Terms of Use

The Platform and all Services are currently offered in beta, alpha, or pre-release form (collectively, “Beta Platform”). The Beta Platform is provided for evaluation, testing, and limited early-access purposes. The Beta Platform may contain errors, defects, inaccuracies, bugs, security vulnerabilities, or other issues. Features and functionality may be incomplete and subject to material change at any time without notice. CollectiveOS may modify, suspend, limit, or discontinue the Beta Platform or any portion thereof at any time without notice or liability.

You acknowledge and agree that: (a) the Beta Platform is experimental and not intended for production use; (b) outputs and recommendations generated by or through the Beta Platform may be unreliable, inaccurate, incomplete, or otherwise subject to change; (c) the Beta Platform may experience interruptions, outages, or data loss; and (d) CollectiveOS has no obligation to provide maintenance, support, updates, or error correction for the Beta Platform during the pre-release period. You use the Beta Platform at your sole risk.

Without limiting any other disclaimers or limitations of liability in these Terms of Use, CollectiveOS expressly disclaims all liability arising out of or relating to the Beta Platform to the maximum extent permitted by law. You are solely responsible for maintaining independent records of any information submitted to or generated by the Beta Platform. CollectiveOS is not responsible for any loss of data, loss of access, or corruption of content during the pre-release period.

CollectiveOS is an online membership-based health platform that facilitates access to telehealth consultations and prescription wellness products (including GLP-1s, peptides, and related products) through independent, third-party licensed healthcare providers and licensed pharmacies. The Platform facilitates communication between you and the Providers. All medical services are provided solely by the independent, third-party physicians and licensed healthcare providers (each, a “Provider”), and all prescription products are dispensed solely by independent, third-party licensed pharmacies.

CollectiveOS is not a medical provider or group and does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers. Services and practices may vary across Providers, and patients should contact the Providers directly for all questions concerning their medical care. Any professional medical services you receive are provided solely by the Provider and subject to that Provider's terms. CollectiveOS is not a provider of medical care, and no doctor-patient relationship is created with CollectiveOS.

The Services and medical care provided by the Providers are not intended to be a substitute for care and treatment provided by your local primary care provider. We strongly recommend all patients maintain a relationship with a local primary care provider for their ongoing medical care and treatment.

Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use.

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of the privacy of your health information.

Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.

To support secure electronic transmission of prescriptions and associated payment processing, CollectiveOS may charge a nominal, uniform technology transaction fee for each electronic prescription transmission, regardless of the pharmacy selected. This fee is assessed by CollectiveOS for payment-processing and related technology services only and is not a charge for the prescribing decision, clinical evaluation, or prescription itself.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.

The Platform may allow you to add prescription products to your cart prior to completing a clinical intake or consultation with a Provider. By adding a prescription product to your cart, you acknowledge and agree that: (i) your order will not be processed or fulfilled and you will not be charged for any prescription product until a Provider has conducted a clinical review, determined that the product is clinically appropriate for you, and issued a valid prescription; (ii) Providers reserve the right to decline to prescribe any product at their sole clinical discretion; and (iii) if a prescription is not issued or your clinical intake is not completed, your order will be cancelled and you will not be charged.

We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by CollectiveOS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not: (x) modify copies of any materials from the Platform or received through the Services; (y) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (z) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.

You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of CollectiveOS without our express written consent.

You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business or otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploit for any commercial purpose without express written consent of CollectiveOS.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by CollectiveOS. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

CollectiveOS operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from accessing the Platform, or enrolling in or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform. The Platform has several accessibility options to enable use of our Platform for everyone regardless of their circumstances. In the event our ADA accessibility options are not sufficient, and your particular circumstances require using Automated Action on the Platform, please contact us through the contact information below.

Violations of system or network security may result in civil or criminal liability. CollectiveOS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.

In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by CollectiveOS at any time with or without cause. You agree to defend, indemnify, and hold CollectiveOS harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys' fees) against or incurred by CollectiveOS arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.

CollectiveOS may de-identify your information such that it is no longer considered personally identifiable information. CollectiveOS may use, aggregate, sell, or otherwise disclose such de-identified information to third parties for analytics, research, or any other purpose permitted by applicable law.

In order to access the Platform, you represent and warrant that you are at least 18 years old or older. If you are under 18 years of age, you must get permission from your parent or legal guardian before using our Platform. If you are under the age of 18, do not use or provide any information on or to the Platform or through any of its features without the consent of your parent or legal guardian.

