Architek Health | Terms of Service

Last Revision: March 3, 2024

The website located at www.architekhealth.com the “Site”) is a copyrighted work belonging to ARCHITEK HEALTH INC. (“Company”, “we”, “our”, “us”, or “Architek Health”). The following terms of use (“Terms”) govern access to and use of our Site, platform Solution ("Solution"), other products and services made available by us (“Services”) to Site, Solution or Service users (otherwise referred to as "you", "your", "brand(s)", "client(s)", or "users").

Certain features of this Service may be subject to additional guidelines, policies, terms, or rules, which will be posted on the Site in connection with such features or in our Master Service Agreement (MSA). All such additional terms, guidelines, and rules—including, but not limited to, the Privacy Policy and Disclaimer—are incorporated by reference into these Terms & Conditions. If you have any questions about any of these Terms & Conditions, please do not hesitate to contact us at support@architekhealth.com before using this Site or any of our Services.

Architek Health Inc. provides an all-encompassing digital healthcare platform Solution aimed at optimizing digital health endeavors and connecting brands directly with their consumers. This platform offers a host of features curated for both digital health entrepreneurs and healthcare providers. From a patient portal and streamlined payment processing to prescribing tools, asynchronous first telehealth consultations, and robust patient engagement capabilities, our suite of platform services, collectively known as the "Solutions," is regularly enhanced to align with the dynamic demands of the industry.

Please read the Terms of Use carefully before you start to use the Site or our Services. By using the Site and Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site or its associated Services.

You must be eighteen (18) years old and have the legal ability to agree to these Terms & Conditions; thus, if you are under the age of eighteen (18) or you do not agree to the terms below, STOP now and do not proceed. By accessing or using the Company's Site and Services, you agree to these Terms & Conditions below.

Terms

Our Site is owned and operated by Architek Health Inc. The terms “you” or “yours” refer to the user of our Site and Services. These Terms & Conditions (“Terms”) set forth how you may use our Site, Services and associated

Kindly review these Terms attentively. We retain the right to alter or revise these Terms at any time without prior notice, and by accessing our Site, you implicitly agree to abide by the Terms in their current form, regardless of whether you have thoroughly reviewed them or not. Any modifications become effective immediately upon their posting. If you disagree with these Terms, we advise you to cease using this Site, our platform, or any affiliated Services promptly.

Technology Disruptions

Company reserves the right to terminate the Terms and to modify or discontinue the Site and associated Solution(s) including any features herein, at any time with or without notice to you. We shall not be liable to you, or any third party should the Company exercise such right.

You acknowledge and consent to the possibility of temporary interruptions in the availability of Services provided by Architek Health Inc. being deemed as "normal occurrences." Additionally, you understand and agree that Architek Health Inc. lacks control over third-party networks accessed during your use of this Site or our Services, hence, any delays or disruptions in business are entirely outside the company's control.

Compliance

Ensuring strict adherence to healthcare compliance regulations is mandated upon our clients, who are obliged to ensure compliant use of our Site, Services and Solution(s) as required by all all states and federal statutes concerning the maintenance of patient health information, marketing, communications, prescriptions and dispensation of medications. Architek Healtg hereby disclaims any liability for the actions undertaken by engaged brands, healthcare companies, clients, users, or third-party affiliated entities.

“As Is” Services

You understand and agree that the Services including our platform Solution available through Architek Health are provided “AS IS” and that the Company assumes no responsibility for the timeliness, deletion, misdelivery, or failure of any of our Solutions or Services. Architek Health does not warrant that: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; AND (V) THE SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

Please also review our Privacy Policy because it contains important information regarding the collection, use, ability to disclose, and protection of information you provide to us via the Site. Agreement to the Terms, includes agreement to our Privacy Policy, which is incorporated herein by reference.

DISCLOSURE

USE OF OUR SITE, SOFTWARE, SERVICES AND/OR PLATFORM SOLUTION CONSTITUTES YOUR AGREEMENT TO ITS TERMS OF USE. IF YOU AGREE TO THE TERMS OF USE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ARCHITEK HEALTH INC. WILL BE RESOLVED BY BINDING ARBITRATION. AS A RESULT OF YOUR AGREEMENT TO ARBITRATION, YOU WAIVE YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A TRIAL BY JURY, INSTEAD ONE NEUTRAL ARBITRATOR WILL RESOLVE DISPUTES. ADDITIONALLY, YOU AGREE THAT ALL DISPUTES BETWEEN US SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, WHETHER IN COURT OR IN ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.

