Terms of Service

Last Updated: January 1, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding legal agreement between you ("User," "Customer," or "you") and ER Screen LLC dba ProCode ("ProCode," "we," or "us"), a Utah limited liability company.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver, you may not use the Service.

Geographic Restriction: The Services are controlled and operated from the United States. We make no representation that the Services are appropriate for use in other locations. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

2. Description of Services & Usage Rules

ProCode offers a suite of medical coding productivity tools. The rules for using data differ depending on which product you are accessing:

ProCode Explorer

A visual tree hierarchy explorer with search tools for ICD-10 and CPT navigation.

⛔ NO PHI PERMITTED: You agree NOT to enter Protected Health Information (patient names, DOBs, MRNs) into the ProCode Explorer search bar. This tool is for reference only.

ProCode AI

An AI analysis tool allowing uploads of clinical notes and documents for coding suggestions.

✅ PHI PERMITTED: Use of this tool with PHI is governed by the BAA (Exhibit A).

*ProCode Enterprise includes additional workflow features (worklists, teams, batch processing) and may be governed by a separate Master Services Agreement (MSA). If an MSA exists, it supersedes these Terms where they conflict.

3. AMA CPT® License & Restrictions

Mandatory Disclosure for CPT Users:

The Services utilize Current Procedural Terminology (CPT®) content, which is copyrighted © 2025 by the American Medical Association (AMA). All rights reserved. CPT is a registered trademark of the AMA.

ProCode is an authorized distributor of CPT content. By using the Services, you acknowledge and agree to the following AMA-mandated terms:

  1. Internal Use Only: You are granted a limited, non-exclusive, non-transferable license to use CPT content solely for your own internal medical coding and billing operations within the United States.
  2. No Third-Party Transfer: You may not publish, distribute, sublicense, or create derivative works from CPT content.
  3. Consent to Release Name: You expressly consent to the release of your name (and your organization's name, if applicable) to the AMA for the purpose of verifying compliance with this license.
  4. U.S. Government Rights: CPT is commercial technical data, which was developed exclusively at private expense by the AMA. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) and/or subject to the restrictions of DFARS 227.7202-1(a) and DFARS 227.7202-3(a) applicable to U.S. Department of Defense procurements.
  5. No Warranty: CPT content is provided "as is" without warranty of any kind, express or implied. The AMA assumes no liability for data contained or not contained herein.

4. Data Rights & De-Identification (ProCode AI)

When you use ProCode AI, we need specific rights to process your data to provide and improve the service.

  • Your Ownership: You retain ownership of your original clinical notes ("Customer Data").
  • License to Process: You grant ProCode a worldwide, royalty-free license to use Customer Data solely to provide the Services (e.g., generating code suggestions) and to perform de-identification.
  • Snippet Retention (The "Improvement" Clause): You acknowledge and agree that ProCode may de-identify Customer Data using automated methods (including LLMs) to create "De-Identified Data" in accordance with HIPAA Safe Harbor standards. ProCode shall own all right, title, and interest in such De-Identified Data (e.g., anonymous clinical snippets and associated codes), and may retain it in perpetuity for machine learning training, benchmarking, and product improvement.

5. Human-in-the-Loop Warranty

ProCode is a productivity tool, not a medical provider. You warrant that you are a qualified professional. You agree to:

  • Review every AI-generated code against the original medical record.
  • Independently verify medical necessity before billing.
  • Assume sole responsibility for any denied claims, audits, or fines resulting from your use of the Service.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ER SCREEN LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR DENIED CLAIMS).

OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE TOTAL AMOUNT PAID BY YOU TO PROCODE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7. Governing Law

These Terms are governed by the laws of the State of Utah. Any disputes shall be resolved in the state or federal courts located in Salt Lake County, Utah.

Exhibit A: Business Associate Agreement (BAA)

This BAA applies automatically to your use of ProCode AI if you are a Covered Entity or Business Associate under HIPAA. It does not apply to ProCode Explorer usage where PHI is prohibited.

HIPAA BUSINESS ASSOCIATE AGREEMENT

This Business Associate Agreement ("BAA") is entered into between ER Screen LLC dba ProCode ("Business Associate") and the User ("Covered Entity") effective as of the date the User accesses ProCode AI.

1. Definitions. Terms used but not defined herein shall have the same meaning as those terms in the HIPAA Rules (45 CFR Parts 160, 164).

2. Obligations of Business Associate. Business Associate agrees to:
(a) Not use or disclose Protected Health Information (PHI) other than as permitted by the Terms of Service or as required by law;
(b) Use appropriate safeguards (complying with Subpart C of 45 CFR Part 164) to prevent use or disclosure of PHI other than as provided for by this BAA;
(c) Report to Covered Entity any use or disclosure of PHI not provided for by this BAA of which it becomes aware, including breaches of unsecured PHI;
(d) Ensure that any subcontractors that create, receive, maintain, or transmit PHI agree to the same restrictions.

3. Permitted Uses. Business Associate may use PHI to provide the Services (ProCode AI). Business Associate is explicitly authorized to use PHI to de-identify the information in accordance with 45 CFR 164.514(a)-(c).Once de-identified, the data is no longer PHI and is not subject to this BAA.

4. Termination. Upon termination of the Service, Business Associate shall return or destroy all PHI. If destruction is not feasible, the protections of this BAA shall extend to such PHI.