Cherry Medical Solutions – Terms & Conditions

Effective Date: 2025-09-25

Welcome to Cherry Medical Solutions (“Company,” “we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your use of our website, services, and any related communications or digital platforms (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, please refrain from using our Services.

By engaging our services or making a payment to Cherry Medical Solutions, you acknowledge that you have read and agreed to this Refund Policy.

  1. 1. Scope of Services
  2. Cherry Medical Solutions provides medical billing, revenue cycle management, insurance verification, payment posting, denial management, and patient billing support services to healthcare providers. Our Services are intended solely for business (B2B) use and not for individual consumer purposes.

    We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, in accordance with applicable contracts.

  3. 2. Eligibility
  4. By using our Services, you represent and warrant that:

    • You are at least 18 years of age.
    • You are authorized to enter into agreements on behalf of the healthcare organization you represent.
    • You will provide accurate, complete, and up-to-date information to us.
  5. 3. Business Associate Agreements (BAA)
  6. Because we handle Protected Health Information (“PHI”) on behalf of healthcare providers, we execute Business Associate Agreements (“BAAs”) as required by HIPAA. In the event of any conflict between these Terms and a BAA, the BAA will control regarding PHI and HIPAA compliance.

  7. 4. Account Setup and Security
  8. Clients may need to establish an account to access our Services. You are responsible for:

    • Maintaining the confidentiality of login credentials.
    • Restricting access to authorized personnel only.
    • Promptly notifying us of unauthorized use or security breaches.

    We reserve the right to suspend or terminate accounts suspected of unauthorized or fraudulent activity.

  9. 5. Fees and Payment
  10. Fees for our Services are set forth in individual client agreements or proposals. By engaging our Services, you agree to:

    • Pay invoices promptly according to the payment schedule in your contract.
    • Provide complete and accurate billing information.
    • Pay any applicable taxes, bank fees, or transaction charges.

    Late payments may incur interest or collection costs as specified in your agreement.

  11. 6. Refunds and Credits
  12. Our Refund Policy governs eligibility and procedures for refunds or credits. By agreeing to these Terms, you acknowledge that you have read and understood our Refund Policy. Most fees are non-refundable once services have begun due to their labor-intensive and customized nature.

  13. 7. Client Responsibilities
  14. To enable us to perform effectively, you agree to:

    • Provide accurate and timely information (e.g., patient demographics, insurance details).
    • Maintain your own HIPAA compliance for data you transmit to us.
    • Respond promptly to our requests for clarification or additional documentation.

    We are not liable for delays, claim denials, or other losses resulting from inaccurate or incomplete information provided by clients.

  15. 8. Data Privacy and Security
  16. Our handling of personal and health information is governed by our Privacy Policy and applicable laws, including HIPAA. We implement appropriate technical and organizational measures to protect PHI and personal data, but no system is 100% secure. By using our Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

  17. 9. Confidentiality
  18. Each party agrees to maintain the confidentiality of the other party’s proprietary or sensitive information. We will:

    • Use confidential information only as necessary to perform Services.
    • Not disclose confidential information to unauthorized third parties except as required by law or as permitted by contract.

    This obligation survives termination of the agreement.

  19. 10. Intellectual Property
  20. All content on our website and in our deliverables—including text, graphics, logos, software, and reports—is owned or licensed by Cherry Medical Solutions. You may not copy, reproduce, distribute, or create derivative works from our materials without our written consent, except as necessary for your internal business use.

    Your data, including PHI and financial information, remains your property. We claim no ownership rights over client-provided data.

  21. 11. Prohibited Uses
  22. You agree not to:

    • Use our Services for unlawful, fraudulent, or unauthorized purposes.
    • Transmit malicious code, viruses, or disruptive content.
    • Reverse-engineer, decompile, or attempt to access source code.
    • Misrepresent or impersonate another entity when using our Services.

    We reserve the right to terminate or restrict access if prohibited activity is detected.

  23. 12. Warranties and Disclaimers
  24. We strive to provide accurate and reliable Services. However, to the fullest extent permitted by law, Cherry Medical Solutions:

    • Provides Services “as is” and “as available.”
    • Disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
    • Does not guarantee specific outcomes such as claim approvals, payer reimbursements, or denial reversals.
  25. 13. Limitation of Liability
  26. To the maximum extent permitted by law:

    • Cherry Medical Solutions is not liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.
    • Our total liability for direct damages will not exceed the total fees paid by you to us for the Services giving rise to the claim during the previous three (3) months.

    Some jurisdictions do not allow certain exclusions or limitations, so these may not fully apply to you.

  27. 14. Indemnification
  28. You agree to indemnify, defend, and hold harmless Cherry Medical Solutions, its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising out of:

    • Your breach of these Terms or applicable laws.
    • Your provision of inaccurate data or unauthorized disclosure of PHI.
    • Your misuse of our Services.
  29. 15. Termination
  30. Either party may terminate Services in accordance with the terms of the client agreement or applicable notice period. Upon termination:

    • You remain responsible for all fees due for Services already rendered.
    • We will return or securely dispose of PHI as required by HIPAA and your contract.
    • Sections on confidentiality, limitation of liability, indemnification, and intellectual property will survive termination.
  31. 16. Third-Party Services
  32. Our Services may integrate with third-party vendors such as clearinghouses or payment processors. While we carefully select partners, we are not responsible for the actions or omissions of third-party services. Use of third-party services is subject to their own terms and privacy policies.

  33. 17. Website Use and Content
  34. Our website is provided for informational purposes only. We do not guarantee that the site will be error-free, uninterrupted, or free of security vulnerabilities. You use the website at your own risk.

    We may include links to external websites. We are not responsible for the content or privacy practices of third-party sites.

  35. 18. Force Majeure
  36. We are not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to natural disasters, labor disputes, internet outages, cyberattacks, or government actions.

  37. 19. Modifications to Terms
  38. We may revise these Terms from time to time to reflect changes in our practices, legal requirements, or industry standards. Updated versions will be posted on our website with a new “Effective Date.” Your continued use of our Services after such changes constitutes acceptance of the updated Terms.

  39. 20. Governing Law and Dispute Resolution
  40. These Terms are governed by and construed under the laws of the State of [Your State], without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or our Services shall be resolved as follows:

    • Informal Resolution: Parties will first attempt good-faith negotiation.
    • Mediation/Arbitration: If unresolved, disputes may be submitted to binding arbitration in [Your City/State], unless prohibited by law.
    • Venue: Courts of competent jurisdiction in [Your County/State] shall have exclusive jurisdiction if arbitration is not mandated.
  41. 21. Severability
  42. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

  43. 22. No Waiver
  44. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

  45. 23. Assignment
  46. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations in connection with a merger, acquisition, or sale of assets.

  47. 24. Entire Agreement
  48. These Terms, together with any applicable Service Agreement, Business Associate Agreement, Privacy Policy, and Refund Policy, constitute the entire agreement between you and Cherry Medical Solutions and supersede all prior agreements, written or oral, regarding our Services.

  49. 25. Contact Information
  50. For questions about these Terms & Conditions, contact us at:

    Cherry Medical Solutions
    Phone: 1-888-731-7615
    Email: support@cherrymedicalsolutions.com
    Address:13325 Wolf Rd, Grass Valley, CA 95949, USA

  51. 26. Summary of Key Commitments
    • Transparency: Clear pricing, policies, and processes.
    • Privacy & Security: HIPAA-compliant protection of PHI.
    • Fairness: Balanced refund, cancellation, and dispute procedures.
    • Partnership: Our team acts as an extension of your practice.

    By using Cherry Medical Solutions’ Services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.