PatientPreVue

THE PLATFORM IS A HEALTH INFORMATION TECHNOLOGY TOOL ONLY.

The Company is not a healthcare provider, medical professional, licensed clinical practice, insurance carrier, law firm, or legal advisor. Nothing in this Agreement, the Platform, or any AI Output constitutes, creates, or implies:

• A healthcare provider-patient relationship between the Company and any User or Downstream User;
• Medical advice, clinical guidance, diagnosis, prognosis, or treatment recommendations of any kind;
• Legal advice, or an evaluation of whether any person has a legal claim;
• A professional relationship of any kind, including attorney-client, insurance broker-client, or fiduciary relationships;
• An endorsement, validation, or certification of any clinical decision made using information processed through the Platform.

Any healthcare provider, clinician, administrator, or other licensed professional who uses the Platform to support their practice retains full, exclusive, and non-delegable responsibility for all Clinical Decisions, patient care outcomes, professional standards compliance, and regulatory obligations. The Platform is a support tool only. The Company has no role in, and accepts no responsibility for, any Clinical Decision made by any User.

CRITICAL: Under no circumstances may any User, healthcare professional, patient, or Downstream User substitute AI Outputs or any other Platform-generated information for independent professional clinical judgment.

Every Clinical Decision must be made by a qualified, licensed healthcare professional who has independently evaluated the patient, the relevant clinical facts, and applicable clinical standards. Failure to do so is a misuse of the Platform for which the Company bears no responsibility.

THE PLATFORM IS NOT AN EMERGENCY SERVICE AND IS NOT MONITORED IN REAL TIME.

Neither the Company nor any Professional User is obligated to read, respond to, or act on any message, intake answer, journal entry, symptom report, exercise session note, upload, or Website Widget submission within any particular time. Do not rely on the Platform to communicate urgent symptoms or time-sensitive needs. In an emergency, call 911 or go to the nearest emergency room. If you are in crisis, call or text 988.

By accessing or using the Platform, you represent and warrant that:

• You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater;
• You have the legal authority and capacity to enter into this binding Agreement;
• If accessing the Platform on behalf of an organization, healthcare entity, or employer, you have the authority to bind that entity to this Agreement;
• Your use of the Platform complies with all applicable federal, state, and local laws, rules, regulations, and professional standards, including but not limited to HIPAA, the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and all applicable state health information privacy laws;
• All information you provide to the Company is accurate, current, and complete;
• You understand and accept that the Platform is not a clinical tool and that all clinical responsibilities remain with appropriately licensed professionals.

Individuals under eighteen (18) may not create an account or use the Platform themselves. A parent, legal guardian, or other legally authorized personal representative may use their own account to provide information about, and manage records for, an individual in their care. By doing so, you represent that you have the legal authority to act for that individual, and you accept this Agreement on their behalf and are responsible for the information you provide.

If you register as a Professional User, you further represent and warrant that:

• You hold, and will maintain in good standing, every license, registration, certification, and authorization required for your profession and for the services you provide to the individuals whose information you access (for example, a medical or other healthcare license and NPI, a license to practice law, or an insurance license);
• The professional identifiers and credentials you provide (including any NPI, specialty, bar number, firm, company, or line of business) are accurate, belong to you, and will be kept current;
• You will access an individual's information only for a legitimate purpose within the scope of that individual's authorization and your professional role;
• You have independently verified that your use of the Platform is consistent with your professional licensing obligations, rules of professional conduct, institutional policies, and any applicable standards of care.

THE COMPANY DOES NOT VERIFY, ENDORSE, OR GUARANTEE THE LICENSURE, CREDENTIALS, IDENTITY, QUALIFICATIONS, OR CONDUCT OF ANY PROFESSIONAL USER.

Professional types and labels displayed on the Platform (such as “Dr.”, specialty, firm, or company) are self-reported. Patient Users are solely responsible for deciding which professionals to connect with and what information to share with them. The Company may, but is not obligated to, request proof of credentials and may suspend any account that cannot provide it.

The Platform, including all software, source code, object code, algorithms, interfaces, designs, graphics, exercise libraries, documentation, databases, compilations, and all other components thereof, constitutes the exclusive intellectual property of the Company or its licensors and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. Section 101 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. Section 1030), and applicable trade secret law.

Subject to your full compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for its intended purposes. No other rights are granted, express or implied, including any right to use the Company's trademarks, service marks, or logos.

