Product Specific Terms

Updated January 30, 2025

ImageTrend Vault™ Product Specific Terms

1. ImageTrend Vault can store additional data fields from ImageTrend Service Bridge, Fire Bridge, State Bridge, or Rescue Bridge (“ImageTrend Version 2 Products”). These are the data fields beyond the NEMSIS National Data Elements but supported by ImageTrend Version 2 Products. These data fields have the ImageTrend “IT” flag in the NISE export file as exported by the ImageTrend Version 2 Products. ImageTrend Vault may also import related incident attachments and pre-existing attached PDFs from ImageTrend Version 2 Products. ImageTrend Vault cannot accept nor store data beyond the elements identified here for legacy data ImageTrend Version 2 Products. ImageTrend makes no promise to accept or store data in ImageTrend Vault except as identified herein.

2. ImageTrend Vault can import NEMSIS 2.2.1 standardized Legacy Data with the following limitations:

1. NEMSIS 2.2.1 XML Legacy Data from non-ImageTrend vendors may be imported into ImageTrend Vault provided the NEMSIS 2.2.1 XML Legacy Data is the same compatible format as the NEMSIS 2.2.1 XML Legacy Data System’s State NEMSIS submission and otherwise conforming with the NEMSIS Data Dictionary v2.2.1 available at https://nemsis.org/media/nemsis_v2/documents/NEMSIS_Data_Elements_Definitions_v2.2.1.xls (“Conforming Legacy Data File”). It shall be the Customer and/or Customer vendor’s responsibility to ensure ImageTrend is supplied with a conforming NEMSIS 2.2.1 XML Legacy Data file.

1. As part of the ImageTrend Vault product and service package, ImageTrend shall perform a one (1) time import of Legacy data by either 1) Importing data from Customer’s ImageTrend Version 2 Products utilizing ImageTrend tools, or 2) importing a Conforming Legacy Data File. Additional uploads, corrections or modifications to uploaded data elements, or any other activity related to importing Legacy Data after ImageTrend has completed the one-time import is out of scope. ImageTrend may or may not choose to undertake this additional work at ImageTrend’s sole discretion pursuant to an SOW agreed to by the Parties..

AUTO BILLING EXPORT TO FTP

1. AVAILABLE EXPORTS The following file formats are available for export:
   3. NEMSIS XML Version 3.3.4, or latest version with attachments
   4. NEMSIS XML Version 2.2.1, without attachments
   5. System “Default” PDF format

1. File Name Format The above files will be named according to this convention: “CustomerName_IncidentID_IncidentNumber”
2. Export Schedule Incidents will be exported every ten (10) minutes. The system will modify the status of exported incidents. Previously exported incidents will not be exported a second time.  The Export Add-on Form will provide the specific criteria for each Customer.
3.  FTP REQUIREMENTS

1. Customer must use an FTP location which utilizes transport encryption (e.g. SFTP, FTPS with a modern transport encryption protocol such as TLS 1.1 or higher) to which the exported files will be deposited by the system
2. Customer must provide to ImageTrend the desired FTP directory, FTP URL, credentials (e.g. username and password) for the FTP location
3. Dynamic workflow and process based subdirectories and naming conventions are out-of-scope for the FTP Automated Export. Dynamically depositing exported files and dynamically naming them is available as a custom project requiring its own Statement of Work at ImageTrend’s standard rate of $175/hour, please contact your ImageTrend sales representative for more information.

ADMINISTRATIVE REQUIREMENTS:

1. Customer must fill out the “Agency Export Form”. ImageTrend reserves the right to conduct no work until the Agency Export Form for the agency is complete. The completed form should be transmitted to ImageTrend via email.
2. Customer must fill out and sign the “ePHI Data Export Sign Off” form. ImageTrend reserves the right to conduct no work until ImageTrend possesses a signed copy of the “ePHI Data Export Sign Off” form for the agency
3. Customer must provide the date or date range of incidents that should be initially exported upon set-up (e.g. export is set up Jan 1, 2019 but all Ready To Bill status incidents from December 1, 2018 and forward should be initially exported)

Data Mart Product Specific Terms

1. DELIVERY OF IMAGETREND DATA MART DATA. Customer may choose to receive regular deliveries of Data Mart data continuously via Microsoft SSIS or as otherwise negotiated between the parties. Such deliveries do not include the provisioning of a database instance or virtual private connection to directly run database queries against an ImageTrend Data Mart.. Customer must host and provision its own Microsoft SQL Server instance or other tool to manipulate the .BAK file, as applicable.

