Terms of Service
Effective April 25, 2026
These Terms govern your access to and use of suprememedicalevaluationgroup.com (the “Site”) and the SMEG product (the “Service”), provided by Supreme Medical Evaluation Group, LLC (“SMEG”).
1. Acceptance
By submitting a form, signing an Order Form, or using the Site or Service, you agree to these Terms on behalf of yourself and the organization you represent (the "Customer"). If you do not agree, do not use the Service.
If you and SMEG have signed a separate Master Services Agreement, Order Form, or BAA, those signed documents control where they conflict with these Terms.
2. Eligibility & accounts
You must be at least 18 years old and authorized to bind your organization. You are responsible for all activity under your account credentials. Notify SMEG immediately of suspected unauthorized access at smeg@suprememedicalevaluationgroup.com.
3. Acceptable use
You will not, and will not allow any third party to:
- Use the Service in violation of any law (including HIPAA) or any third party's rights.
- Reverse-engineer, decompile, or disassemble the Service except where applicable law expressly permits.
- Interfere with the Service's integrity, security, or performance, including by uploading malware, attempting unauthorized access, or evading rate limits.
- Use the Service to develop a competing product or to benchmark for publication without SMEG's prior written consent.
- Submit content that you do not have the right to submit, including PHI for which a BAA is not in place.
4. Intellectual property
4.1 Customer content
You own your content. Therapy notes, MDS data, patient records, and any other materials you submit ("Customer Content") remain your property (or the property of your patients and their legal representatives, as applicable). You grant SMEG a limited, non-exclusive license to host, process, and display Customer Content solely to provide the Service to you.
SMEG does not claim ownership over Customer Content, derivative clinical findings, generated reports, or coaching guidance produced for you. SMEG does not use identifiable PHI to train machine-learning models (see HIPAA Notice §7).
4.2 SMEG IP
The Service, the Site, the SMEG name and marks, the underlying compliance rule library, the scoring methodology, and all software, documentation, and design are owned by SMEG or its licensors. Subject to these Terms, SMEG grants Customer a limited, non-transferable, non-sublicensable right to use the Service during the subscription term.
4.3 Feedback
If you provide suggestions, ideas, or feedback, you grant SMEG a perpetual, irrevocable, royalty-free license to use that feedback to improve the Service. SMEG will not attribute feedback to you publicly without consent.
5. Clinical disclaimer
SMEG is not a substitute for clinical judgment. The Service produces documentation-risk signals and review guidance. The licensed clinician of record — and the Covered Entity employing that clinician — remains responsible for the accuracy of the medical record, the appropriateness of services billed, and any submitted claims. SMEG's findings are advisory and intended to be reviewed and acted upon by qualified clinical and billing staff.
Nothing in the Service constitutes legal advice. SMEG references CMS rules, OIG guidance, and other regulatory authorities; those references are summaries and are not a substitute for consulting your legal counsel and compliance officer.
6. Fees & payment
Fees are stated in your Order Form or invoice. Unless otherwise stated, fees are due net 30 days from invoice. Late amounts accrue interest at 1.0%/month or the maximum permitted by law, whichever is lower. Fees are non-refundable except as expressly provided in a signed Order Form.
SMEG may suspend the Service for accounts more than 60 days past due, after written notice and an opportunity to cure. SMEG will not delete Customer Content during a payment dispute pursued in good faith.
7. Service availability
Unless a signed Order Form states otherwise, pre-launch evaluation, pilot, and free/demo materials are provided without an availability commitment.
Production availability, support response times, and maintenance notices will be defined in the applicable signed Order Form if/when production service is purchased.
8. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR IN A SIGNED ORDER FORM, THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." SMEG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SMEG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL DETECT EVERY DOCUMENTATION ISSUE OR PREVENT EVERY DENIAL. CUSTOMER ACKNOWLEDGES THAT REGULATORY INTERPRETATION INVOLVES JUDGMENT AND THAT NO REVIEW PRODUCT CAN GUARANTEE AUDIT, PAYMENT, OR PAYER OUTCOMES.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO SMEG IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to: (a) Customer's payment obligations; (b) either party's indemnification obligations; (c) breach of confidentiality; (d) infringement of the other party's intellectual property; (e) fraud or willful misconduct; or (f) liability that cannot be limited under applicable law.
10. Indemnification
SMEG will defend Customer against third-party claims that the Service, used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark, and will pay damages finally awarded or amounts in settlement approved by SMEG.
Customer will defend SMEG against third-party claims arising out of (a) Customer Content, (b) Customer's use of the Service in violation of these Terms or applicable law, or (c) Customer's breach of any healthcare-regulatory obligation owed to a patient or regulator.
Each party's indemnification obligation is conditioned on prompt written notice of the claim, sole control of the defense (with reasonable cooperation from the indemnified party), and no settlement that imposes obligations on the indemnified party without its written consent.
11. Term & termination
These Terms remain in effect while you use the Service. Either party may terminate for material breach not cured within thirty (30) days after written notice. Either party may terminate immediately if the other becomes insolvent, makes an assignment for the benefit of creditors, or has bankruptcy proceedings instituted against it that are not dismissed within sixty (60) days.
On termination: (a) Customer's right to use the Service ends; (b) Customer Content is returned or deleted in accordance with the BAA and Privacy Policy; (c) accrued payment obligations survive; (d) Sections 4 (IP), 5 (Clinical disclaimer), 8 (Warranties), 9 (Liability), 10 (Indemnification), and 14 (Governing law) survive.
12. Modifications
SMEG may update these Terms from time to time. Material changes take effect 30 days after notice (posted on this page and emailed to account contacts). Continued use after the effective date constitutes acceptance.
13. Confidentiality
Each party will protect the other party's Confidential Information using the same care it uses to protect its own confidential information of like kind, and not less than reasonable care. Confidential Information may be used only to perform under these Terms and disclosed only to personnel and Subprocessors with a need to know who are bound by confidentiality obligations substantially similar to these.
14. Governing law & venue
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles. Each party consents to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada for any action arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
15. Miscellaneous
- Entire agreement. These Terms, together with any signed Order Form, MSA, or BAA, are the entire agreement between the parties on this subject and supersede prior or contemporaneous communications.
- Assignment. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all assets, and provided the assignee assumes all obligations.
- Severability. If any provision is held unenforceable, the remainder remains in full force.
- No waiver. Failure to enforce any provision is not a waiver.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Notices. Notices to SMEG must be sent to smeg@suprememedicalevaluationgroup.com with a copy to the mailing address in our Privacy Policy.
- Independent contractors. Nothing creates a partnership, agency, joint venture, or employment relationship.