MEDICAL EMERGENCY NOTICE

THIS SITE IS NOT AN EMERGENCY RESPONSE SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL "911" OR AN APPROPRIATE EMERGENCY RESPONDER. ARCHITEK HEALTH IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS SITE.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes will govern our relationship with you, and are effective immediately when we post them, applying to the use of the Site, platform Solution, and/or associated Services.

Your continued use of the Site, platform Solution, and/or associated Services constitutes your acceptance of the Terms of Use and any revisions thereof. This means that you accept and agree to the latest version of the Terms of Use. You are expected to check this page often so that you are aware of any changes to the Terms of Use, as they are legally binding on you.

Intended Use of Services

The Solutions provided by Architek Health, along with its associated Services, are designed specifically for use by healthcare providers, pharmacies, pharmacists, and other entities involved in activities within these domains. Our offerings are tailored to enhance the delivery of healthcare services. Users are expected to comply rigorously with all applicable laws, regulations, and industry standards when utilizing our Solutions and Services to provide care to their patients or clients. Failure to adhere to these standards may lead to the termination of access to our platform and potential legal consequences.

Client's Obligations

Client acknowledges and agrees that all Services provided under this Agreement are governed by prevailing laws and regulations of the United States. Client commits to using the Services strictly in accordance with their intended use, as defined by state and federal regulations.

Intellectual Property Rights

Our Site, platform Solution, associated Services, and all other materials available on or through them are property solely owned by Company, and are protected by copyright, trademark, and other intellectual property laws. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without express written permission from Company, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Company does not warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Any trademarks, taglines, and logos displayed on the Site are trademarks belonging to the Company. Any trademarks reproduced on this Site, which are not the property of, or licensed to Company, are property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.

Each time you submit any User Materials (as explained further below), you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Materials you submit, and that, as to that User Material, (a) you are the sole author and owner of the intellectual property and other rights to the User Material, or you have a lawful right to submit the User Material and grant Company the rights to it that you are granting by these Terms and any additional terms, all without any obligation on our part to obtain consent of any third party and without creating any obligation or liability of Company; (b) the User Material is accurate; (d) the User Material does not and, as to Company’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (e) the User Materials will not violate these Terms or any additional Terms, or cause injury or harm to any person.

Company has no obligation to monitor or enforce your intellectual property rights to your User Materials, but you grant Company the right to protect and enforce its rights to your User Material, including by bringing and controlling actions in your name and on your behalf (at Company’s cost and expense, to which you hereby consent and irrevocably appoint Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

User’s Materials

Subject to Company’s Privacy Policy, any communication or material that you transmit to this Site or to Company, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant Company and its designated licensees a non-exclusive, royalty-free, fully paid, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material.

Please do not submit confidential or proprietary information to the Company unless we have mutually agreed in writing otherwise. Company is also unable to accept your unsolicited ideas or proposals, so please do not submit them to Company under any circumstance.

Company respects the intellectual property of others and asks you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send notification to Company immediately. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Information reasonably sufficient to permit Company to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Company to locate the materials;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Company’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement: support@architekhealth.com.

Links to External Websites or Use of Social Media

From time to time this Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over their website or social media sites. Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us are not governed by these Terms.

Likewise, if our Website is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever. We accept no liability for any of the views, facts, opinions, or references in our or their Website whatsoever. Information posted on this Website related to or linked to a third-party website, may express a perspective which may or may not necessarily reflect our views.

You should exercise caution and look at the privacy statement of the website or social media sites you are visiting or using. Use of external links to other sites or social media does not signify that we endorse them. Company bears no responsibility for the content of the linked website(s) or social media websites.

Username and Password

In the event that your access to our Solution or associated Services necessitates the creation of a username and password, it is imperative that you exercise utmost caution and diligence in safeguarding the confidentiality of these credentials. You bear sole responsibility for ensuring that your username and password remain strictly confidential and are not disclosed to any unauthorized parties. Any unauthorized access or use of your account due to negligence in maintaining the confidentiality of your credentials shall be your sole liability. Additionally, you are advised to refrain from using easily guessable passwords and to periodically update your password to enhance security measures. Failure to adhere to these security protocols may jeopardize the integrity and security of your account and may result in unauthorized access to sensitive information or misuse of our Solution and associated Services.

