Effective Date: November 16, 2026
These Terms of Service ("Terms") govern the professional services provided by Hubkom Solutions, LLC ("Hubkom," "we," "us," or "our") to business and organizational customers ("Customer," "you," or "your"). Hubkom Professional Services may include medical answering services, after-hours phone support, AI-powered voice agents, and healthcare workflow automation, as described in an applicable proposal, order, or statement of work. By signing an applicable agreement, accepting an order that incorporates these Terms, or otherwise agreeing in writing to receive the Services, you agree to these Terms.
"Customer" means the medical practice, healthcare organization, business, or other legal entity purchasing or receiving the Services.
"Authorized Users" means individuals authorized by Customer to access or use any Hubkom-provided system, portal, or service.
"Services" means the professional services provided by Hubkom under an applicable proposal, order, or statement of work, which may include medical answering, after-hours phone support, AI-powered voice agents, patient communication, and healthcare workflow automation.
"Customer Data" means information, records, content, and data provided by or on behalf of Customer, or collected or processed by Hubkom in providing the Services.
"Protected Health Information" or "PHI" has the meaning given to it under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA").
"Order" or "Statement of Work" ("SOW") means a proposal, order form, or other written document accepted by the parties that describes the Services, scope, fees, responsibilities, and any service-specific terms.
Hubkom provides healthcare-focused professional support and technology-enabled services to help healthcare organizations manage patient communications and routine operational workflows. Depending on the applicable Order or SOW, the Services may include:
The specific features, channels, operating hours, workflows, integrations, and deliverables included in a Customer engagement will be set out in the applicable Order or SOW. Services not expressly included in that document are outside the agreed scope and may require additional fees.
The applicable Order or SOW will describe the Services purchased by Customer, applicable fees, implementation requirements, service hours, deliverables, and any service-level commitments. Customer agrees to:
Where Hubkom provides Customer with access to a portal, dashboard, or other system, Customer must provide accurate account information and protect its login credentials. Customer is responsible for activity conducted through its accounts and must promptly notify Hubkom of any suspected unauthorized access or security issue. Customer may authorize only individuals who are permitted to access the relevant systems and information.
Customer may use the Services solely for its internal business and healthcare operations and in accordance with these Terms and the applicable Order or SOW. Customer agrees not to:
As between the parties, Customer retains its rights in Customer Data. Customer authorizes Hubkom to access, use, transmit, and process Customer Data only as reasonably necessary to provide, maintain, secure, and support the Services, comply with applicable law, and perform the parties' agreement.
Hubkom will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, disclosure, alteration, or destruction. Access to Customer Data will be limited to personnel and authorized service providers who need access to perform the Services or support Hubkom's operations.
Hubkom will not sell Customer Data. Hubkom will not use identifiable Customer Data or PHI to train general-purpose or shared AI models without Customer's separate prior written authorization and any additional agreements required by applicable law.
Where Hubkom creates, receives, maintains, or transmits PHI on behalf of a Customer in a capacity that requires a business associate agreement under HIPAA, the parties will enter into a separate Business Associate Agreement ("BAA") before the applicable PHI is handled, as required by law. The BAA will govern the parties' respective obligations concerning permitted uses and disclosures of PHI, safeguards, incident reporting, subcontractors, and other applicable HIPAA requirements.
This section does not itself constitute a BAA or authorize any use or disclosure of PHI beyond what is permitted by applicable law and an executed BAA. If these Terms conflict with an executed BAA regarding PHI or HIPAA obligations, the BAA will control to the extent of the conflict.
Customer is responsible for determining and providing all patient notices, authorizations, and consents required for Customer's use of the Services, including any required consent for calls, texts, or call recording.
Customer is responsible for approving the purpose, audience, content, timing, and applicable consent requirements for patient communications conducted through the Services. Customer must provide accurate calling lists, contact details, scripts, and communication preferences, and must promptly identify individuals who should not be contacted.
Where calls or other communications are recorded, transcribed, or logged, the parties will follow applicable law and the terms of any applicable BAA or other written data-protection agreement. Customer must provide any notices or obtain any consents for recording that are required for its use of the Services.
Some Services may use artificial intelligence, automated speech technologies, transcription, language models, or other automated systems. Customer acknowledges that AI-generated responses, transcripts, summaries, classifications, and other outputs may contain errors, omissions, or inaccuracies.