You expressly agree that you shall NOT, and shall not permit or enable any third party to:

• Copy, reproduce, duplicate, archive, publish, display, transmit, broadcast, perform, distribute, sell, license, sublicense, or otherwise exploit any portion of the Platform or its content without the Company's prior written consent;
• Reverse engineer, decompile, disassemble, decode, translate, derive, or attempt to derive or reconstruct the source code, underlying algorithms, or trade secrets of the Platform;
• Modify, adapt, alter, translate, or create any derivative works based upon the Platform or any component thereof;
• Remove, alter, obscure, or circumvent any copyright notice, trademark, watermark, digital rights management mechanism, or other proprietary marking on the Platform;
• Use any data mining, scraping, crawling, robot, spider, or automated data extraction tool on or against the Platform;
• Frame, mirror, or co-brand any portion of the Platform without prior written authorization, except by embedding a Website Widget using the embed code the Platform provides;
• Use the Platform's interface or design as a template or reference to build a competing or similar product or service;
• Register any domain name, trademark, or service mark that is identical or confusingly similar to any Company mark.

As between you and the Company, you (or the individual or provider on whose behalf you act) retain ownership of your Content. You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, analyze, extract text from, index, embed, summarize, display, and share your Content solely as necessary to operate, secure, support, and improve the Platform, to provide the features you use (including AI summaries, records search, referrals, messaging, and exports), to share Content with the recipients you or your authorized professionals direct, and to comply with law. This license continues for as long as the Company retains your Content under Section 19.4.

You represent that you have all rights and authorizations needed to grant this license and that your Content does not infringe or violate the rights of any person.

If you send us suggestions, ideas, or other feedback about the Platform, you grant the Company a perpetual, irrevocable, royalty-free right to use it for any purpose without obligation to you. Feedback must not contain PHI.

In addition to the intellectual property restrictions above, you agree that you shall NOT:

• Access or attempt to access the Platform through any means other than the authorized interfaces provided by the Company;
• Access content, accounts, or data not intended for you, including any individual's information outside the scope of their authorization;
• Intentionally introduce any virus, malware, ransomware, Trojan horse, worm, spyware, adware, or any other malicious or harmful code;
• Attempt to probe, scan, test, or penetrate the security of the Platform without express prior written authorization;
• Interfere with, disrupt, damage, or impair the integrity, performance, availability, or security of the Platform;
• Engage in any denial-of-service (DoS) or distributed denial-of-service (DDoS) attack against the Platform;
• Circumvent, disable, bypass, or otherwise defeat any security feature, authentication mechanism, CAPTCHA, rate limit, or access control;
• Use the Platform to transmit unsolicited commercial communications (spam) or to harvest user data without authorization;
• Impersonate any person or entity, misrepresent your affiliation or professional credentials, or make any fraudulent representation;
• Use the Platform for any unlawful purpose;
• Deliberately or recklessly alter, corrupt, delete, or destroy any data stored on or transmitted through the Platform;
• Attempt to gain unauthorized access to any account, system, or network resource connected to the Platform;
• Upload or transmit PHI belonging to individuals for whom you lack proper authorization;
• Submit false, fabricated, or test information through a Website Widget, or use a Website Widget to solicit individuals in violation of law or professional rules;
• Use the Platform in any manner that could expose the Company to regulatory enforcement, civil liability, or reputational harm.

Violations of this Section may constitute criminal offenses under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. Section 1030), the Electronic Communications Privacy Act, and applicable state cybercrime statutes. The Company reserves the right to report any such violations to law enforcement authorities.

You agree not to upload, send, or post through the Platform (including in messages, notes, journals, or profiles) any material that:

• Is defamatory, obscene, abusive, harassing, threatening, hateful, or discriminatory;
• Infringes any patent, trademark, trade secret, copyright, or other right of any person;
• Violates the privacy or other legal rights of others;
• Is knowingly false, inaccurate, or misleading;
• Promotes or assists any illegal activity;
• Contains advertising or solicitations unrelated to the care, claim, or service the Platform supports.

YOU, AS THE USER, ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY PHI THAT YOU UPLOAD, TRANSMIT, SHARE, OR OTHERWISE MAKE AVAILABLE THROUGH THE PLATFORM.