Additional User Access Responsibility

Under your arrangement with Architek Health Inc., you have the option to establish one or more staff accounts ("Staff Accounts"), enabling additional individuals to access your Account on our Solution. Each Staff Account must be associated with a complete legal name and a valid email address. Through Staff Accounts, the Account Owner can designate permissions and authorize other individuals to operate within the Account, while controlling the level of access granted to specific business information.

The Account Owner assumes responsibility for: (a) ensuring compliance with these Terms of Service by its employees, agents, and subcontractors, including those accessing the Account via Staff Accounts; and (b) any violation of these Terms of Service by the Account Owner's employees, agents, or subcontractors. The Account Owner acknowledges and agrees that it bears full responsibility for fulfilling all obligations under the Agreement, irrespective of whether it delegates or subcontracts any such obligations to third parties, including affiliates or subsidiaries.

Moreover, the Account Owner and users operating under Staff Accounts are also responsible for ensuring compliance with HIPAA regulations, including safeguarding the confidentiality and integrity of patient health information while using the Architek Health platform.

‍Your Conduct

You must use the Site and associated Services only for lawful purposes and in accordance with these Terms of Use. You understand that you are solely responsible for all electronic activities, communications and content sent from your computer. You may not use our Site, Solution or our Services in any of the following ways:

In any way that violates any applicable federal, state, local, or international law or regulation;
For the purpose of exploiting, harming, attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To conduct activity with fraudulent purposes or in connection with a criminal offense or to otherwise carry out any unlawful activity;
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam;
To cause annoyance, inconvenience or needless anxiety to anyone or anything;
To impersonate any third party or otherwise mislead as to the origin of your content; or
To reproduce, duplicate, copy or resell any of our content in contravention with these.
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Additionally, you agree not to:

Use the Site, Solution or associated Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site;
Use any robot, spider, trackers, or other automatic device, process, or means to access the Site, Solution or associated Services for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site, Solution or associated Services or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to our Site, Solution or Services; and
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, Solution or Services.

Your Responsibility

You acknowledge and confirm that Architek Health's platform Solution and associated Services do not serve as an extension of your company, and any contract established through these directly binds you and the patients, clients or customers. As the entity engaging directly with your patients, clients, or customers, you assume full responsibility for all transactions conducted. This includes the setup and operation of your platform Solution, the goods and services offered through our Solution and associated Services, and all transactional aspects between you and your patients, clients, or customers.

Your responsibilities encompass various tasks such as communicating with your patients, clients, or customers, resolving disputes, authorizing charges, managing refunds, returns, and chargebacks, handling sales or customer service, addressing fraudulent transactions, ensuring legal disclosures, complying with regulations, dealing with alleged or actual violations of laws (including consumer protection laws), and adhering to these Terms of Service. You also bear responsibility for any accusations or legal actions that may arise.

You affirm and guarantee that your use of the platform Solution and the goods and services offered for sale through it are compliant, truthful, and complete, and do not violate any applicable laws, regulations, or third-party rights. Architek Health Inc. holds no responsibility for your utilization of the Solution or associated Services, including items sold to patients, clients, or customers through our platform Solution and associated Services.

You are strictly prohibited from utilizing Architek Health Inc.'s platform Solution and Services for any illegal or unauthorized purposes. Furthermore, you must not violate any laws in your jurisdiction, including but not limited to copyright laws, or the laws applicable to your patients', clients', or consumers' jurisdictions, or the laws of the United States while availing yourself of the platform Solution and Services. It is imperative that you comply with all applicable laws, rules, and regulations, including obtaining and adhering to any necessary licenses or permits required for the operation of your services. Failure to comply with these provisions may result in the termination of your use of Architek Health Inc.'s platform Solution and Services and may subject you to legal consequences.

Terms, Disclaimer, and Other Agreements

You explicitly acknowledge and consent that the Company bears no responsibility for any defamatory, offensive, or unlawful conduct exhibited by any other participant or user of the Site. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from any and all liabilities, claims, and expenses, including legal fees and costs, arising from your utilization or misuse of the Site, Solution or associate Services. The Company, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns reserve the right, at their own expense, to assume exclusive defense and control of any matter subject to indemnification by you. In such cases, you are obligated to cooperate with the Company in asserting any available defenses.

