These Terms of Use and Terms of Service (“Terms”) govern access to and use of the WoundMatic application (“WoundMatic,” “Application,” “Platform,” or “Service”), an integrated wound assessment and monitoring solution within Salus EMR.By accessing or using WoundMatic, you agree to be legally bound by these Terms. If you do not agree, you may not access or use the Application.
If you do not agree, you may not access or use the Service.
WoundMatic is a clinical documentation and wound measurement support tool that enables authorized healthcare professionals to:
· Capture and upload wound images
· Digitally calculate wound dimensions, area, and depth
· Track wound progression over time
· Document wound-related assessments and treatment plans
· Integrate wound data directly into the patient’s Salus EMR record
WoundMatic functions as a clinical support system and is not an autonomous medical device unless otherwise expressly designated.
Access to WoundMatic is restricted to users authenticated through Salus EMR.
Authorized users may include:
· Licensed Physicians
· Advanced Practice Providers (MDs, Dos, NPs, PAs)
· Authorized Clinical Staff acting within scope of practice
· Registered Patients (limited view-only or patient-access permissions)
· System Administrators
Each user must:
· Maintain confidentiality of login credentials
· Comply with all applicable healthcare laws and regulations
· Operate within their professional licensure and scope of practice
Users are responsible for all activity conducted under their credentials.
WoundMatic is a clinical support tool only.
It does not:
· Provide medical diagnoses
· Prescribe treatment
· Replace independent clinical judgment
· Substitute for professional medical evaluation
User acknowledges that environmental variables (e.g., focal length, lighting, skin tone, and use of reference markers) significantly impact algorithmic output. User agrees that they shall not rely on WoundMatic measurements for debridement depth or surgical planning without manual verification via physical probe or calibrated measurement tool.
All measurements, visual analyses, and progression data are algorithmically generated outputs.
Final clinical interpretation, diagnosis, prescribing, and treatment decisions remain solely the responsibility of the licensed treating clinician.
Use of WoundMatic does not create a provider-patient relationship independent of the treating healthcare professional.
WoundMatic permits:
· Image capture and upload
· AI or algorithm-assisted wound measurement
· Historical comparison of wound progression
· Annotation and treatment documentation
Users acknowledge:
· Measurements are technology-assisted estimates
· Environmental factors (lighting, positioning, device quality) may impact accuracy
· All outputs must be clinically verified prior to use in medical decision-making
User acknowledges that environmental variables (e.g., focal length, lighting, skin tone, and use of reference markers) significantly impact algorithmic output. User agrees that they shall not rely on WoundMatic measurements for debridement depth or surgical planning without manual verification via physical probe or calibrated measurement tool.
By using WoundMatic, User confirms they have obtained valid patient consent for the capture and algorithmic processing of wound images, which may be stored for clinical and comparative longitudinal analysis.
The Company disclaims liability for reliance on unverified algorithmic outputs.
All wound-related data:
· Is linked to the patient record within Salus EMR
· Is stored using encrypted and secure infrastructure
· Is accessible only to authorized personnel under role-based permissions
Security controls include:
· Encrypted HTTPS transmission
· Role-based access control (RBAC)
· Secure authentication (JWT/session-based tokens)
· Audit logging of user activity
· Administrative access controls
Data is maintained in accordance with applicable healthcare privacy and security regulations.
Patient wound records are retained:
· In accordance with applicable federal and state medical record retention laws
· For the duration required under healthcare regulatory standards
· Until lawful deletion is requested and permitted
Deletion requests may be denied where retention is required by law, payer rules, or regulatory compliance obligations
Users may not:
· Access data without authorization
· Upload non-clinical or inappropriate content
· Attempt to reverse-engineer or manipulate measurement algorithms
· Use the system outside professional licensure scope
· Introduce malicious code or security threats
By using WoundMatic, User confirms they have obtained valid patient consent for the capture and algorithmic processing of wound images, which may be stored for clinical and comparative longitudinal analysis.
Violation may result in suspension or termination of access.
Users may not:
· Access data without authorization
· Upload non-clinical or inappropriate content
· Attempt to reverse-engineer or manipulate measurement algorithms
· Use the system outside professional licensure scope
· Introduce malicious code or security threats
By using WoundMatic, User confirms they have obtained valid patient consent for the capture and algorithmic processing of wound images, which may be stored for clinical and comparative longitudinal analysis.
Violation may result in suspension or termination of access.
To the fullest extent permitted by law, WoundMatic and its operators shall not be liable for:
· Clinical decisions made by healthcare professionals
· Misdiagnosis or improper treatment
· Measurement inaccuracies not clinically verified
· User negligence or misuse
· Indirect, incidental, or consequential damages
Nothing in these Terms shall limit liability for death or personal injury resulting from the Company's gross negligence or willful misconduct, but liability for automated measurement variances is strictly limited to the cost of the software license.
WoundMatic is provided “AS IS” and “AS AVAILABLE” without warranties of uninterrupted or error-free operation.
10. REGULATORY STATUS
WoundMatic is intended as a documentation and clinical workflow support tool. WoundMatic is intended as a 'Clinical Decision Support' tool under 21 U.S.C. § 360j(o)(1)(E). The Service displays the source image and raw data to the User, allowing the User to independently review the basis for any generated measurement or suggestion.
If applicable, regulatory classification (including FDA device classification, if required) will be disclosed separately.
Users are responsible for ensuring compliance with local regulatory requirements applicable to their jurisdiction.
We reserve the right to update or modify these Terms at any time to reflect:
· Regulatory changes
· Operational updates
· Security enhancements
· Product modifications
Continued use of the Application constitutes acceptance of revised Terms.
These Terms and any dispute arising out of or relating to WoundMatic, Salus EMR, or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
Any legal action, claim, or proceeding arising out of or relating to these Terms or the use of the Services shall be brought exclusively in the state or federal courts located in Dallas County, Texas.
Each party:
· Irrevocably submits to the exclusive jurisdiction of such courts;
· Waives any objection based on improper venue or forum non conveniens;
· Consents to personal jurisdiction in Dallas County, Texas.
This venue provision is a material inducement to provide access to the Services.
For purposes of the Texas Data Privacy and Security Act (Tex. Bus. & Com. Code § 541 et seq.):
· The Healthcare Provider using Salus EMR and WoundMatic acts as the “Controller” of Personal Data and Protected Health Information.
· Salus EMR and WoundMatic act solely as a “Processor” on behalf of the Controller.
We process Personal Data only:
· Pursuant to documented instructions from the Controller;
· For the purpose of providing healthcare documentation, wound assessment support, and EMR integration services;
· In compliance with applicable healthcare and privacy regulations.
Salus EMR and WoundMatic do not engage in the “Sale of Personal Data” as defined under Texas law.
We do not:
· Sell Personal Data;
· Share Personal Data for cross-context behavioral advertising;
· Use Personal Data for independent commercial profiling outside the scope of healthcare operations.
WoundMatic is intended for use solely by authorized users within licensed healthcare environments.
HIPAA Business Associate Agreement
If you are a “Covered Entity” as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), your use of the Service is also governed by the WoundMatic / Salus EMR Business Associate Agreement (“BAA”), which is hereby incorporated into these Terms by reference.
In the event of any conflict between these Terms and the BAA with respect to Protected Health Information (“PHI”), the BAA shall control.