You represent and warrant that:

• You have obtained all legally required authorizations, consents, and approvals necessary to upload or share any PHI through the Platform;
• Your use of the Platform in connection with PHI complies fully with HIPAA, HITECH, and all applicable laws;
• You will not use the Platform to share PHI in violation of any patient's legal rights;
• If you are a Covered Entity or Business Associate, you maintain and adhere to all applicable HIPAA policies and safeguards, including a compliant HIPAA Security Rule program, and your use of the Platform is consistent with that program;
• You are solely responsible for the accuracy and completeness of any PHI you upload or transmit.

When a Medical Provider that is a Covered Entity uses the Platform to create, receive, maintain, or transmit PHI on its behalf, the Company acts as that Medical Provider's Business Associate. The BAA is incorporated into this Agreement for every such Medical Provider and is accepted electronically when the Medical Provider registers. If this Agreement and the BAA conflict with respect to the use, disclosure, or protection of PHI, the BAA controls.

Patient Users decide which Professional Users may access their information. By accepting a connection, referral, or record request, or by granting document access, a Patient User authorizes the Company to disclose to that professional the information that the connection or grant covers (which may include intake answers and summaries, uploaded records, journal entries in the categories the patient makes visible to that professional, exercise program data, and messages) until the patient revokes the connection or grant.

Legal representatives and insurers or payers are often not Covered Entities under HIPAA. Information a patient chooses to share with them may no longer be protected by HIPAA once received and may be redisclosed as permitted by law, the patient's agreements with that professional, and applicable rules of professional conduct. Patient Users may revoke a connection or access grant at any time through the Platform; revocation does not affect information already disclosed. Professional Users who receive information are independently responsible for protecting it and using it only within the scope of the patient's authorization.

THE COMPANY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED DISCLOSURE, RELEASE, OR MISUSE OF PHI THAT RESULTS FROM THE ACTIONS, OMISSIONS, NEGLIGENCE, OR MISCONDUCT OF ANY USER OR THIRD PARTY.

Without limiting the foregoing, the Company shall not be liable for:

• A User's unauthorized sharing of PHI with other users, third parties, or external systems;
• A User's failure to implement appropriate access controls or security measures;
• PHI that a User intentionally or negligently makes accessible to unauthorized individuals;
• The actions of any third party who gains access to PHI as a result of a User's conduct;
• Any downstream harm arising from PHI shared or disclosed by any User;
• Errors or inaccuracies in PHI as submitted by any User;
• Any PHI breach caused by a User's failure to comply with their own HIPAA obligations.

You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, penalties, fines, losses, liabilities, costs, and expenses arising out of or related to any unauthorized or improper handling of PHI attributable to your actions or omissions.

The Company retains records as described in Section 19.4 and maintains backups, but does not warrant that any Content will be free from loss, corruption, or interruption of availability. Professional Users remain responsible for maintaining their own legally required clinical, legal, or business records, and should not rely on the Platform as their sole system of record.

The Company employs commercially reasonable administrative, technical, and physical safeguards designed to protect the Platform and the data stored therein, consistent with HIPAA Security Rule requirements.

NO DATA TRANSMISSION OVER THE INTERNET OR ELECTRONIC STORAGE SYSTEM CAN BE GUARANTEED TO BE 100% SECURE OR ERROR-FREE.

In the event of a confirmed security breach, the Company will use commercially reasonable best efforts to investigate, notify affected parties as required by law (including HIPAA's Breach Notification Rule), and cooperate with regulatory authorities.

The Company shall not be liable for damages resulting from a data breach caused by the actions or inactions of any third party. The Company's satisfaction of breach notification obligations shall not be construed as an admission of liability.

Users are solely responsible for regulatory penalties arising from their own violations of HIPAA, HITECH, or applicable state law, and shall indemnify the Company against any costs or enforcement actions arising therefrom.

The Company may engage third-party vendors to support the Platform. Where such vendors may access PHI, the Company will enter into appropriate contractual agreements, including Business Associate Agreements as required under HIPAA. The Company is not liable for the independent acts or omissions of third-party vendors beyond such contractual obligations.

The Platform incorporates artificial intelligence and automated processing technologies, some of which are provided by third-party AI service providers acting under contract with the Company. By using the Platform, you expressly consent to the use of AI tools to:

• Collect, process, and analyze health-related information, clinical records, questionnaire responses, journal entries, and other data you submit;
• Extract text from uploaded documents and index it so authorized users can search and ask questions about records;
• Facilitate the sharing and routing of your information with authorized parties as necessary;
• Generate summaries, flags, analyses, and other AI-assisted outputs to support clinical and administrative workflows;
• Process data for quality assurance and operational improvement purposes.