Disclaimer

You are aware that you have the right to consult an attorney prior to using our Site, Solution or purchasing any Services from or through us. Company is not responsible for your personal actions or choices before, during or after use of our Site, Solution or associated Services. Notwithstanding any limitations by law, your misuse or non-use of this information is at your own risk, and you absolve Company of any liability or loss that you, your business, or your family, children or heirs (if applicable) or any other person, may incur. Additionally, notwithstanding the limitations of law, you acknowledge that you are using your own due diligence and assessment of risk when it comes to making your own decisions, and you are voluntarily making those decisions with the full awareness that there may be substantial risk involved in using our Site, Solution or Services.

Every effort has been made to present you with the most accurate, up-to-date information with attention and care. However, because information is constantly evolving, the Company cannot guarantee the accuracy of the content of our Site or that any or all related information is completely current or applies to you specifically. You acknowledge that such information and materials on our Site, Solution, or Services may contain inaccuracies or errors and Company expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law and that Company is not obligated to inform you of any updates or changes as they occur.

While we endeavor to maintain uninterrupted and error-free access to our Site, Solution, and associated Services, it is essential to note that Company cannot ensure continuous availability. Access may be occasionally suspended or restricted, including for purposes such as repairs, maintenance, or the introduction of new Services. We strive to minimize the frequency and duration of any such interruptions or restrictions. Additionally, neither Company nor any third parties provide any warranties or guarantees regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials available through our Site, Solution, or Services for any specific purpose.

In addition, although this Site may be accessible worldwide, the Company makes no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any Services made in connection with this Site is void where prohibited.

Beta Disclaimer and User Responsibility‍

The Company's 2.0 Services currently provide an advanced beta experience. You should note that while this upgraded version introduces enhanced features, functionalities, and expanded integration capabilities, some services may occasionally experience correctable anomalies or errors. It is important to clarify that certain errors may be attributable to third-party factors, for which the Company cannot be held liable. You are encouraged to promptly report any such anomalies, and the Company is dedicated to addressing them promptly.

Information Collected

All information we collect on this Site and from associated Services are subject to our Privacy Policy. By using this Site and associated Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Exclusive Remedy

If your experience with this Site, our Solution, associated Services, or our Terms of Use fails to meet your satisfaction, your sole and exclusive recourse is to discontinue usage of them. We recognize and respect your prerogative to terminate your engagement with Architek Health Inc. should you find any aspect unsatisfactory.

EVOLVING TECHNOLOGY / DISCLAIMER OF USE
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ARCHITEK HEALTH INC.'S PLATFORM SOLUTION AND SERVICES UNDERGO CONTINUOUS DEVELOPMENT, AND YOU MAY BE INVITED TO UTILIZE THEM. HOWEVER, IT IS IMPORTANT TO NOTE THAT WE DO NOT PROVIDE ANY WARRANTIES REGARDING THE FUNCTIONALITY OF THE SOLUTION OR ASSOCIATED SERVICES. ARCHITEK HEALTH INC. RETAINS THE UNILATERAL RIGHT TO CEASE THE PROVISION OF THESE OFFERINGS AT ANY TIME. IT IS HEREBY ACKNOWLEDGED THAT WE BEAR NO LIABILITY FOR ANY HARM OR DAMAGE ARISING FROM THE USE OF OUR SOLUTION OR SERVICE. IT IS IMPERATIVE FOR USERS TO EXERCISE DUE DILIGENCE AND RECOGNIZE THE INHERENT RISKS ASSOCIATED WITH THE UTILIZATION OF EVOLVING TECHNOLOGY SOLUTIONS.

NO WARRANTY

You understand that we cannot and do not guarantee that files available for downloading from the internet or the Site will be free from viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SOLUTION AND ASSOCIATED SERVICES OFFERED BY AND THROUGH ARCHITEK HEALTH INC. AND THEIR CONTENT (INCLUDING USER SUBMISSIONS) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR SITE, SOLUTION, OR SERVICES AVAILABLE FOR ANY PURPOSE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, OUR SOLUTION OR ASSOCIATED SERVICES, OR CONTENT LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Confidentiality and Security

To use our Site, Solution or associated Services, we may seek personal data or information, including your name, e-mail address, phone number, street address, billing information, interests, or other personally-identifying information (“Personal Information”), or you may offer or provide a comment, photo, image, video, or any other submission to us when using or participating in these Services (“Other Information”).