Hubkom will use commercially reasonable efforts to provide the Services in accordance with the applicable Order or SOW. Hubkom does not guarantee uninterrupted or error-free availability unless an express service-level commitment is included in writing. Services may be affected by maintenance, telecommunications networks, Customer systems, internet connectivity, or third-party platforms.
Hubkom may use third-party technology, hosting, telecommunications, and software providers to support the Services. The availability and use of third-party services may be subject to separate terms and conditions. Hubkom will maintain appropriate contractual safeguards with service providers that process Customer Data on Hubkom's behalf, as required by applicable law and any executed BAA or data-protection agreement.
Support channels, hours, response targets, and service coverage will be set out in the applicable Order or SOW. Hubkom may make changes to the Services where reasonably necessary to maintain or improve operations, address security concerns, comply with law, or accommodate changes to third-party systems, provided that material changes to the agreed scope or fees will be handled through the applicable change process or a written agreement between the parties.
Hubkom and its licensors retain all rights in Hubkom's pre-existing software, tools, workflows, templates, documentation, processes, know-how, and other intellectual property used to provide the Services. Customer retains its rights in Customer Data and materials supplied by Customer.
Unless otherwise agreed in writing, upon payment of applicable fees, Customer may use deliverables specifically prepared for Customer under an Order or SOW for its internal business operations. No ownership of Hubkom's underlying software, technology, or reusable materials is transferred to Customer. These Terms do not grant either party rights to the other party's trademarks, logos, or branding.
Each party may receive confidential business, technical, operational, financial, or other information from the other party. The receiving party will use such information only as needed to perform or receive the Services, protect it using reasonable care, and disclose it only to personnel and service providers who need to know it and are subject to confidentiality obligations.
Confidential Information does not include information that the receiving party can demonstrate is publicly available without breach, was already lawfully known to it, was independently developed without use of the disclosing party's information, or was lawfully received from a third party without a duty of confidentiality. These obligations do not limit any separate obligations applicable to PHI or personal information.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," EXCEPT FOR ANY EXPRESS WARRANTIES SET OUT IN THESE TERMS OR AN APPLICABLE ORDER OR SOW. HUBKOM DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HUBKOM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR BUSINESS, OPERATIONAL, FINANCIAL, OR PATIENT OUTCOME WILL BE ACHIEVED.
Hubkom will perform the Services in a professional and workmanlike manner. Nothing in these Terms excludes a warranty or obligation that cannot lawfully be excluded.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUBKOM'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO HUBKOM UNDER THE APPLICABLE ORDER OR SOW DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this section do not apply to liability that cannot legally be limited, or to fraud, willful misconduct, or any other liability expressly excluded from limitation in a separately executed agreement. Any different allocation of liability for PHI, confidentiality, or data protection must be stated in the applicable BAA or other written agreement.
Customer will defend and indemnify Hubkom and its officers, directors, and employees against third-party claims, damages, liabilities, and reasonable expenses to the extent arising from Customer's unlawful use of the Services, Customer's breach of these Terms, Customer's failure to obtain required patient notices or consents, or materials and instructions supplied by Customer that infringe third-party rights.
Hubkom will notify Customer of an indemnified claim and provide reasonable cooperation. The indemnifying party may control the defense and settlement, provided that no settlement may impose an admission of liability or non-monetary obligation on the indemnified party without its written consent.
Upon Customer's reasonable written request made before or within a reasonable period after termination, Hubkom will provide a reasonable opportunity to retrieve Customer Data maintained by Hubkom, subject to applicable technical limitations, legal requirements, and any fees stated in the applicable Order or SOW. After the applicable retrieval period, Hubkom may delete or render Customer Data inaccessible in accordance with its retention practices and any executed BAA or data-protection agreement, except where retention is required by law.
Hubkom may update these Terms from time to time. Material changes affecting an existing Customer's rights or obligations will be communicated through an appropriate notice and will take effect in accordance with the parties' agreement and applicable law. Changes to an existing Order or SOW must be agreed in writing by the parties. Continued use of the Services after an updated version becomes effective will constitute acceptance where permitted by law.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms will be brought in the state or federal courts located in Delaware, and the parties consent to the jurisdiction of those courts, subject to applicable law.
For questions about these Terms or Hubkom Professional Services, contact:
HUBKOM SOLUTIONS, LLC
Email: legal@hubkomsolutions.com
Website: https://hubkomsolutions.com