PXIQ Terms of Service
Effective Date: [INSERT DATE]
Last Updated: [INSERT DATE]
Always Culture LLC
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Always Culture LLC, a Texas limited liability company (“Company,” “we,” “us,” or “our”), governing your access to and use of the PXIQ platform, including all associated software, applications, websites, APIs, and services (collectively, the “Service”).
BY ACCESSING OR USING THE SERVICE, CREATING AN ACCOUNT, OR CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
If you are accessing the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to “you” or “your” shall include such entity.
2. Eligibility and Age Restriction
The Service is intended for use by business professionals in the healthcare industry. You must be at least eighteen (18) years of age to create an account or use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.
3. Service Description
PXIQ is a software-as-a-service (“SaaS”) platform that provides analytics, insights, performance scores, financial estimates, and AI-powered training tools based on publicly available healthcare data (including data published by the Centers for Medicare & Medicaid Services (“CMS”)) and proprietary methodologies developed by the Company.
Important Disclosures:
- PXIQ is NOT affiliated with, endorsed by, sponsored by, or in any way connected to CMS, the U.S. Department of Health and Human Services (“HHS”), or any federal, state, or local government agency.
- PXIQ does NOT provide medical advice, clinical recommendations, or regulatory compliance determinations.
- The analytics, scores, rankings, financial estimates, and other outputs provided by the Service are generated using proprietary calculations and methodologies. They are estimates for informational and educational purposes only.
- Service outputs do NOT constitute official CMS quality measures, ratings, or determinations.
- THE SERVICE AND ITS OUTPUTS SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY BUSINESS, FINANCIAL, CLINICAL, OR OPERATIONAL DECISION. USERS ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION AND FOR ANY DECISIONS MADE BASED ON SERVICE OUTPUTS.
4. Data Sources and Limitations
4.1 Public Data Sources
The Service utilizes publicly available datasets published by CMS and other government agencies. While we endeavor to use the most current data available, there may be delays between when CMS publishes updated data and when such updates are reflected in the Service. The Company makes no guarantees regarding the timeliness, accuracy, or completeness of underlying public data sources.
4.2 Proprietary Calculations
PXIQ applies proprietary methodologies, algorithms, and calculations to public data to generate performance scores, financial impact estimates, rankings, and other derived metrics. These proprietary outputs:
- Are estimates and approximations, not precise measurements
- May differ from official CMS measures or scores
- Are subject to change as methodologies are refined
- Should be used as one input among many in decision-making processes
4.3 No Guarantee of Accuracy
Despite reasonable efforts to ensure accuracy, the Company does not warrant that any data, score, estimate, ranking, or output provided through the Service is accurate, complete, current, or error-free. Users acknowledge that errors in underlying data, methodology, or processing may occur.
5. Account Registration and Security
5.1 Account Creation
To access the Service, you must create an account by providing accurate, current, and complete information as requested during the registration process. During registration, you will be required to acknowledge and consent to the following:
- Terms and Privacy Policy Acceptance: You must agree to these Terms of Service and our Privacy Policy.
- AI Disclosure: You must acknowledge that PXIQ uses artificial intelligence-powered features and agree not to submit confidential or sensitive information through the Service.
- Data Disclaimer: You must acknowledge that PXIQ provides estimates and analytics based on publicly available data and proprietary calculations, and that these outputs should not be relied upon as the sole basis for decisions.
5.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to immediately notify the Company at support@alwaysculture.com of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your account.
5.3 Account Accuracy
You agree to keep your account information accurate and up to date. The Company reserves the right to suspend or terminate accounts that contain inaccurate or fraudulent information.