By providing us with Personal Information or Other Information, you grant us permission to utilize and store such data. We are committed to employing our utmost efforts to maintain the safety, security, and confidentiality of your Personal Information in accordance with these Terms and our comprehensive Privacy Policy, available on our Site. However, we provide no guarantees regarding our ability to prevent any loss, misuse, or alteration of information, whether to you or any third party, resulting from such incidents. Given the inherent risks associated with internet communication, we cannot entirely ensure or warrant the security of any information transmitted to us or through our Site, Solution, or Services, and therefore, such transmission is undertaken at your own risk. If you discover any inaccuracies or deficiencies in your Personal Information, please notify us promptly, and we will swiftly rectify any discrepancies. Nonetheless, it is important to acknowledge that sharing your Personal Information or Other Information through our Site or Services may render it visible, collectible, and usable by others. Consequently, we cannot be held liable for any unauthorized use of such data voluntarily disclosed online or through any other means.

Third Party Integrations and Services

Architek Health Inc. reserves the right to integrate with or grant access to third-party services; however, it is important to note that we neither control nor endorse these services. While utilizing such services, you are accountable for adhering to any terms and conditions stipulated by the respective service providers. We strongly advise users to exercise due diligence and thoroughly review the terms and conditions of any third-party services they choose to integrate with or access through our platform. It is your responsibility to ensure compliance with all applicable terms and conditions governing the use of these services.

Third Party Disclaimer - Expanded

Architek Health Inc. may recommend or provide access to third-party software, applications, products, services, healthcare providers, or website links ("Third Party Services"). Your use of these services is solely between you and the respective third-party provider. By engaging with Third Party Services through Architek Health Inc., you agree to abide by their terms and conditions in addition to our own.

You assume all risks associated with using Third Party Services and must review their terms and conditions before proceeding. Architek Health Inc. does not offer warranties or representations regarding these services and holds no control over them. We may disable access to Third Party Services at our discretion without notice.

By enabling a Third Party Service, you grant permission for the respective provider to access your data. Architek Health Inc. is not liable for any disclosure, modification, or loss of your data resulting from this access.

You agree to indemnify and hold Architek Health Inc. harmless from any claims arising from your use of Third Party Services.

Payments and Fees

You are obligated to pay the setup and subscription fees applicable to your subscription to Architek Health Inc.'s online platform Solution and associated Services ("Fees"). To cover all incurred and recurring Fees, you must maintain a valid payment method on file with us. Architek Health Inc. will charge the applicable Fees to your authorized payment method ("Authorized Payment Method") and will continue to do so until the Solution and its Services are terminated, and all outstanding Fees are settled in full. All Fees and charges are denoted in U.S. dollars, and payments are processed in U.S. currency.

Setup and Subscription Fees are billed at 30-day intervals ("Billing Date"), while other Fees may be charged periodically at Architek Health Inc.'s discretion. Any outstanding Fees not previously charged will be invoiced on each Billing Date. Invoices will be sent to the account holder via the Primary Email Address provided. Users have two weeks to address and resolve any billing issues regarding Subscription Fees.

In the event of payment failure using an Authorized Payment Method, we may attempt subsequent payments. If unsuccessful after 30 days, we reserve the right to suspend and revoke access to your account, the Solution, and associated Services until outstanding Fees, plus those applicable to the next billing cycle, are paid. Failure to settle outstanding Fees for 14 days following suspension may result in termination of your account. All Fees are exclusive of applicable taxes, for which you are solely responsible.

Please note that Architek Health Inc. does not issue refunds. Once Fees are paid, they are non-refundable, regardless of the circumstances. This policy applies to all Fees, including setup and subscription Fees, and any other charges incurred during your use of the Solution and associated Services. Therefore, it is essential to carefully review your subscription plan and Fees before committing to payment.

Merchant Payment Gateway‍

Architek Health provides third-party payment gateway services to enable brands to process card-not-present payments efficiently and securely. This policy outlines the terms and conditions under which brands must utilize our payment gateway services.

(a) Eligibility. To use Architek Health’s third-party merchant payment gateway, brands must meet the following criteria:

Must be a registered and verified business entity.
Must have a legitimate need to process card-not-present transactions.
Must adhere to all relevant legal and regulatory requirements.

(b) Application Process. Brands interested in using our payment gateway must submit an application for approval. Approval is subject to:

Review and acceptance of the application by Architek Health.
Review and approval by our partnering banks and/or financial institutions.