The Company does not permit its AI service providers to use your Content to train their general-purpose models.

By consenting to AI data processing, you acknowledge and understand that:

• AI processing involves automated decision-support tools and does not involve human review of every individual data input or output;
• AI-assisted outputs are generated based on algorithmic models that may not capture the full context of your individual circumstances;
• AI Outputs are reviewed and acted on, if at all, by the professionals you choose to share them with, not by the Company. Questions about how an AI Output was used in your care should be directed to your healthcare provider;
• Your consent does not limit your rights regarding your health information as described in Section 8;
• No AI Output constitutes a Clinical Decision, and no provider-patient relationship is created through AI processing.

AI processing is part of how core Platform features work, including intake summaries and records search. If you do not consent to AI processing, you should not submit information through those features, and you may deactivate your account as described in Section 19. Deactivation stops new processing but does not affect processing that occurred beforehand or records retained under Section 19.4.

ALL AI OUTPUTS ARE PROVIDED FOR INFORMATIONAL AND OPERATIONAL SUPPORT PURPOSES ONLY. THEY DO NOT CONSTITUTE MEDICAL ADVICE, CLINICAL DIAGNOSIS, TREATMENT RECOMMENDATIONS, CLINICAL STANDARDS OF CARE, LEGAL ADVICE, OR ANY FORM OF PROFESSIONAL JUDGMENT.

No healthcare provider-patient relationship is created by any AI Output. Users must not rely solely on AI Outputs for any clinical, legal, financial, or other professional decision.

You expressly acknowledge that AI processing carries inherent limitations, including:

• Errors, inaccuracies, omissions, hallucinations, or misinterpretations in AI Outputs;
• Inability to account for individual patient circumstances, clinical nuance, or contextual factors not present in the data;
• Errors in text extracted from scanned, handwritten, or low-quality documents;
• Potential for AI Outputs to reflect biases in underlying training data or model design;
• The evolving, experimental, and imperfect nature of AI technology;
• The possibility that an AI Output that appears accurate may be factually incorrect;
• The absence of any guarantee that AI Outputs will be consistent or reproducible.

BY USING THE PLATFORM, YOU EXPRESSLY ACCEPT THESE RISKS AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY BEARS NO LIABILITY FOR ANY HARM ARISING FROM THEM.

THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, FITNESS FOR CLINICAL USE, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY AI OUTPUT.

YOU EXPRESSLY ASSUME ALL RISK ASSOCIATED WITH THE USE OF OR RELIANCE UPON AI OUTPUTS.

It is the sole, non-delegable responsibility of every qualified healthcare professional to independently verify all AI Outputs, apply their professional training and judgment, make all Clinical Decisions independently, and obtain independent informed consent from patients.

AI Outputs do not establish, define, replace, or modify the applicable standard of care for any clinical condition. No AI Output may be cited in any legal, regulatory, or administrative proceeding as evidence of the standard of care.

THE COMPANY OWES NO DUTY OF CARE TO ANY PATIENT, DOWNSTREAM USER, OR THIRD PARTY WITH RESPECT TO CLINICAL DECISIONS MADE BY HEALTHCARE PROVIDERS WHO USE THE PLATFORM.

The AI tools, models, algorithms, and related components constitute proprietary intellectual property subject to all protections in Section 5. You shall not attempt to reverse engineer, extract, or use AI Outputs to train competing AI systems.

The Company makes no representation that the AI components have been reviewed or cleared by the FDA as a medical device or Software as a Medical Device (SaMD). Users are solely responsible for ensuring compliance with applicable regulatory requirements.

Exercise programs, videos, images, and instructions delivered through the Platform are prescribed by your healthcare provider, not by the Company. Physical exercise carries inherent risk of injury. Perform exercises only as your provider directs, stop immediately and contact your provider if you experience pain, dizziness, shortness of breath, or other concerning symptoms, and call 911 in an emergency. To the maximum extent permitted by law, you assume all risk of injury arising from performing any exercise program accessed through the Platform.

Professional Users are solely responsible for the appropriateness of every exercise and dose they prescribe, including exercises selected from the Platform's library or authored by the Professional User.

The Platform may record time, patient activity, notes, and other data that Professional Users use to support remote therapeutic monitoring (RTM) or other billing. Professional Users are solely responsible for determining whether any service is billable, meeting all documentation, supervision, consent, and time requirements, and the accuracy of every claim they submit to any payer.