6. Acceptable Use
You agree that you will NOT:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Scrape, crawl, spider, or use any automated means to access or extract data from the Service beyond what is made available through the intended user interface
- Bulk download, extract, or systematically copy Service data or outputs
- Redistribute, resell, sublicense, or publicly display any data, reports, scores, or other outputs from the Service without the Company’s prior written consent
- Use Service data to publicly rank, defame, disparage, or create misleading comparisons of healthcare facilities
- Attempt to reverse-engineer, decompile, or otherwise derive the Company’s proprietary methodologies, algorithms, or calculations
- Interfere with, disrupt, or impose an unreasonable burden on the Service or its infrastructure
- Access or attempt to access another user’s account without authorization
- Upload, transmit, or input any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
- Use the Service in any manner that could damage, disable, overburden, or impair the Service
Violation of these restrictions may result in immediate suspension or termination of your account, at the Company’s sole discretion, without refund.
7. Billing and Payment
7.1 Subscription Fees
The Service is available in both free and paid tiers. Certain features, including PXIQ Discover, are available at no cost. Access to premium features requires a paid subscription. Subscription fees are billed on a monthly basis through our third-party payment processor, Stripe, Inc. By subscribing to a paid tier, you authorize the Company to charge the payment method on file for all applicable fees. The Company reserves the right to modify the features available in each tier at any time.
7.2 Cancellation
You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. You will retain access to the Service until the end of the period for which you have already paid.
7.3 Refunds
All fees are non-refundable except as expressly required by applicable law. No refunds or credits will be provided for partial months of service, downgraded accounts, or unused features.
7.4 Price Changes
The Company reserves the right to modify subscription fees upon thirty (30) days’ prior written notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the updated fees.
8. Intellectual Property
8.1 Company Intellectual Property
The Service, including all software, algorithms, methodologies, proprietary scores, calculations, user interface designs, training content, documentation, and all other materials provided through PXIQ, are and shall remain the exclusive property of the Company and its licensors. These materials are protected by copyright, trademark, trade secret, and other intellectual property laws.
8.2 Public Data
Underlying CMS and other government data used by the Service remains in the public domain. The Company’s proprietary analyses, calculations, and presentations of such data are protected intellectual property of the Company.
8.3 Trademarks
“PXIQ,” “Always Culture,” and all associated logos, marks, and trade dress are trademarks of the Company. You may not use these marks without the Company’s prior written consent.
9. User-Generated Content
9.1 Ownership
You retain ownership of all content you create, upload, or input through the Service, including notes, action plans, observations, and other user-generated materials (“User Content”).
9.2 License Grant
By submitting User Content to the Service, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to store, process, display, reproduce, and transmit such User Content solely as necessary to provide and improve the Service. This license terminates when you delete the applicable User Content or when your account is terminated, except to the extent the Company is required to retain such content by law or for legitimate business purposes (e.g., backup copies in the ordinary course of business).
9.3 Responsibility
You are solely responsible for the accuracy, legality, and appropriateness of your User Content. The Company is not responsible for reviewing, monitoring, or verifying User Content and shall have no liability for any User Content submitted by you or any other user.
10. AI-Powered Features
10.1 Third-Party AI Processing
The Service incorporates artificial intelligence features, including the Co-Pilot chat functionality, which are powered by third-party AI providers (currently Anthropic, PBC). User inputs submitted through AI features may be transmitted to and processed by these third-party providers in accordance with their respective terms of service and privacy policies.
10.2 AI Output Disclaimer
AI-GENERATED OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OR INCOMPLETE INFORMATION. THE COMPANY DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED OUTPUT. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING ALL AI-GENERATED CONTENT BEFORE RELYING ON IT FOR ANY PURPOSE.
10.3 Sensitive Information Warning
DO NOT submit confidential, proprietary, trade secret, protected health information (PHI), personally identifiable information (PII), or any other sensitive information through the AI features of the Service. The Company is not responsible for the confidentiality or security of information submitted through AI features that is processed by third-party providers. By using AI features, you assume all risk associated with the information you choose to submit.
11. Hospital Opt-Out Process
11.1 Scope of Opt-Out
Healthcare facilities (“Hospitals”) that are the subject of PXIQ analytics may request suppression of the Company’s proprietary calculations, scores, and derived metrics as they relate to their facility. Opt-out requests do NOT apply to the display of publicly available CMS data, which will continue to be accessible through the Service regardless of opt-out status.
