign ours freely.

Force Majeure. We are not responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, pandemics, war, terrorism, labor disputes, government action, or disruptions to the internet.

Interpretation. References to the “Service” and the “Website” include the individual products and product-specific websites that Census Health makes available and that link to or reference these Terms (for example, censuscrm.com, censusrcm.com, and censusemr.com), except where a product-specific notice expressly provides otherwise. Headings are for convenience only and do not affect interpretation.

13. Changes to These Terms

We may revise these Terms periodically. If we make a material change, we will revise the “Last Updated” date above and, when appropriate, give notice by email or through the Website. Continuing to use the Website or Service after a change takes effect means you accept the revised Terms.

14. Contact Us

Questions about these Terms can be directed to:

Census Health, Inc.

Email: legal@census.health

Website: https://census.health