Terms and Services (ToS)

 

Terms of Service (ToS)
Effective Date: 2025-04-22
Last Updated: 2025-04-22

1. Acceptance of Terms
By accessing or using MaxCheck.io (“Service”), a software product provided by PowerFluent Solutions LLC (“Provider”), users (“You”) agree to be bound by these Terms of Service. If You do not agree, please do not use the Service.

2. Description of Service
MaxCheck.io, provided by PowerFluent Solutions LLC, enables Clients to verify the status of Medicare Advantage policies by querying CMS data using credentials supplied by the Client.

The Service is available to subscribing Clients and their designated authorized users.

3. Account Registration & User Roles

  • Each account must be associated with a subscribing Client (Account Owner).
  • The Account Owner may grant access to Admins (who manage CMS credentials) and Users (who conduct policy checks).
  • Users must not share login credentials or misuse platform access.
  • PowerFluent Solutions LLC is not responsible for unauthorized access or misuse resulting from improper account sharing or management.

4. Usage Restrictions
Users must not:

  • Attempt to reverse-engineer, modify, or copy any part of the Service.
  • Use the Service to conduct fraudulent or unauthorized CMS queries.
  • Upload, share, or store unauthorized personal health information.
  • Violation of these policies may result in account suspension or termination.

5. Data Privacy & Security

MaxCheck.io does not access, view, sell, or share user data, except as required by law or requested by the Client for troubleshooting.

  • Each Client is assigned a dedicated server, ensuring data separation and security.
  • PowerFluent Solutions LLC does not verify CMS data accuracy.
  • Users are responsible for securing CMS account credentials and ensuring compliance with Medicare-related regulations.

6. Service Availability & Downtime

  • MaxCheck.io guarantees 99% uptime but does not warrant uninterrupted service.
  • Scheduled maintenance will be communicated via the app and/or email.
  • PowerFluent Solutions LLC is not liable for service disruptions caused by CMS
  • outages, network failures, or third-party issues.

7. Payment & Billing

  • All charges are the responsibility of the Account Owner, including policy checks initiated by Admins or Users.
  • Clients must pay $1,000 per month for continued access to the Service.
  • Policy checks are billed at $0.02 per check, and these charges apply to the following month’s invoice.
  • Example: The first month’s payment includes $1,000 for platform access and $0 for policy checks (since none have been conducted yet).
  • The next month’s invoice will include $1,000 for continued access plus $0.02 for each policy check conducted in the prior billing cycle.
  • Payments must be successfully settled before the next billing cycle to ensure uninterrupted service.

8. Payment Failure & Service Diminishment

If an invoice remains unpaid for any reason, including failed payment processing or unresolved billing issues, policy check processing will be suspended at the start of the next billing cycle.

While Clients will retain access to historical data, they will not be able to submit new checks or modify account settings until payment is settled.

9. Limitation of Liability

PowerFluent Solutions LLC is not responsible for:

  • Data inaccuracies or errors resulting from CMS queries.
  • Financial losses or business decisions based on policy check results.
  • Locked, disabled, or terminated CMS accounts.

By using the Service, You accept all risks associated with CMS data retrieval.

10. Compliance & Client Responsibilities

  • MaxCheck.io is HIPAA compliant.
  • Clients must secure their CMS credentials, including managing two-factor authentication.
  • Clients must comply with Medicare-related regulations while using the Service.
  • PowerFluent Solutions LLC is not responsible for CMS account lockouts, suspensions, or terminations resulting from Client usage.

11. Modification of Terms

PowerFluent Solutions LLC reserves the right to modify these Terms at any time.

Clients will be notified via the app and/or email.

Continued use of the Service after updates constitutes acceptance of the revised Terms.

12. Governing Law & Dispute Resolution

  • These Terms shall be governed by the laws of the State of Florida.
  • Any disputes shall be resolved exclusively in Hillsborough County, Florida courts.
  • Users agree to first attempt resolution through mediation before pursuing legal proceedings.

13. Termination & Account Suspension

  • PowerFluent Solutions LLC reserves the right to suspend or terminate accounts due to: Non-payment or unresolved billing issues.
  • Violations of usage policies (fraud, abuse, non-compliance).
  • Misuse of CMS credentials resulting in regulatory or legal violations.

14. Contact Information

For questions or concerns regarding these Terms, please contact support@maxcheck.io.

15. Acknowledgment

By using MaxCheck.io, You acknowledge and agree to these Terms of Service.