Terms of Service

LAST UPDATED: MAY 29, 2026

1.Acceptance and Scope

These Terms of Service ("Terms") govern access to and use of the platform and services offered by Guaranteed Health, Inc. ("Guaranteed," "we," "us," or "our") at https://www.onguaranteed.com and any related subdomains (the "Platform").

The Platform is a B2B software service designed for hospice agencies, home health agencies, PACE organizations, GUIDE model participants, home care organizations, and care management entities (collectively, "Agencies"). By accessing or using the Platform, you represent that you are authorized to act on behalf of the Agency and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use the Platform.

2.The Services

Guaranteed provides AI-powered eligibility screening, intake automation, compliance documentation, and audit-readiness tools for serious-illness care Agencies. Specifically, the Services include:

— Automated screening of patient referrals against Medicare, Medicaid, and program-specific eligibility criteria across multiple service lines
— Generation of LCD-grounded clinical narratives and intake documentation
— Audit packet assembly and compliance documentation
— SSVI score monitoring and compliance risk alerting
— Integration with health information exchanges, payer systems, and Agency workflows

The Services are provided as a software platform. Guaranteed does not provide medical advice, clinical judgments, legal advice, or healthcare services. All clinical and enrollment decisions remain the sole responsibility of the Agency and its licensed clinical staff. Documentation generated by the Platform is intended to support, not replace, the Agency's clinical and compliance processes.

Guaranteed does not guarantee the outcome of any audit, enrollment decision, or CMS review. The Platform provides tools and documentation to support Agency compliance efforts; it does not warrant that any specific enrollment will withstand audit scrutiny.

3.Accounts and Access

To use the Platform, the Agency must register an account and provide accurate organizational and contact information. The Agency is responsible for maintaining the confidentiality of account credentials and for all activity that occurs under its account. Guaranteed must be notified immediately of any unauthorized account access.

Agency administrators may provision individual user accounts. Each user must agree to these Terms. The Agency is responsible for ensuring that its users comply with these Terms and that access is promptly revoked for individuals who are no longer authorized.

4.HIPAA and Business Associate Agreement

To the extent Guaranteed processes Protected Health Information ("PHI") on behalf of an Agency that is a HIPAA Covered Entity, Guaranteed agrees to act as a Business Associate and to execute a Business Associate Agreement ("BAA") prior to processing PHI. The BAA governs the use, disclosure, and safeguarding of PHI and is incorporated by reference into these Terms.

The Agency is responsible for ensuring that its use of the Platform complies with HIPAA, applicable state privacy laws, and any applicable payer agreements. The Agency warrants that it has obtained all necessary patient authorizations and consents required for the processing of PHI through the Platform.

5.Fees and Payment

Access to the Platform is subject to the fees set forth in the Agency's Order Form or executed agreement with Guaranteed. The Platform is priced based on eligibility decisions rendered and documents generated, as described at https://www.onguaranteed.com/pricing.

Fees are due in accordance with the payment terms in the applicable Order Form. Guaranteed reserves the right to suspend access for non-payment following reasonable notice. All fees are in US dollars and are non-refundable except as expressly provided in the applicable agreement.

6.Intellectual Property

The Platform, including all software, algorithms, models, documentation, and content, is owned by Guaranteed and protected by copyright, trade secret, and other applicable intellectual property law. Guaranteed grants the Agency a limited, non-exclusive, non-transferable license to access and use the Platform solely for its internal business purposes during the term of the applicable agreement.

The Agency retains all rights to its own data and content submitted to the Platform ("Agency Data"). The Agency grants Guaranteed a limited license to process Agency Data solely as necessary to provide the Services.

Guaranteed may use aggregated, de-identified data derived from Platform usage to improve and develop the Services, provided that such data does not identify the Agency or any individual patient.

7.Restrictions

The Agency agrees not to:

— Reverse engineer, decompile, or disassemble any part of the Platform
— Use the Platform to build a competitive product or service
— Share access credentials with unauthorized parties
— Submit data to the Platform in violation of applicable law or third-party rights
— Use the Platform in any manner that violates HIPAA, applicable state law, or CMS program integrity requirements
— Attempt to gain unauthorized access to any part of the Platform or its underlying infrastructure

8.Confidentiality

Each party agrees to keep confidential the other party's non-public information disclosed in connection with the Services ("Confidential Information"). Confidential Information does not include information that is publicly available, independently developed, or lawfully obtained from a third party. Each party will use Confidential Information only as necessary to perform its obligations under these Terms and will protect it using at least the same care it uses for its own confidential information, and in no event less than reasonable care.

9.Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." GUARANTEED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GUARANTEED DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DOCUMENTATION GENERATED WILL SATISFY ANY PARTICULAR REGULATORY OR AUDIT STANDARD.

GUARANTEED IS NOT RESPONSIBLE FOR ANY CLINICAL, ENROLLMENT, BILLING, OR COMPLIANCE DECISIONS MADE BY THE AGENCY ON THE BASIS OF PLATFORM OUTPUT. THE AGENCY IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY ITS LICENSED CLINICAL AND COMPLIANCE STAFF.

10.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUARANTEED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, LOST DATA, OR COSTS OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GUARANTEED'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE FEES PAID BY THE AGENCY TO GUARANTEED IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS LIMITS GUARANTEED'S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

11.Indemnification

The Agency agrees to defend, indemnify, and hold Guaranteed harmless from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) the Agency's use of the Platform in violation of these Terms or applicable law; (b) the Agency's clinical, enrollment, or billing decisions; (c) any breach of the Agency's HIPAA obligations; or (d) the Agency's violation of any third-party rights.

12.Term and Termination

These Terms remain in effect for the duration of the Agency's use of the Platform. Either party may terminate upon material breach that remains uncured for 30 days after written notice. Guaranteed may suspend access immediately if the Agency's use creates a security risk or violates applicable law. Upon termination, the Agency's access to the Platform will cease and Guaranteed will handle Agency Data in accordance with the BAA and applicable law. Sections 6, 8, 9, 10, 11, and 13 survive termination.

13.Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any dispute arising from or related to these Terms that cannot be resolved through good-faith negotiation within 30 days of written notice will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be conducted in Los Angeles, California. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class arbitrations and class actions are not permitted. Each party waives its right to participate in a class action.

15.No Warranty Implied by Name

The name "Guaranteed" is a trade name and brand identifier for Guaranteed Health, Inc. and its Services. The use of the word "Guaranteed" in the Company name, on the Platform, in any agreement, or in any other context does not constitute, and shall not be construed as, a representation, warranty, promise, or guarantee of any kind — express or implied — including without limitation any warranty as to outcomes, results, audit success, regulatory compliance, enrollment eligibility, clinical documentation adequacy, or any other matter. No inference of any warranty or guarantee shall be drawn from the use of the Company name under any circumstances, and the Agency expressly acknowledges and agrees that it has not relied on the Company name as a representation of any guaranteed outcome.

16.General

These Terms, together with the Privacy Policy, any executed BAA, and any applicable Order Form, constitute the entire agreement between the parties regarding the Platform. If any provision is found unenforceable, the remaining provisions remain in full effect. Guaranteed may update these Terms from time to time and will provide notice of material changes. Continued use of the Platform following notice constitutes acceptance of the updated Terms.

Contact: Guaranteed Health, Inc., 234 Fifth Ave, Floor 2, New York, NY 10001 | info@onguaranteed.com