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(c) Terms. Once approved, brands agree to adhere to the following terms of service:

Maintain accurate and up-to-date information regarding their business and transactions.
Comply with all applicable laws and regulations, including those related to fraud prevention and consumer protection.
Use the payment gateway services only for approved and lawful purposes.

(d) Monitoring and Compliance. Brands are responsible for:

Monitoring their transactions, returns, and chargebacks regularly.
Taking proactive steps to prevent fraud and minimize chargebacks.
Maintaining a chargeback ratio within acceptable limits as defined by Architek Health's partnering banks.

(e) Risk Management. High levels of chargebacks or fraudulent activities may lead to:

Suspension or termination of the brand’s access to the payment gateway services.
Rejection or closure of their account by our partnering banks and/or financial institutions.

(f) Data Security. Brands must:

Maintain the security and confidentiality of cardholder data in accordance with Payment Card Industry Data Security Standards (PCI DSS).
Implement appropriate security measures to protect sensitive information from unauthorized access or disclosure.

(g) Termination. Architek Health reserves the right to terminate or suspend a brand’s access to the payment gateway services under the following circumstances:

Breach of Agreement: If the brand violates any terms or conditions outlined in this agreement, Architek Health may suspend or terminate access to the payment gateway services immediately, without prior notice.
Risk Assessment: If Architek Health determines, in its sole discretion, that the brand poses a risk of financial loss, repetitional harm, or non-compliance with regulatory requirements, access to the payment gateway services may be suspended or terminated.
Excessive Chargebacks: Brands with a consistently high level of chargebacks or disputes that exceed acceptable thresholds, as defined by Architek Health and its partnering banks, may face suspension or termination of their account.
Legal or Regulatory Compliance: If the brand fails to comply with applicable laws, regulations, or card network rules governing the use of payment gateway services, Architek Health reserves the right to suspend or terminate access.
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Procedure:

Notification: Architek Health will make reasonable efforts to notify the brand prior to suspending or terminating access to the payment gateway services. However, in cases of imminent risk or legal requirement, immediate action may be taken without prior notice.
Account Closure: Upon termination, the brand’s access to the payment gateway services will be disabled, and any pending transactions may be canceled or refunded at Architek Health’s discretion. The brand will be advised on how to settle any outstanding liabilities, including chargebacks or refunds.
Appeals: Brands may appeal a decision to suspend or terminate their access to the payment gateway services by contacting Architek Health’s support team. Appeals will be reviewed based on the circumstances of the case and the brand’s adherence to the terms of this agreement.
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(h) Liability. Architek Health and its partnering banks strive to provide secure and reliable third-party merchant payment gateway services. However, it's important to note the following regarding liability:

Fraudulent Transactions: Architek Health and its partnering banks are not liable for losses or damages resulting from fraudulent transactions conducted through the payment gateway. It is the responsibility of the brand to implement adequate fraud prevention measures and to monitor transactions for suspicious activity.
Chargebacks: Brands are responsible for managing chargebacks and disputes arising from transactions processed through the payment gateway. Architek Health will assist in providing transaction data and documentation as required, but the ultimate resolution of chargebacks rests with the brand.
Service Interruptions: While Architek Health endeavors to provide continuous and reliable service, we are not liable for disruptions or interruptions in service beyond our reasonable control, including but not limited to technical failures, network issues, or force majeure events.
Indemnification: Brands agree to indemnify and hold Architek Health harmless from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from their use of the payment gateway services, including but not limited to violations of this agreement, misuse of the services, or disputes with customers.
Limitation of Liability: In no event shall Architek Health or its partnering banks be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with the use of the payment gateway services, even if advised of the possibility of such damages.
By using Architek Health’s third-party payment gateway services, brands acknowledge and accept these limitations of liability and agree to assume all associated risks.

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Termination of Services

Architek Health Inc. reserves the right, at our sole discretion, to refuse or terminate your access to the associated Solution and Services, either in full or in part, at any time without prior notice. In the event of such cancellation or termination, you are no longer authorized to access the affected part of the associated Solution and Services. The restrictions outlined in these Terms of Use shall still apply now and in the future, even after termination by you or us.

The term of these Terms of Use shall commence upon your completed registration for use of the Service and shall continue until terminated by either Architek Health Inc. or you, as provided below (the “Term”).

You have the option to cancel your account including the use of our Solution and Services. However, please note that the restrictions imposed on you in these Terms shall still apply now and in the future, even after termination by you or us.

