Terms of Service — HCC Coding Assistant

Effective date: 2026-11-06 · Penguin AI · Contact: [email protected]

1. The service

The HCC Coding Assistant analyzes de-identified medical chart documents and clinical notes to suggest ICD-10 diagnosis codes with CMS-HCC risk-adjustment mappings, E/M visit levels, and cited clinical summaries. It is provided as a professional assistant: suggestions are inputs to expert work, not finished work.

2. Professional review is required

Outputs are AI-generated suggestions and may be incomplete or incorrect. They are not medical advice and not billing determinations. A qualified, credentialed coding professional must review every suggestion before any clinical, billing, or submission use. You are solely responsible for what you submit to any payer.

3. Acceptable use

• De-identified documents only. You must not upload documents containing patient identifiers. The service screens for and refuses such documents, but the screening is a safeguard, not a substitute for your obligation.
• You must hold whatever rights are required to submit the documents you upload.
• No attempts to probe, overload, or circumvent the service's security or screening mechanisms.

4. Accounts and billing

You sign in with your Gwen account (gwen.penguinai.co) and are responsible for activity under it. Use of the service is charged to your Gwen credits at the actual cost of each request (AI processing and PHI screening); some reference tools are free. Screening is charged even when a document is refused because it contains identifiers. If your balance is insufficient, requests are refused until you add credits in Gwen. Credit purchases, balances and refunds are governed by Gwen's terms.

5. Your data

Handled as described in our Privacy Policy, which is part of these terms. In short: transient processing, 7-day operational retention, reviewer decisions kept as an audit record, no sale of data, no training on your documents.

6. Availability and changes

The service is provided "as is" and "as available", without warranties of any kind, express or implied. We may modify, suspend, or discontinue the service, and may update these terms — the effective date above changes when we do. Continued use after a change constitutes acceptance.

7. Limitation of liability

To the maximum extent permitted by law, Penguin AI is not liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits or revenues, arising from use of the service — including decisions made in reliance on its suggestions. Our total liability for any claim is limited to the amount you paid for the service in the twelve months preceding the claim.

8. Termination

We may suspend or terminate access for breach of these terms, including attempts to submit identified patient data. You may stop using the service at any time; retained records expire per the privacy policy.

9. Contact

Questions about these terms: [email protected].