If we learn we have collected or received Personal Information from a child under the age of 18 without verification of parental consent, we will delete it. If you believe we have collected personal information from someone under the age of 18, please contact us using the contact information below.

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, CollectiveOS shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.

To file a notice of infringement with us, please provide the following information to the CollectiveOS designated copyright agent listed below:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
2. A description of the material that you claim is infringing the copyrighted work listed in part (1).
3. An address, telephone number, and an email address where the alleged infringing party can contact you.
4. The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. Your electronic or physical signature.

CollectiveOS has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to the designated agent at:

ATTN: Copyright Agent
Christopher Anderson
13201 Northwest Freeway, Suite 800
Houston, TX 77040
(832) 280-7898
copyright@collectiveOS.health

PRODUCTS AND SERVICES PURCHASE(S)

You agree to pay all fees due for Services and products requested on the Platform pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may receive.

We accept credit and debit cards issued by U.S. banks (“Payment Cards”). By providing us your Payment Card information you authorize CollectiveOS, or any of its related or affiliated entities, including their successors, assigns, agents and service providers (collectively, the “Company”) to initiate electronic charges to your Payment Card or from any substitute account which you later specify or your financial institution later provides in the amount to which you and the Company agree in writing. Your authorization will remain in full force and effective until the earlier of (1) your withdrawal of consent to this Payment Policy (which may be made at any time), or (2) the expiration of your Payment Card.

Your electronic payments must comply with the provisions of U.S. law and applicable payment network rules. Each payment will be processed in U.S. dollars, and, if it is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.

If a Payment Card account is used for a transaction, we may obtain a pre-authorization for an amount up to the total payment amount. If you enroll in automatic recurring payments, all charges and fees will be billed to the Payment Card you designate during the setup process. If you wish to designate a different Payment Card, or if your Payment Card information changes, you must update your information through your account. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that: (a) any Payment Card and bank account information you provide is true, correct, and complete; (b) charges incurred by you will be honored by your Payment Card company or bank; (c) you will pay all charges incurred by you in the amounts posted, including any applicable fees and taxes; and (d) you are the person to whom the card was issued or you are authorized to make purchases or other transactions using the Payment Card provided.

If we are unable to secure funds from the Payment Card you provide for any reason, including insufficient funds or credit limit in the Payment Card or insufficient or inaccurate information provided by you when submitting electronic payment, such payment is immediately due and payable from you and the failure to pay such amount may result in the cancellation of services and/or the termination of your membership. We may also undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute any charges from CollectiveOS or our third-party payment processor with the Payment Card provider, provided the transactions correspond to the terms indicated in these Terms of Use. Any transaction rejected for Non-Sufficient Funds (NSF) will be subject to a fee of up to $15 (as permitted by law with such fees being determined by the state in which you reside) initiated as a separate transaction. If the amount due is not timely paid, your service may be cancelled. Should you incur an NSF fee, you authorize Company to electronically charge the Payment Card for such fee. You understand that Company may at its discretion attempt to reinitiate any rejected or unsuccessful charge. You understand that your financial institution may impose fees in connection with rejected payments, and you agree that Company does not have any liability for such fees.

If Company makes an error in processing a payment, you authorize Company to correct the error by crediting or debiting the Payment Card in the amount of such error on or after the date such error occurs. If there is any missing or erroneous information with respect to the Payment Card or the associated financial institution, you authorize Company to verify and correct such information.

MEMBERSHIP AND SUBSCRIPTION TERMS

Membership. The Platform offers an annual membership that provides access to member pricing, terms, and Platform features, at any time. The membership fee is billed annually. We reserve the right, at our sole discretion, to refuse or cancel any order for Services or any membership. Your account may also be restricted or terminated for any reason, at our sole discretion.

Free Trial. New users may be eligible for a limited free trial period (“Trial Period”) that allows access to certain Platform features at no cost, and as described at the time of sign-up. The Trial Period ends automatically when its stated duration or conditions expire, and your account will automatically convert to a paid annual membership and you will be charged the applicable annual membership fee unless you cancel before the Trial Period expires. By enrolling in the Trial Period, you authorize CollectiveOS to charge your Payment Card for the full annual membership fee at the conclusion of the Trial Period unless you cancel prior to that date.