Without limiting any other remedies, Architek Health Inc. may suspend or terminate your account including use of our Solution and Services for any reason, without notice, and at any time (unless otherwise required by law), including if fraudulent activity is suspected in connection with your use of the Solution or associated Services.

Termination of Services will not affect any rights or obligations that arose prior to the date of termination.

Upon termination of the Services by either party for any reason: Architek Health Inc. will discontinue providing you with the use of the Solution or associated Services, and you will lose access to your account; unless otherwise stated in the Terms of Use, you will not be entitled to any refunds of Fees, pro rata or otherwise; any outstanding balance owed to Architek Health Inc. for your use of the Services through the effective date of termination will immediately become due and payable in full; and your Architek Health Inc. account will be deactivated.

If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

Staff Relations Policy

Architek Health Inc. maintains a zero-tolerance policy towards mistreatment of its staff by users of our platform Solution and Services. Any form of harassment, discrimination, or inappropriate behavior towards our staff members will not be tolerated. Such actions may result in the immediate termination or suspension of services provided by Architek Health Inc., at our sole discretion. We reserve the right to take appropriate legal action if necessary. Users are expected to adhere to all applicable laws and regulations governing workplace conduct and interactions with our staff members.

Jurisdiction/Governing Law

This Site and our Services (excluding any linked sites) is controlled by Architek Health Inc., registered in the state of Delaware within the United States of America. It can be accessed from all fifty states including surrounding territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Site and our Services, Company, and you both agree that the statutes and laws of the State of Delaware without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Site and its Services. Company and you both agree and submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Sussex County, Delaware as applicable, with respect to such matters and any other dispute relating to the Site. In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against Company, or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

Severability

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Waiver

Any failure by Company to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Miscellaneous

You may not assign your rights or obligations under these Terms to any third party and any purported attempt to do so shall be null and void. Company may freely assign its rights and obligations under these Terms.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Site or our Solution without written permission from the Company.

These Terms shall not be construed more strictly against any party regardless of who is responsible for their drafting. Unless the context of these Terms otherwise clearly requires, references to the plural include the singular and the singular include the plural. Wherever the context so requires, the masculine shall refer to the feminine, the feminine shall refer to the masculine, the masculine or the feminine shall refer to the neuter, and the neuter shall refer to the masculine or the feminine.

The captions of these Terms are for convenience and ease of reference only and in no way define, describe, extend, or limit the scope or intent of these Terms.

By continuing to use this Site, our Solution and associated Services, you agree to not engage in any conduct or communications in a public setting, including social media, designed to, or that in fact, disparage Company, our Site, Solution, or the Services we offer. Should you have concerns or questions about these Terms, please contact us directly at support@architekhealth.com.

Last Revision: March 3, 2024

Terms

Technology Disruptions

“As Is” Services

DISCLOSURE

MEDICAL EMERGENCY NOTICE

Changes to the Terms of Use

Intended Use of Services

Client's Obligations

Intellectual Property Rights

User’s Materials

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Information reasonably sufficient to permit Company to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Company to locate the materials;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Designated Agent for Claimed Infringement: support@architekhealth.com.

Links to External Websites or Use of Social Media

Username and Password

‍Your Conduct

In any way that violates any applicable federal, state, local, or international law or regulation;
For the purpose of exploiting, harming, attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To conduct activity with fraudulent purposes or in connection with a criminal offense or to otherwise carry out any unlawful activity;
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam;
To cause annoyance, inconvenience or needless anxiety to anyone or anything;
To impersonate any third party or otherwise mislead as to the origin of your content; or
To reproduce, duplicate, copy or resell any of our content in contravention with these.
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Additionally, you agree not to:

Use the Site, Solution or associated Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site;
Use any robot, spider, trackers, or other automatic device, process, or means to access the Site, Solution or associated Services for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site, Solution or associated Services or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to our Site, Solution or Services; and
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, Solution or Services.

Terms, Disclaimer, and Other Agreements

Disclaimer

The Architek Health V2.0 platform Solution and associated Services are currently live in beta. Users acknowledge and agree that the platform Solution and associated Services may contain certain bugs, errors, or other occasional issues that could affect user experience. By using the platform and Services, users acknowledge the nature of beta software and agree to share feedback and report any issues encountered to assist in refining the platform's performance.

