Terms of Service

1. Acceptance of Terms

By accessing or using the PulseCareplatform and services (“Services”) provided by PulseCare, Inc.(“PulseCare,” “we,” or “us”), you agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time with 30 days’ notice to registered users.

2. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable federal, state, local, or international laws or regulations
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
• Use any automated means, including bots or scrapers, to access or collect data from the Services
• Transmit any content that is unlawful, harmful, defamatory, or that infringes intellectual property rights
• Interfere with or disrupt the integrity or performance of the Services

3. Healthcare Disclaimer

PulseCare is a healthcare technology platform. The Services facilitate communication and record-keeping between licensed healthcare providers and their patients. PulseCare does not provide medical advice, diagnosis, or treatment. All clinical decisions remain the sole responsibility of licensed healthcare professionals.

If you are experiencing a medical emergency, call 911 or your local emergency number immediately. Do not use the Services for emergency medical situations.

4. Data Handling

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We process personal information and Protected Health Information (PHI) as described in the Privacy Policy and, where applicable, pursuant to a signed Business Associate Agreement (BAA).

You retain ownership of all data you submit to the Services. By submitting data, you grant PulseCare a limited license to process that data solely for the purpose of providing the Services.

5. HIPAA Obligations

If you are a covered entity under HIPAA, or are a business associate processing PHI, you must execute a Business Associate Agreement withPulseCare before using the Services to process PHI. Our BAA:

• Governs permitted uses and disclosures of PHI by PulseCare as your business associate
• Obligates PulseCare to implement appropriate safeguards to protect PHI
• Establishes breach notification obligations consistent with HITECH Act requirements
• Incorporates all required HIPAA business associate provisions under 45 CFR § 164.504(e)

A Business Associate Agreement is included at no additional cost for allPulseCare subscription tiers.

6. Limitation of Liability

To the maximum extent permitted by applicable law, PulseCare shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

In no event shall PulseCare's total liability to you for all claims arising from or relating to these Terms or the Services exceed the greater of (a) the amounts paid by you to PulseCare in the 12 months preceding the claim, or (b) $100.

Nothing in these Terms limits liability that cannot be excluded by applicable law, including liability for fraud, death, or personal injury caused by negligence.

7. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in State of Delaware for any disputes arising from these Terms or the Services.

For questions about these Terms, contact legal@pulsecare.health.