Auto-Renewal. If you purchase a membership, it will continue until canceled and will automatically renew on an annual basis unless you cancel your membership before the end of the then-current membership period by canceling online through our Platform. If you cancel your membership, your account will remain active through the end of your current billing period. Except as required by applicable law or expressly stated at the time of purchase, all membership fees are non-refundable, and partial-period refunds are not provided.

CollectiveOS may change the price for your Platform membership from time to time and will communicate any price changes to you in advance. Price changes will take effect at the start of the next membership period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Platform after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by canceling your membership prior to the price change going into effect. If payment through your Payment Card is refused, rejected, or declined for any reason, we reserve the right to cancel your membership without notice. In the event that your membership is cancelled for any reason, you will need to re-enroll in order to access our Services.

PAYMENT ACCEPTANCE

For your convenience, you will not be charged until your Payment Card is authorized, and the purchase information is verified for accuracy.

Some situations that may result in your payment being canceled include inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any payment. We will contact you if your payment is canceled or if additional information is required to accept your payment. If your payment is canceled after your payment card (or other payment account) has been charged, we will issue a credit to your Payment Card (or other applicable payment account) in the amount of the charge.

Services and products purchased on the Platform may not be returned and are nonrefundable except as otherwise determined by CollectiveOS in its sole discretion.

We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-CollectiveOS website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-CollectiveOS website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.

CollectiveOS is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth below. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us using the Contact Information below.

By providing your mobile number, you are agreeing to be contacted by or on behalf of CollectiveOS at the mobile number you have provided, including calls and text messages, including through the use of an automatic telephone dialing system, and/or an artificial or prerecorded voice, to receive informational, product or Service related (e.g., progress tracking, reminders, etc.), and commercial messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.

CollectiveOS may record (audio and video) all or part of your interaction with us (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the Services, and to help us improve the Platform. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. CollectiveOS may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.

E-SIGN CONSENT

READ THIS CONSENT IN FULL. BY ACCEPTING THESE TERMS OF USE, YOU ARE AGREEING TO EXECUTE DOCUMENTS AND CONTRACTS USING ELECTRONIC SIGNATURES AND TO FOREGO UTILIZING PEN-AND-INK SIGNATURES ON PAPER. ADDITIONALLY, UNDER THIS CONSENT, YOU ARE AGREEING TO RECEIVE COMMUNICATIONS AND DOCUMENTATION ELECTRONICALLY AND NOT ON PAPER.

Your Legal Rights:

You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”) and that is governed by (identify state) law, and that you and we both intend that E-SIGN apply to our relationship to the fullest extent possible to validate our ability to conduct business with each other by electronic means.

Types of Electronic Communications You Will Receive:

You understand and agree that we may provide documents to you in electronic format and forego paper copies of documents, agreements, disclosures, notices, and other information and communications regarding your account(s), services and products, the use of our websites or our other electronic services, your relationship with us, and/or other programs, products or services that are or may be in the future made available to you (collectively, “Communications”). Such Communications may include, but are not limited to:

• This Consent and any updates thereto;
• Updates to agreements and disclosures, notices, and other materials and information regarding transactions;
• Communications required to be provided to you by law, including disclosures and information about your membership agreement, or any related notifications;
• Online privacy notices and policies, consumer privacy notices and other privacy statements or notices (by posting such notices on our website);
• Any notice of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to products or services that you obtain from us;
• Certain statements or notices that we may be legally required to provide; and
• Certain information or forms that we request from you and ask you to submit electronically.

Types of Communications You Will Receive in Paper Form:

We will not furnish paper copies unless you request them, except where we determine, in our sole discretion, we are required to deliver in paper form under applicable law or where we determine that you should receive Communications in paper rather than electronic form. Such paper copies will be provided to you via mail to your primary physical mailing address appearing in our records or otherwise delivered as required by law or the governing agreement.

Obtaining Paper Copies:

You may request a paper copy of any legal document or required disclosure provided electronically by calling (832) 280-7898 or by e-mailing questions@collectiveos.health, or by mailing a written request to CollectiveOS, 13201 Northwest Freeway, Suite 800, Houston, TX 77040.

Hardware and Software Requirements:

You must have reasonable access to hardware and software that meets the minimum standards necessary in order to view and retain the electronic records we are providing. By agreeing to accept electronic documents, you understand and agree that you meet the following minimum requirements (which are subject to change):

• Operating Systems: Windows® 2000, Windows® XP, Windows® Vista; Mac OS® X.
• Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only).
• PDF Reader: Acrobat® or similar software may be required to view and print PDF files.
• Screen: Color monitor, with a resolution of 800 x 600 at minimum. Customer shall view all text on all documents at 100% magnification.
• Enabled Security Settings: Allow per session cookies.

