ImagineFlowPrivacy Policy

Terms of Service

Last updated: April 10, 2026

1. Acceptance of Terms

By accessing or using ImagineFlow ("the Platform"), operated by Marcum Holding Group LLC("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use the Platform.

2. Description of Service

ImagineFlow is an AI-powered mobile diagnostic imaging workflow platform. The Platform provides end-to-end order management, technologist dispatch and scheduling, DICOM integration, billing data capture, fleet tracking, EHR integration, reporting, and related services for mobile diagnostic imaging companies.

The Platform is a workflow management tool — it does not provide medical diagnoses, treatment recommendations, or clinical decision support. AI-generated suggestions (billing codes, dispatch recommendations, priority validation) are advisory only and must be reviewed by qualified personnel before acting upon them.

3. Account Registration

  • You must provide accurate and complete registration information.
  • You are responsible for maintaining the security of your account credentials.
  • You must not share account credentials or allow unauthorized access to your account.
  • You must notify us immediately of any unauthorized use of your account.
  • Account creation is managed by your organization's administrator. Individual users cannot self-register without an invitation.

4. HIPAA and PHI Obligations

If you are a Covered Entity or Business Associate under HIPAA, the following applies:

  • A Business Associate Agreement (BAA) must be executed between your organization and ImagineFlow before any PHI is transmitted to or processed by the Platform.
  • You are responsible for ensuring that your use of the Platform complies with HIPAA, the HITECH Act, and applicable state privacy laws.
  • You must not upload PHI to the Platform without a BAA in place.
  • You are responsible for obtaining any required patient consents or authorizations.
  • You must train your workforce on proper use of the Platform in compliance with your organization's HIPAA policies.

5. Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose
  • Access or attempt to access PHI that you are not authorized to view
  • Attempt to gain unauthorized access to other users' accounts or data
  • Share your login credentials with any other person
  • Interfere with or disrupt the Platform's infrastructure
  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Use the Platform to transmit malware, viruses, or harmful code
  • Scrape, harvest, or collect data from the Platform by automated means without authorization
  • Use AI-generated suggestions as the sole basis for clinical decisions
  • Share or export PHI in violation of HIPAA or your organization's policies

6. AI Features Disclaimer

The Platform includes AI-powered features including but not limited to: order text extraction, dispatch suggestions, billing code recommendations, priority validation, ETA prediction, demand forecasting, denial appeal letter drafting, and anomaly detection.

AI features are advisory tools only. They are not a substitute for professional judgment. All AI-generated outputs must be reviewed, verified, and approved by qualified personnel before being relied upon. ImagineFlow makes no warranty regarding the accuracy, completeness, or reliability of AI-generated content.

7. Service Level and Availability

We target 99.9% uptime for the Platform (measured monthly, excluding scheduled maintenance windows). Scheduled maintenance will be communicated at least 48 hours in advance whenever possible. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

The Platform includes offline functionality (service worker caching, offline write queue) to mitigate the impact of connectivity interruptions. However, certain features (real-time data, AI features, DICOM operations) require an active network connection.

Specific service level commitments, including remedies for downtime exceeding the uptime target, may be detailed in your individual service agreement or SLA addendum.

8. Intellectual Property and Data Ownership

  • Your data: You (or your organization) retain full ownership of all data you submit to the Platform, including orders, patient information, reports, and billing data. We claim no ownership interest in your data.
  • Our platform: Marcum Holding Group LLC retains exclusive ownership of the Platform software, design, AI models, algorithms, trade secrets, and all intellectual property therein. The Platform is protected by patents pending, copyright, and trade secret law.
  • Data portability: You may export your data at any time using the Platform's export features (CSV, PDF, FHIR). Upon termination, we will provide a reasonable period for data export.
  • License grant: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes during the term of your subscription.

9. Payment Terms

Subscription fees are billed monthly or annually as specified in your service agreement. Per-study fees (if applicable) are calculated based on completed orders and billed monthly in arrears. All fees are non-refundable except as required by law or as specified in your service agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMAGINEFLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

NOTHING IN THESE TERMS LIMITS OUR LIABILITY FOR BREACHES OF OUR OBLIGATIONS UNDER A BUSINESS ASSOCIATE AGREEMENT, FRAUD, OR GROSS NEGLIGENCE.

11. Indemnification

You agree to indemnify, defend, and hold harmless ImagineFlow and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of HIPAA or other applicable laws, or (d) any third-party claim related to your use of the Platform.

12. Termination

Either party may terminate the licensing agreement upon 90 days' written notice. We may immediately suspend access if we reasonably believe your use violates these Terms, applicable law, or poses a security risk to the Platform or other users.

Upon termination: (a) we will provide 90 days for data export, (b) PHI will be returned or destroyed as specified in the BAA, (c) access to the Platform will be revoked after the notice period, (d) any outstanding fees remain due and payable.

13. Modifications to Terms

We may modify these Terms from time to time. We will notify registered users of material changes at least 30 days before they take effect via email or in-app notification. Continued use of the Platform after the effective date constitutes acceptance of the modified Terms.

14. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in the Commonwealth of Virginia.

15. Dispute Resolution

Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation for a period of at least 30 days. If the dispute cannot be resolved through negotiation, either party may pursue binding arbitration administered under the rules of the American Arbitration Association (AAA) in Virginia, or litigation in the courts specified in Section 14.

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

16. Contact

For questions about these Terms, contact:

Marcum Holding Group LLC
Email: nick@imagineflowhealth.com
Website: imagineflowhealth.com