THE COMPANY DOES NOT PROVIDE BILLING, CODING, OR REIMBURSEMENT ADVICE AND DOES NOT GUARANTEE THAT USE OF THE PLATFORM WILL RESULT IN ANY REIMBURSEMENT. STATEMENTS ABOUT POTENTIAL BILLING ELIGIBILITY IN MARKETING OR SALES MATERIALS ARE GENERAL INFORMATION ONLY.

If you use a Website Widget, you agree to this Agreement and our Privacy Policy as they apply to Widget Visitors. The Website Widget is offered by the Hosting Professional named on it. The Company provides the technology only. Your submission and contact details are delivered to that Hosting Professional, who decides whether and how to follow up with you, under the contact permissions you select.

SCREENER QUESTIONS AND RESULTS ARE NOT MEDICAL ADVICE, LEGAL ADVICE, A DIAGNOSIS, OR AN EVALUATION OF ANY LEGAL CLAIM, AND SUBMITTING A WIDGET DOES NOT CREATE A HEALTHCARE PROVIDER-PATIENT OR ATTORNEY-CLIENT RELATIONSHIP WITH THE COMPANY OR THE HOSTING PROFESSIONAL. THE WIDGET IS NOT FOR EMERGENCIES.

If you embed or distribute a Website Widget, you agree that:

• You will display it only on websites, QR codes, and materials you own or are authorized to control, and will not alter its consent language or disclaimers;
• You are solely responsible for following up with Widget Visitors, and for complying with all laws and professional rules governing your communications with them, including the Telephone Consumer Protection Act, CAN-SPAM, state telemarketing and texting laws, attorney advertising and solicitation rules, and patient-solicitation and anti-kickback laws;
• You will contact a Widget Visitor only by the methods and for the purposes that Widget Visitor authorized, honor opt-out requests promptly, and send promotional messages only to Widget Visitors who opted in to them;
• You are responsible for your own website's privacy notices and cookie disclosures;
• You will indemnify the Company for any claim arising from your use of a Website Widget or your communications with Widget Visitors.

To the maximum extent permitted by applicable law, the Company specifically and expressly excludes all liability for any adverse patient health outcome, any claim of medical malpractice, any harm resulting from reliance on AI Outputs, and any personal injury, death, or physical harm.

To the maximum extent permitted by applicable law, the Company specifically excludes all liability for any PHI breach caused by User conduct, third-party cyberattacks, or circumstances beyond the Company's reasonable control.

IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some states and jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. If those laws apply to you, some or all of the disclaimers, exclusions, and limitations in Sections 10, 16, and 17 may not apply to you, and you may have additional rights. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by gross negligence, or for fraud or willful misconduct, and in those cases the Company's liability is limited only to the fullest extent the law permits.

You acknowledge that these limitations reflect a reasonable and fair allocation of risk and are an essential basis of the bargain between you and the Company.

This Agreement is effective upon your first access to or use of the Platform and remains in effect until your account is deactivated or this Agreement is terminated by either party. For Widget Visitors, this Agreement applies to each use of a Website Widget.

You may end your use of the Platform at any time by deactivating your account in your account settings or by contacting the Company. Deactivation does not relieve you of obligations incurred before it. Deactivation is not deletion: your records are retained as described in Section 19.4. Effects on your subscription are described in Section 20.

The Company may suspend, deactivate, or terminate your access to the Platform at any time, with or without cause, and with or without prior notice. Grounds include, but are not limited to, violation of this Agreement, suspected fraudulent or unlawful activity, unverifiable credentials, non-payment, expiration of a free trial without a paid subscription, or conduct that the Company reasonably determines may harm the Platform, other users, or the Company.

DEACTIVATING OR TERMINATING AN ACCOUNT DOES NOT DELETE ITS RECORDS.

To meet medical record retention requirements, including Washington State law, and the obligations of the healthcare providers we serve, the Company retains account records, health information, uploaded documents, messages, and related audit logs for at least ten (10) years after the date an account is deactivated, or longer if required by law, a legal hold, or a provider's instructions under the BAA. While retained, records remain encrypted and protected as described in our Privacy Policy, are hidden from search and new connections, and are not used for any new purpose. After the retention period ends, the Company may securely delete or de-identify them.

Some laws, including the Washington My Health My Data Act, may give you a right to request deletion of certain information that is not subject to these retention obligations. The Company will honor such requests as required by law, as described in our Privacy Policy.

