Terms of Service

These Terms of Service ("Terms") govern your use of ExclusionWatch (the "Service"), operated by Kos Holdings LLC, an Oregon limited liability company ("we," "us"). By creating an account or using the Service, you agree to these Terms on behalf of yourself and the organization you represent ("you," "Customer").

1. The Service

ExclusionWatch screens the roster of individuals and entities you provide against the U.S. Department of Health and Human Services Office of Inspector General List of Excluded Individuals and Entities ("LEIE") and produces screening reports. The Service is a screening aid: it automates comparison of your roster against published exclusion data and documents the results.

2. Not legal advice; no compliance guarantee

The Service does not provide legal advice, and no output of the Service constitutes legal advice or a legal determination. A "potential match" is not a determination that a person is excluded, and a "clear" result is not a guarantee that a person is not excluded. Name-based matching is inherently imperfect: it can produce false positives and, where roster data is incomplete or inaccurate, false negatives. Per OIG guidance, potential matches must be verified through OIG's official online search using Social Security or EIN data, which the Service cannot access. You remain solely responsible for your organization's compliance with 42 CFR §1001.1901 and all other applicable laws, including employment decisions and the resolution of potential matches. We recommend consulting qualified compliance counsel for exclusion-related decisions.

3. Data sources

The LEIE is published by HHS-OIG, typically monthly. We refresh our copy promptly after publication, but we do not control the accuracy, completeness, or publication schedule of government data sources, and screening reflects the most recent dataset we have successfully retrieved (each report identifies the dataset used). The Service currently screens against the federal LEIE only; it does not screen state Medicaid exclusion lists or the GSA/SAM.gov exclusion list unless expressly stated in your plan.

4. Your responsibilities

You are responsible for: (a) the accuracy and completeness of the roster data you provide, and for keeping it current; (b) having a lawful basis to provide us the personal data of the individuals on your roster; (c) reviewing screening reports and resolving flagged matches; (d) safeguarding your account credentials; and (e) using the Service only for screening individuals and entities connected to your own organization. You may not use the Service to screen the general public, to make consumer credit, insurance, or tenancy decisions, or as a consumer reporting agency within the meaning of the Fair Credit Reporting Act.

5. Subscriptions, trials, and billing

Paid plans are billed monthly in advance through our payment processor (Stripe) and renew automatically until canceled. Free trials convert to no service (not to a paid plan) unless you subscribe. Roster size limits apply per plan. You may cancel at any time, effective at the end of the current billing period; we do not provide prorated refunds except where required by law. We may change pricing with at least 30 days' notice, effective at your next renewal.

6. Data ownership and our use of data

You own your roster data and screening history. We use it only to provide the Service — running screenings, generating reports, and sending you Service emails — and as described in our Privacy Policy. We do not sell your data or the personal data of individuals on your roster. You can request deletion of your account and data at any time.

7. Availability

We aim for high availability but do not guarantee uninterrupted service. Scheduled screenings that fail (for example, because a government data source is unavailable) are retried; if a monthly screening cannot be completed, we will notify you so you can screen manually.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT SCREENING RESULTS WILL BE ACCURATE, COMPLETE, OR SUFFICIENT TO ACHIEVE REGULATORY COMPLIANCE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR CIVIL MONETARY PENALTIES, FINES, OVERPAYMENT LIABILITY, LOST PROFITS, OR LOST DATA, ARISING FROM OR RELATED TO THE SERVICE; AND (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You will indemnify and hold us harmless from third-party claims arising out of your roster data, your employment or contracting decisions, or your violation of these Terms or applicable law.

11. Termination

You may stop using the Service and cancel at any time. We may suspend or terminate accounts that violate these Terms, abuse the Service, or remain unpaid, with notice where practicable. Upon termination we will make your screening history available for export for 30 days, after which it may be deleted.

12. Changes

We may update these Terms from time to time. Material changes will be announced by email or in-app notice at least 14 days before taking effect; continued use after the effective date constitutes acceptance.

13. Governing law

These Terms are governed by the laws of the State of Oregon, without regard to conflicts of law rules. Exclusive venue for disputes is the state or federal courts located in Marion County, Oregon.

14. Contact

Kos Holdings LLC (DBA ExclusionWatch), Salem, Oregon · [email protected]