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Effective For Order Forms Executed After March 13, 2025
SUBSCRIPTION/LICENSE DESCRIPTIONS
· The customer requires direct data feed conversion from a TPA or Carrier.
· The customer requires administration access in Origami Risk.
· The customer requires its own set of currency conversion rates in Origami Risk.
· The customer requires the ability for customer users to add claims or incidents to the service above 200 per year.
For clarity, the following table sets forth the functionality available to Broker Customer Users:
This license gives access to Origami’s interface with Mitchell for the purpose of state workers’ compensation reporting. Pursuant to this license, Origami will provide its First Reports of Injury (“FROI”)/Subsequent Reports of Injury (“SROI”) Automation Module within the Service to facilitate tracking and reporting of FROI and SROI related data, configured on a per-state basis; and will allow Client to maintain and process claim and transactional data for submission to states via Electronic Data Interchange (“EDI”). Origami’s interface with Mitchell allows for the creation, validation and submission of First Report of Injury submissions. Origami’s interface will receive a file back noting any exceptions, driving adjuster notifications and workflow.
EDI FROI/SROI Reporting via Mitchell is a subscription service which requires a separate agreement with Mitchell. Client understands that Origami is providing an interface with Mitchell and that Mitchell will provide its services pursuant to an agreement between Client and Mitchell. Origami makes no representations or warranties with respect to Mitchell’s services and in no event shall Origami be responsible or liable for any acts or omissions of Mitchell. Origami’s automated EDI FROI/SROI solution requires the Client to utilize Origami’s standard EDI FROI/SROI functionality and layouts, including EDI related claim fields, codes, financial buckets, and financial categories. If the agreement between Origami and Mitchell is terminated during the term of the Order Form, Origami shall provide prompt written notice to Client, and the Mitchell services under the Order Form shall be terminated as of such date (and Origami will provide a refund to Client of any prepaid and unused fees for the Mitchell services). Origami will only support this feature in an ongoing phase if no modifications to these areas have been made.
4. You acknowledge that Company and its Third-Party Information Providers make no representations or warranties of any kind with respect to the Information, including but not limited to, the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the Information or of the media on which the Information is provided and you agree that Company and its Third-Party Information Providers shall not be liable to you for any loss or injury arising out of or caused, in whole or in part, by Company’s negligent acts omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the Information.
5. You agree that Company and its Third-Party Information Providers will not be liable for consequential, incidental, special, punitive, or other indirect damages, even if advised of the possibility of such damages. You also agree that Company’s and its Third-Party Information Providers’ aggregate liability, if any, for any and all losses or injuries to you arising out of any acts or omissions of Company in connection with a particular order or service, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid by you for the Information furnished pursuant to such order or service or $5000, whichever is greater, and you covenant and promise not to sue Company for an amount greater than such sum. You also agree to give Company immediate written notice of all actions, claims, losses, or damages arising out of the licensing or use of the Information.
6. You acknowledge and agree that the Information is proprietary to Company and comprises: (a) works of original authorship, including compiled information containing Company’s selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by Company at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm Company. You agree that you will not commit or permit any act or omission by your agents, employees, or any third party that would impair Company’s copyright or other intellectual property rights or proprietary rights in the Information. You will not use any Company trade names, trademarks, service marks or copyrighted materials in listings or advertising in any manner without the prior written approval of Company. You shall reproduce Company’s copyright notice and proprietary rights legend on all authorized copies of such Information.
7. You acknowledge and agree that Company shall be allocated and limited to the number of accounts monitored and you may change the accounts monitored at any time provided you do not change more than ten percent (10%) of your accounts in any twelve (12) month period. You agree business entities for which a report is viewed will be counted as an account being monitored and if you wish to monitor accounts or view one-time reports above the ten percent (10%) limit, you agree to increase the Subscription Level or purchase the right to view one-time reports.
8. You agree that this Agreement is entered into between yourself and Company for the benefit of Company and the Third-Party Information Providers and that the Third-Party Information Providers are third-party beneficiaries hereof. You agree that Company may, in its own name or in the name of is Third-Party Information Providers enforce this Agreement against you; provided, however, that you agree that you will look only to Company and not to the Third-Party Information Providers for performance by Company of its obligations hereunder.
9. Upon expiration or termination of an order with respect to particular Information, you shall immediately delete, destroy or return all originals and copies of any Company Information, unless you are otherwise instructed by Company or the Argos Risk; and upon request, provide Company with certification thereof.
Subscription Notes:
HOSTING AND CLOUD MANAGED SERVICES
Origami will host the application and data and will back up Client Data at periodic intervals each day as set forth in the Service Level Agreement.
ADDITIONAL PRODUCTION TENANT
If Client has purchased an additional production tenant, the following terms and conditions apply:
PRE-PRODUCTION ENVIRONMENT
If Client has purchased a tenant in the pre-production environment (the “Pre-Prod Environment”), the following terms and conditions apply:
Termination; Suspension
DISCLAIMER OF WARRANTIES. THE PRE-PROD ENVIRONMENT IS PROVIDED “AS IS” AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. ORIGAMI (1) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY MATTER, INCLUDING ANY REPRESENTATION THAT THE PRE-PROD ENVIRONMENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND (2) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THE PRE-PROD ENVIRONMENT IS PRELEASE, IS EXPECTED TO CONTAIN DEFECTS, SOME OF WHICH MAY BE MATERIAL, AND IS NOT EXPECTED TO OPERATE AT THE LEVEL OR PERFORMANCE OR COMPATIBILITY OF A FINAL, PUBLICLY AVAILABLE PRODUCT OFFERING. IN NO EVENT SHALL ORIGAMI BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRE-PROD ENVIRONMENT.
DATA PROCESSING
Origami will process the claims data received from Client data providers and maintain import and/or export routines and schedules with third parties as indicated in the applicable Order Form.
In connection with these data processing activities, if any, Client agrees that it will:
ADDITIONAL SERVICES
Additional subscriptions, users, hosting or other use beyond that which is listed in the Order Form shall require additional fees. Origami shall invoice Client, and Client shall pay for any additional licenses, hosting, service hours or other usage in excess of what is specified in the applicable Order Form. All such fees will be at Origami’s then-current rates. If needed, additional services can be purchased through an Order Form or Statement of Work, as applicable.