11.2 Opt-Out Procedure
To request an opt-out, the following process must be followed:
- Submission: Send a written request to support@alwaysculture.com with the subject line “Hospital Opt-Out Request.”
- Identification: The request must include the hospital’s name, CMS Certification Number (CCN), the requesting individual’s name, title, and contact information, and documentation establishing the requestor’s authority to act on behalf of the facility (e.g., official letterhead, verifiable executive email domain).
- Verification: The Company will verify the identity and authority of the requestor through reasonable means, which may include contacting the facility directly.
- Review and Response: The Company will review the request in good faith and respond within thirty (30) calendar days of receipt of a complete and verified request.
- Determination: The Company reserves the right to approve or deny opt-out requests at its sole discretion. Approved suppressions will be implemented within a reasonable timeframe following approval.
12. Data Dispute Process
If you believe that any data, score, or output displayed on PXIQ is materially inaccurate, you may submit a written dispute to support@alwaysculture.com. Disputes must include the specific data or output being challenged, the basis for the dispute, and any supporting documentation. The Company will review disputes in good faith and respond within thirty (30) calendar days. The Company reserves the right to make the final determination regarding any data dispute.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY DATA, SCORES, RANKINGS, ESTIMATES, OR OTHER OUTPUTS PROVIDED THROUGH THE SERVICE;
- WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the Company’s liability shall be limited to the maximum extent permitted by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your User Content; or (e) your infringement of any third-party right, including any intellectual property, privacy, or proprietary right. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
16. Termination
16.1 Termination by You
You may terminate your account at any time by canceling your subscription through the Service or by contacting support@alwaysculture.com. Termination will take effect at the end of the current billing period.
16.2 Termination by the Company
The Company may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including but not limited to situations where you violate these Terms, engage in fraudulent activity, or pose a security risk to the Service or other users.
16.3 Effect of Termination
Upon termination: (a) your right to access and use the Service will immediately cease; (b) you remain liable for any fees incurred prior to termination; (c) the Company may delete your account data and User Content in accordance with our Privacy Policy and data retention practices; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 8, 13, 14, 15, and 19.
17. Service Availability and Force Majeure
17.1 Service Availability
The Company does not guarantee uninterrupted or error-free availability of the Service. The Service may be subject to scheduled maintenance windows, unscheduled downtime, or performance degradation. The Company will make commercially reasonable efforts to provide advance notice of scheduled maintenance but is not obligated to do so.
17.2 Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the Company’s reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, government actions or orders, labor disputes, power outages, internet or telecommunications failures, cyberattacks, third-party service provider failures, or any other force majeure event.
18. Changes to These Terms
The Company reserves the right to modify these Terms at any time. If we make material changes, we will provide notice by: (a) posting the updated Terms on our website with a revised “Effective Date”; and (b) sending an email notification to the address associated with your account at least thirty (30) days prior to the effective date of the changes. Your continued use of the Service following the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and cancel your account before the effective date.
19. Governing Law and Dispute Resolution
19.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
19.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be subject to good-faith negotiation between the parties for a period of thirty (30) days following written notice of the dispute. If the dispute is not resolved through negotiation, either party may pursue resolution through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to be conducted in Houston, Texas. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
19.3 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 HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY.
20. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Service.
Severability: If any provision of these Terms is found invalid or unenforceable, such provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
Waiver: The failure of the Company to enforce any right or provision shall not constitute a waiver.
Assignment: You may not assign these Terms without the Company’s prior written consent. The Company may assign these Terms without restriction.
Notices: All notices shall be in writing and sent to support@alwaysculture.com (for the Company) or to your account email address (for you).
21. Contact Information
If you have any questions about these Terms, please contact us at:
Always Culture LLC
Email: support@alwaysculture.com
Product: PXIQ