After deactivation, Patient Users may continue to sign in to view settings and download their records. Professional Users may sign in to manage settings and billing. Deactivated accounts are hidden from search, and existing connections, messages, and referrals are frozen. You may reactivate your account subject to Section 20.

Upon deactivation or termination: (a) your license to access and use the Platform is revoked except as described in Section 19.5; (b) you must cease all other use of the Platform; (c) records are retained as described in Section 19.4; and (d) all provisions of this Agreement that by their nature should survive termination shall survive, including Sections 5, 7, 10, 11, 12.2, 16, 17, 18, 19.4, 21, and 22.

Access to the Platform requires a paid subscription for your account type. The price, billing frequency, and any free trial length for your plan are shown to you before you enter payment information at checkout. Prices exclude applicable taxes, which you are responsible for. Payments are processed by our payment processor, Stripe; the Company does not store your full card number.

IF YOUR PLAN INCLUDES A FREE TRIAL, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AND YOUR PAYMENT METHOD WILL BE CHARGED THE PLAN PRICE WHEN THE TRIAL ENDS UNLESS YOU CANCEL BEFORE THE TRIAL ENDS.

Each account is eligible for one free trial, and the Company may decline a trial for a person or practice that has already received one. The Company may modify or discontinue free trial offerings at any time. If you deactivate your account during a trial, your access continues until the trial ends and you will not be charged.

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT PLAN PRICE, UNTIL YOU CANCEL.

Subscription fees are billed in advance. The Company will give you at least thirty (30) days' notice by email before any price increase takes effect for your subscription, and you may cancel before it applies.

You may cancel online at any time from your account's billing settings, which open our payment processor's secure billing portal, or by emailing support@patientprevue.com. Cancellation takes effect at the end of your current billing period, and you keep access until then. Except where required by law, fees already paid are non-refundable, including for partial billing periods.

If you deactivate your account during a paid billing period, automatic renewal is canceled, your access continues until the end of that period, and your account is then deactivated. You may undo this from your account settings before the period ends. Fees already paid are not refunded.

If a payment fails, your account remains active for a fourteen (14) day grace period while you update your payment method. If payment is not received by the end of the grace period, your account may be deactivated automatically. Records are retained as described in Section 19.4, and you may reactivate by resubscribing.

Before starting arbitration or a court action, you and the Company agree to try to resolve any dispute informally for at least sixty (60) days. Send a written notice describing the dispute and the relief requested to support@patientprevue.com.

Any dispute, controversy, or claim arising out of or relating to this Agreement or the Platform, or the breach, termination, or validity thereof, that is not resolved informally shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) before a single arbitrator. If you are using the Platform for personal, family, or household purposes, the AAA Consumer Arbitration Rules apply and the Company will pay the filing, administrative, and arbitrator fees that those rules assign to the business. Otherwise, the AAA Commercial Arbitration Rules apply. The arbitration may be conducted by video conference or, for consumers, in the county where you reside. The Federal Arbitration Act governs this Section 22.

Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to the Platform or data.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You expressly waive the right to participate in a class action lawsuit or class-wide arbitration against the Company. If this class action waiver is found unenforceable as to any claim, that claim shall proceed in court and not in arbitration.

You may opt out of this arbitration agreement by emailing support@patientprevue.com within thirty (30) days after you first accept this Agreement, stating your name, the email address on your account, and that you opt out of arbitration. Opting out does not affect any other part of this Agreement.

The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, government actions, power failures, internet disruptions, cyberattacks, or failures of third-party service providers.

The Company reserves the right to modify, update, suspend, or discontinue the Platform or any part thereof at any time. The Company may also modify this Agreement from time to time and will update the effective date above. Material changes will be communicated through the Platform or via email at least fifteen (15) days before they take effect, except where a change is required by law or to address a security risk. Your continued use of the Platform after a change takes effect constitutes acceptance of the modified Agreement. Changes do not apply retroactively to disputes of which the Company had notice before the change.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

The failure of the Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company.

You may not assign or transfer this Agreement or any rights or obligations hereunder without the Company's prior written consent. The Company may freely assign this Agreement in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

This Agreement, together with the Company's Privacy Policy, Notice of Privacy Practices, and (for Medical Providers) the BAA, constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. If these documents conflict, the BAA controls as to PHI, and otherwise this Agreement controls.

This Agreement is for the benefit of the parties hereto and is not intended to confer any rights or remedies on any third party, except as expressly provided herein.