2. FTP DELIVERY OF IMAGETREND ELITE DATA MART DATA Customer may choose to receive regular deliveries of Data Mart data via FTP or as otherwise negotiated between the parties. Such data shall be delivered in .BAK file format as frequently as agreed between customer and ImageTrend. Such deliveries do not include the provisioning of a database instance or virtual private connection to directly run database queries against an ImageTrend Data Mart. Customer must host and provision its own Microsoft SQL Server instance or other tool to manipulate the .BAK file, as applicable.

3. DATA MART RESTRICTIONS ON MULTI-AGENCY SITES. In the event of a multi-agency site, only the owner of such multi-agency site may subscribe to DataMart.  Any subscription to DataMart by a non-owner single agency on a multi-agency site is void.

MANDATORY TERMS OF USE FOR CLEARINGHOUSE PROVIDER

 Customer shall adhere to the rules, regulations and policies of Payers and governmental agencies having jurisdiction including the department of Health and Human Services (“HHS”). Customer shall provide or obtain any documents or supplementary agreements requested by Clearinghouse necessary to comply with said rules, regulations, and policies. Customer shall be bound, to the same extent as Clearinghouse, by all applicable Payer-imposed contractual obligations or policies required for access to such Payer, and this Agreement shall be subject to any such obligation or policy. Customer acknowledges that from time to time, Customer may be required to give its written acknowledgement of certain obligations. With respect to Medicaid eligibility transactions, Clearinghouse and ImageTrend are required to obtain and pass on the following covenants from Customer: (a) access to eligibility information shall be restricted to the sole purpose of verification of Medicaid eligibility where the recipient has requested Medicaid payment for medical services; (b) verification of eligibility under the system is not a guarantee of payment and the records as to the recipient’s eligibility status shall be final authority; (c) Customer indemnifies and holds harmless each State, its agents and employees, from any and all claims by such Customer or any recipient who is aggrieved by the actions of Customer; and (d) Customer agrees to abide by the Federal and State regulations regarding confidentiality of information. Clearinghouse EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. Clearinghouse does not guarantee the payment or the timing of payment of any claims submitted through the Clearinghouse Services. Payment remains the responsibility of the particular Payer of health care services and/or supplier to which the Customer is submitting. IN NO EVENT SHALL CLEARINGHOUSE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES EVEN IF CLEARINGHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLEARINGHOUSE’S AGGREGATE LIABILITY TO CUSTOMER UNDER THIS AGREEMENT AND WITH RESPECT TO CLEARINGHOUSE SERVICES, CHC PRODUCTS AND CHC MATERIALS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LAW OR EQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE LESSER OF (A) THE PRICE PAID BY VENDOR TO CLEARINGHOUSE FOR THE PARTICULAR CLEARINGHOUSE SERVICES, CLEARINGHOUSE PRODUCTS AND/OR CLEARINGHOUSE MATERIALS DURING THE ONE (1) YEAR PRECEDING VENDOR’S CLAIM; OR (B) $10,000. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. In the event information to be transmitted through the Clearinghouse Services is not transmitted by Clearinghouse or is not accurately transmitted as a result of Clearinghouse’s failure to perform the Clearinghouse Services in accordance with the terms of this Agreement and such failure results in damage to Customer, then Clearinghouse’s sole obligation and liability to Customer for such event (subject to reasonable mitigation by Customer) shall be limited to furnishing credits on subsequent invoices from Clearinghouse to ImageTrend and Customer in an aggregate amount equal to the actual damages incurred for reconstructing or retransmitting the data, including reasonable out-of-pocket expenses which Customer can demonstrate it has sustained and which are directly attributable to such failure. Any claim against Clearinghouse by Customer must be asserted in writing within sixty (60) days after Clearinghouse should have transmitted information received from a Customer or the transmission of inaccurate information on which the claim is based, whichever is applicable. Customer hereby agrees to promptly supply to Clearinghouse and ImageTrend documentation reasonably requested by Clearinghouse or ImageTrend to support any claim of Vendor. THE FOREGOING STATES THE ENTIRE LIABILITY OF CLEARINGHOUSE WITH RESPECT TO CLAIMS THAT INFORMATION WAS NOT TRANSMITTED OR WAS TRANSMITTED INACCURATELY BY CLEARINGHOUSE AND SUCH LIABILITY IS FURTHER LIMITED BY THE LIMITATIONS OF LIABILITY APPEARING IN THE PARAGRAPH ABOVE.