Terms of Use

These Terms of Use ("Terms") govern your access to and use of the PatientPulse Care mobile application, website, and related services (the "Platform"), operated by PatientPulse Care ("Company," "we," "us," or "our"). By creating an account, downloading the app, or otherwise using the Platform, you ("User") agree to these Terms on behalf of yourself and, if applicable, the practice or organization you represent ("Practice"). If you are entering these Terms on behalf of a Practice, you represent that you have authority to bind that Practice.

You must be at least 18 years of age and a licensed or authorized healthcare professional, administrator, or staff member of a licensed medical practice to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.

To access the Platform, you must create an account using credentials provided by your Practice administrator. You are responsible for: • Maintaining the confidentiality of your credentials • All activity that occurs under your account • Immediately notifying us of any unauthorized account access at support@patientpulse.care We reserve the right to suspend or terminate accounts that violate these Terms.

The Platform is provided for legitimate patient communication purposes within the scope of your Practice's healthcare operations. You may use the Platform to: • Send SMS and email communications to patients of your Practice • Manage patient communication campaigns • View and respond to patient messages • Access analytics and delivery reports You agree to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations, including HIPAA, TCPA, and CAN-SPAM.

You agree not to: • Use the Platform to send unsolicited, deceptive, or harassing communications • Send communications to individuals who have opted out or revoked consent • Transmit or store content that is unlawful, defamatory, obscene, or violates any third-party rights • Attempt to gain unauthorized access to any part of the Platform or other users' accounts • Reverse engineer, decompile, or disassemble the Platform • Use automated scripts to access the Platform without our written permission • Resell, sublicense, or otherwise transfer access to the Platform to third parties • Use the Platform in any manner that could disable, overburden, or impair its functionality

You are solely responsible for ensuring that all patient communications sent through the Platform comply with applicable communications laws, including: • The Telephone Consumer Protection Act (TCPA) and FCC regulations • CAN-SPAM Act requirements for commercial email • Applicable state laws governing healthcare communications • HIPAA minimum necessary and patient authorization requirements By using the Platform to send SMS messages, you represent that you have obtained proper patient consent as required by law. We are not liable for any communications sent by you that violate applicable law.

PatientPulse Care acts as a Business Associate (as defined under HIPAA) when processing Protected Health Information (PHI) on behalf of covered entity Practices. Use of the Platform to transmit or access PHI requires execution of a Business Associate Agreement (BAA) with us. Nothing in these Terms or the Platform constitutes medical advice, clinical decision support, or a substitute for professional medical judgment. The Platform is a communication tool only.

All content, design, software, trademarks, and intellectual property on the Platform are owned by PatientPulse Care or its licensors. These Terms do not grant you any rights to our intellectual property except as expressly set forth herein. You grant PatientPulse Care a limited, non-exclusive license to process the content you submit through the Platform solely as necessary to provide the services described herein.

Our Privacy Policy, incorporated herein by reference, describes how we collect, use, and protect information. By using the Platform, you agree to our Privacy Policy.

Access to the Platform may be subject to subscription fees as described in your Practice's service agreement. We reserve the right to modify pricing with 30 days' written notice. Failure to pay applicable fees may result in suspension or termination of access.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATIENTPULSE CARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM OR (B) $100.

You agree to indemnify, defend, and hold harmless PatientPulse Care and its affiliates from any claims, liabilities, damages, costs, or expenses (including attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your infringement of any third-party rights.

Either party may terminate access to the Platform at any time. We may suspend or terminate your access immediately if you violate these Terms or engage in conduct that we determine, in our sole discretion, poses a risk to the Platform, other users, or patients. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including IP ownership, disclaimers, limitation of liability, and indemnification) will survive.

These Terms are governed by the laws of the State of Maryland, without regard to its conflict of law principles. Any dispute arising from these Terms shall be resolved through binding arbitration in Maryland, except that either party may seek injunctive relief in any court of competent jurisdiction.

We may modify these Terms at any time. Material changes will be communicated with at least 30 days' notice via email or in-app notification. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

For questions about these Terms: **Email:** legal@patientpulse.care **General Support:** support@patientpulse.care **Address:** PatientPulse Care, 9730 Martin Luther King Jr. Highway, Suite E, Lanham, MD 20706