Information Collected

Exclusive Remedy

NO WARRANTY

LIMITATION OF LIABILITY

Confidentiality and Security

You agree to indemnify and hold Architek Health Inc. harmless from any claims arising from your use of Third Party Services.

Architek Health provides third-party merchant payment gateway services to enable brands to process card-not-present payments efficiently and securely. This policy outlines the terms and conditions under which brands may utilize our payment gateway services.

(a) Eligibility. To use Architek Health’s third-party merchant payment gateway, brands must meet the following criteria:

Must be a registered business entity.
Must have a legitimate need to process card-not-present transactions.
Must adhere to all relevant legal and regulatory requirements.

(b) Application Process. Brands interested in using our payment gateway must submit an application for approval. Approval is subject to:

Review and acceptance of the application by Architek Health.
Approval by our partnering banks or financial institutions.

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(c) Terms. Once approved, brands agree to adhere to the following terms of service:

Maintain accurate and up-to-date information regarding their business and transactions.
Comply with all applicable laws and regulations, including those related to fraud prevention and consumer protection.
Use the payment gateway services only for lawful purposes.

(d) Monitoring and Compliance. Brands are responsible for:

Monitoring their transactions, returns, and chargebacks regularly.
Taking proactive measures to prevent fraud and minimize chargebacks.
Maintaining a chargeback ratio within acceptable limits as defined by Architek Health and its partnering banks.

(e) Risk Management. High levels of chargebacks or fraudulent activities may lead to:

Suspension or termination of the brand’s access to the payment gateway services.
Rejection or closure of their account by our partnering banks or financial institutions.

(f) Data Security. Brands must:

Maintain the security and confidentiality of cardholder data in accordance with Payment Card Industry Data Security Standards (PCI DSS).
Implement appropriate security measures to protect sensitive information from unauthorized access or disclosure.

(g) Termination. Architek Health reserves the right to terminate or suspend a brand’s access to the payment gateway services under the following circumstances:

Breach of Agreement: If the brand violates any terms or conditions outlined in this agreement, Architek Health may suspend or terminate access to the payment gateway services immediately, without prior notice.

Risk Assessment: If Architek Health determines, in its sole discretion, that the brand poses a risk of financial loss, reputational harm, or non-compliance with regulatory requirements, access to the payment gateway services may be suspended or terminated.

Excessive Chargebacks: Brands with a consistently high level of chargebacks or disputes that exceed acceptable thresholds, as defined by Architek Health and its partnering banks, may face suspension or termination of their account.

Legal or Regulatory Compliance: If the brand fails to comply with applicable laws, regulations, or card network rules governing the use of payment gateway services, Architek Health reserves the right to suspend or terminate access.

Procedure:

Notification: Architek Health will make reasonable efforts to notify the brand prior to suspending or terminating access to the payment gateway services. However, in cases of imminent risk or legal requirement, immediate action may be taken without prior notice.

Account Closure: Upon termination, the brand’s access to the payment gateway services will be disabled, and any pending transactions may be canceled or refunded at Architek Health’s discretion. The brand will be advised on how to settle any outstanding liabilities, including chargebacks or refunds.

Appeals: Brands may appeal a decision to suspend or terminate their access to the payment gateway services by contacting Architek Health’s support team. Appeals will be reviewed based on the circumstances of the case and the brand’s adherence to the terms of this agreement.

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Fraudulent Transactions: Architek Health and its partnering banks are not liable for losses or damages resulting from fraudulent transactions conducted through the payment gateway. It is the responsibility of the brand to implement adequate fraud prevention measures and to monitor transactions for suspicious activity.

Chargebacks: Brands are responsible for managing chargebacks and disputes arising from transactions processed through the payment gateway. Architek Health will assist in providing transaction data and documentation as required, but the ultimate resolution of chargebacks rests with the brand.

Service Interruptions: While Architek Health endeavors to provide continuous and reliable service, we are not liable for disruptions or interruptions in service beyond our reasonable control, including but not limited to technical failures, network issues, or force majeure events.

Indemnification: Brands agree to indemnify and hold Architek Health harmless from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from their use of the payment gateway services, including but not limited to violations of this agreement, misuse of the services, or disputes with customers.

Limitation of Liability: In no event shall Architek Health or its partnering banks be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with the use of the payment gateway services, even if advised of the possibility of such damages.

By using Architek Health’s third-party payment gateway services, brands acknowledge and accept these limitations of liability and agree to assume all associated risks.
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Termination of Services