Agreement to These Terms
These Terms of Service ("Terms") constitute a legally binding agreement between Iconic LMS LLC ("Iconic LMS," "we," "us," or "our") and the skilled nursing facility, healthcare organization, or individual ("Facility," "Customer," or "you") accessing or using our learning management software, course libraries, and related digital tools.
If you are entering into these Terms on behalf of a nursing facility, corporate operating group, or healthcare enterprise, you represent and warrant that you possess the full corporate authority to bind that entity to these Terms. If you do not have such authority, or do not agree with these Terms, you must not access or use the platform.
Platform Scope & Services
Iconic LMS provides a specialized web and mobile compliance learning management system (LMS) created specifically for skilled nursing facilities (SNFs):
๐ Included Platform Services
- Role-based workforce training assignment (CNAs, Nurses, Leadership, Operations).
- CMS F-Tag mapping and automated inservice assignment engines.
- Audit-ready digital survey binder generation and record export.
- Digital policy distribution, acknowledgment tracking, and competency sign-offs.
- Real-time facility compliance monitoring dashboards.
๐ซ Excluded & Out-of-Scope Items
- Electronic Health Records (EHR / EMR) and clinical patient charting.
- Medical diagnosis, clinical decision support, or direct patient care instructions.
- Legal advice, regulatory representation, or formal survey defense counsel.
- Guarantees of state survey outcomes or regulatory agency findings.
Health Information Restriction (No PHI)
Iconic LMS is engineered strictly for employee workforce training, inservice tracking, and administrative compliance. The platform is neither configured nor permitted to receive, process, or store Protected Health Information (PHI) under HIPAA, resident medical charts, or clinical identifiers. Facilities must never upload resident medical records into the platform. Where a facility requires it, Iconic Academy will enter into a Business Associate Agreement (BAA).
Your facility warrants that it will not input, upload, or transmit any resident or patient health records into course materials, policy uploads, or support requests.
Facility Accounts & Access
Access to Iconic LMS is provided on a role-based seat or subscription basis. Facility administrators are responsible for designating authorized users, assigning roles, and keeping user rosters accurate.
- Credential Security: Users must maintain the confidentiality of their credentials and not share accounts between staff members.
- Roster Maintenance: Administrators must promptly deactivate credentials of terminated or relocated personnel.
- Notification: You agree to notify Iconic LMS immediately at david@iconiclms.com if you suspect unauthorized access to your account.
Acceptable Use & Conduct
When accessing or using the platform, your facility and staff agree not to:
- Use the platform for any illegal purpose or in violation of state or federal healthcare regulations.
- Circumvent or tamper with security measures, authentication tokens, or access controls.
- Upload malicious code, malware, viruses, or automated scraping tools.
- Share facility login credentials or course content with unauthorized third-party facilities or organizations.
- Reverse engineer, decompile, or copy the platform's source code, F-Tag algorithms, or interface design.
Facility Data Ownership
As between Iconic LMS and your facility, you retain all right, title, and interest in and to your employee data, uploaded inservice materials, policies, and training completion records ("Facility Data").
You grant Iconic LMS a limited, non-exclusive license to host, process, and display Facility Data solely as necessary to provide the platform services and support to your facility.
Compliance & Survey Disclaimers
Iconic LMS organizes training records, maps inservices to CMS F-Tags, and automates binder exports for state survey inspections (e.g., CMS 42 CFR ยง 483). However:
- No Legal Advice: Course modules, AI summaries, and policy templates are for educational and workflow support only and do not constitute legal or regulatory advice.
- No Guaranteed Survey Outcome: We do not warrant that use of the platform will prevent citations, penalties, or deficiencies during an annual survey or complaint inspection.
- Facility Responsibility: Your facility remains solely responsible for ensuring its operational practices, policies, and clinical staffing meet state and federal standards.
AI-Assisted Regulatory Tools
Iconic LMS incorporates AI-assisted tools (such as Stacy M. AI) to assist facility leaders in searching the CMS State Operations Manual (SOM) and drafting inservice outlines.
- Assistive Only: AI outputs are advisory and must be verified against current CMS guidelines by a qualified nursing director or administrator prior to facility implementation.
- Human Judgment: Automated suggestions do not replace licensed clinical oversight or legal interpretation.
Subscription & Billing
Platform access is billed on an agreed annual or monthly subscription schedule per facility:
- Advance Billing: Subscription fees are invoiced and payable in advance of the service period.
- Taxes: Fees are exclusive of applicable federal, state, or local sales taxes.
- Renewal: Subscriptions automatically renew for successive terms unless canceled prior to the renewal date in accordance with your order agreement.
Intellectual Property & Course Licensing
The Iconic LMS software, branding, user interfaces, proprietary course catalog, and F-Tag database are the exclusive intellectual property of Iconic LMS LLC and its licensors.
Third-party SCORM courses or custom policies authored by your facility remain the property of their respective creators.
Availability & Support
We strive to provide dependable, high-availability service (targeting 99.9% uptime). Scheduled maintenance is conducted during off-peak hours to minimize disruption to shift-change operations.
Technical and administrative support is provided via email and our support desk according to your facility's service plan.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Iconic LMS platform and course content are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the maximum extent permitted by law, Iconic LMS LLC and its officers, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or operational downtime.
Our aggregate liability arising out of or related to these Terms or your use of the platform shall not exceed the total fees paid by your facility to Iconic LMS in the twelve (12) months preceding the incident.
Term, Suspension & Data Export
Either party may terminate the agreement as set forth in the subscription order or for material breach. Upon termination, your facility will have thirty (30) days to export historical training records and binders before account deactivation.
Contact & Legal Notices
For legal inquiries, contractual notices, or questions regarding these Terms of Service, please contact our legal team:
Iconic LMS LLC
Email: david@iconiclms.com