Terms of Service

Effective Date: May 2026 | Last Updated: May 2026

1. Acceptance

These Terms of Service ("Terms") form a legally binding agreement between you ("Customer" or "User") and the Contracting Entity identified in your Service Order. The Contracting Entity is one of:

• Fossible Works Inc (Wyoming, USA) — for clients located in the Americas (North & South), Canada, the European Union, and the United Kingdom.
• Tacten Services LLP (Bangalore, India) — for clients located in India, Asia-Pacific, and EMEA. Some EU engagements may be served by Tacten where specified in the Service Order.

Where these Terms refer to "FossibleWorks," "we," "us," or "our," they refer to the Contracting Entity. Both entities operate under the FossibleWorks brand and are bound by the same service standards, security controls, and obligations under these Terms.

"You" includes health service providers, healthcare organisations, and their authorised representatives who access Biograph EHR. By using the Services, you accept these Terms. These Terms incorporate our Privacy Policy by reference. Where an Enterprise Agreement or Service Order exists, it prevails over these Terms in the event of conflict.

2. The Services

"Biograph EHR" and the "Services" means Fossible Works's cloud-hosted and self-hosted EHR platform, CareOps modules, FHIR-native Health Data Platform, associated APIs, developer tools, documentation, and support.

Fossible Works does not provide medical advice. Clinical decisions remain the sole responsibility of the licensed healthcare professional. Health-related data is retained for a minimum of seven (7) years from entry date, or the period required by applicable law, whichever is longer.

Services are delivered by the Contracting Entity. Where work is performed across both entities (for example, India-based engineering supporting an Americas client, or vice versa), the Contracting Entity remains your single point of accountability for all obligations under these Terms, supported by intra-group data processing and operational terms between Fossible Works Inc and Tacten Services LLP.

3. Eligibility & Account Responsibilities

You must be a licensed health service provider or an authorised agent of one, at least 18 years of age, and legally capable of entering contracts. If registering on behalf of an organisation, you warrant you have authority to bind that organisation.

• Maintain accurate account information and the confidentiality of your credentials
• Be responsible for all activity under your account
• Notify us immediately at support@fossibleworks.com of any suspected unauthorised access
• Train all users on appropriate use, HIPAA/GDPR obligations, and these Terms

4. HIPAA Business Associate Obligations

Where Fossible Works processes Protected Health Information (PHI) on your behalf, it acts as a Business Associate under HIPAA/HITECH. A signed Business Associate Agreement (BAA) is required before processing PHI. In that capacity, Fossible Works will:

• Use and disclose PHI only as permitted under the BAA and HIPAA
• Implement administrative, physical, and technical safeguards per 45 CFR Part 164
• Report Security Incidents and Breaches without unreasonable delay
• Ensure subcontractors handling PHI are bound by equivalent protections
• Facilitate your HIPAA access, amendment, and accounting of disclosures obligations
• Upon termination, return or destroy PHI where feasible, and continue BAA protections where destruction is not feasible

Contact info@fossibleworks.com to execute a BAA before go-live.

5. Patient Consent & Data Responsibilities

You represent and warrant that you have obtained all necessary patient consents, authorisations, and releases before entering any health-related information into Biograph EHR, to the fullest extent required by applicable law. You are solely responsible for all data exported from Biograph EHR by users under your account.

6. Prohibited Uses

You may not:

• Circumvent security controls
• Attempt unauthorised access to other users' data
• Submit malicious code
• Reverse-engineer non-open-source components
• Scrape or aggregate data without written authorisation
• Resell the Services without consent
• Use the Services in violation of any applicable law including HIPAA, GDPR, and export control regulations

7. Open Source Licensing

Biograph EHR's core platform is open source, licensed under its applicable OSI-approved licence (see github.com/Tacten/biograph). Commercial enterprise features are subject to separate commercial licence terms in your Service Order. No rights beyond those granted in the applicable open-source licence apply to open-source components.

8. Intellectual Property

Fossible Works and Biograph trade marks, logos, proprietary software components, and documentation are owned by Fossible Works Inc. or its licensors. You retain ownership of all health-related information and content you input into Biograph EHR. Fossible Works claims no ownership over patient health records. You may not use Fossible Works trade marks without prior written permission.

9. Fees & Payment

• Services billed per the applicable Service Order; invoices due within 30 days
• Late payments accrue interest at 1.5% per month or the maximum permitted by law
• Customer responsible for all applicable taxes excluding taxes on Fossible Works's net income

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOGRAPH EHR IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FOSSIBLE WORKS DOES NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOSSIBLE WORKS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. FOSSIBLE WORKS'S TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. NOTHING HEREIN LIMITS LIABILITY FOR DEATH, PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

12. Indemnification

You agree to indemnify and hold harmless Fossible Works from claims arising out of your: (a) violation of these Terms; (b) breach of applicable law including HIPAA; (c) failure to obtain required patient consents; or (d) misuse of the Services.

13. Term & Termination

Either party may terminate per the Service Order. Fossible Works may suspend access immediately for material breach, insolvency, or use posing a security or legal risk. Upon termination, Fossible Works will provide a FHIR-compliant data export and handle PHI per the BAA.

14. Governing Law

Governing law and dispute resolution follow the Contracting Entity:

• Where the Contracting Entity is Fossible Works Inc, these Terms are governed by the laws of the State of Delaware, United States, and disputes shall be resolved by binding arbitration seated in Delaware.
• Where the Contracting Entity is Tacten Services LLP, these Terms are governed by the laws of India, and the courts of Bangalore, Karnataka shall have exclusive jurisdiction, subject to any arbitration clause specified in the Service Order.

Neither party waives the right to seek emergency injunctive relief to protect PHI, confidential information, or intellectual property in any court of competent jurisdiction.

15. Healthcare Terminology Licence Notices

• SNOMED CT — IHTSDO. Non-member territory users may require a separate licence.
• LOINC — Regenstrief Institute, Inc. See loinc.org/license.
• CPT — American Medical Association. Separate US licence required.
• RxNorm — U.S. National Library of Medicine (public domain).
• UCUM — Regenstrief Institute, Inc. See ucum.org/license.
• ICD-10 — World Health Organisation. National edition licences may apply.

16. Contact

Fossible Works Inc
Albany, NY 12211, USA

Tacten Services LLP
Electronic City Phase - 1, Bangalore – 560100, KA, India

For questions about these Terms, contact us at info@fossibleworks.com. Indian clients may also direct correspondence to Tacten Services LLP at the address above.