If you wish to view .pdf files on your mobile device, you will need software which enables the viewing of .pdf files such as the mobile version of Adobe Reader® or similar software.

If Communications sent to you by e-mail reference certain websites containing terms and conditions, you agree that you will review the content and that providing you with the website address constitutes provision of those terms and conditions via electronic means. We recommend that you print or download a copy of this Terms of Use and other Communications we furnish and retain them in a secure place. If our hardware or software requirements change, and that change creates a material risk that you would not be able to access or retain future electronic records from us, we will give you notice of the revised hardware or software requirements by emailing you at the address we have on file. You further understand, acknowledge, and agree that by continuing to access one of our websites electronically after we have sent notice of a change in requirement, such continued use reaffirms your consent to the receipt of electronic records and disclosures as described herein.

Updating Your Contact Information:

You agree to maintain a valid e-mail address. If your e-mail address or other contact information changes, you agree to update your e-mail address or contact information immediately through the Platform.

How to Withdraw Your Consent:

You may withdraw your consent by us pursuant to the Contact information provided in this Terms of Use. You will not be charged a fee for withdrawal of your consent. We reserve the right, in our sole discretion, to terminate or change the terms and conditions on which we provide your account information electronically. We will provide you with notice of such changes as required by law. If you decide to withdraw your consent, that withdrawal will not affect the validity and enforceability of electronic documents that you executed or electronic communications provided to you before your withdrawal of consent.

ELECTRONIC SIGNATURES ARE BINDING AND ENFORCEABLE. ELECTRONIC SIGNATURES DO NOT RELIEVE YOU FROM COMPLIANCE WITH THE TERMS OF A CONTRACT, INCLUDING BUT NOT LIMITED TO YOUR RESPONSIBILITY TO MAKE PAYMENTS DUE.

These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare provider using the Platform (for purposes of this Section, “Provider” or “you”), you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by the Provider, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the CollectiveOS users is directly between you and the patient. The patient will never have a physician-patient relationship with CollectiveOS. CollectiveOS does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and CollectiveOS are each responsible for all billings and collections from patients and other consumers, and CollectiveOS shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

We do not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Platform in determining Provider's compliance obligations under the law. Provider and CollectiveOS agree that CollectiveOS is not providing to customers, patients, or anyone else, medical advice, or legal advice. THE PLATFORM IS NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.

Provider will use the Platform only in accordance with applicable standards of good medical practice. While software products such as the Platform can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship, can affect a patient's outcome, and with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider will advise patients, when reasonably necessary, that Services provided through the Platform may not be a complete or adequate substitute for in-person assessments by the Provider. Provider shall be solely responsible for its use of the Platform and the provision of medical services to Provider's patients. In this regard, Provider releases CollectiveOS and waives any and all potential claims against CollectiveOS as a result of Provider's use of the Platform and the provision of Services to Provider's patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify, and hold CollectiveOS harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against CollectiveOS, regardless of the cause if such claim arises for any reason whatsoever, out of Provider's use or operation of the Platform. To the extent applicable, Provider will obtain CollectiveOS's prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of CollectiveOS or defect in the Platform. CollectiveOS will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Platform (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mails, telephone calls, mailings, or any other method of communication. You represent and warrant to CollectiveOS that you have the legal right and authorization to upload all Provider Content to the Platform. CollectiveOS shall have a royalty-free, irrevocable, transferable right, and license to use the Provider Content however CollectiveOS desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. CollectiveOS is and shall be under no obligation: (x) to maintain any Provider Content in confidence; (y) to pay to you any compensation for any Provider Content; or (z) to respond to any Provider Content.

CollectiveOS does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You grant CollectiveOS the right to use the name that you submit in connection with any Provider Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Platform or provide to patients or other consumers. CollectiveOS and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, CollectiveOS and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, CollectiveOS and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, CollectiveOS and its affiliates.

YOU AGREE THAT BY USING THE PLATFORM, YOU AND COLLECTIVEOS ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND COLLECTIVEOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

You and CollectiveOS agree that all claims and disputes arising from or relating in any way to the subject matter of these Terms and Conditions, your use of our Platform, or your and CollectiveOS's dealings with one another in connection with our Platform, shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this section. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms and Conditions, the Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this section.

There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Neither you nor CollectiveOS will be able to have a court or jury trial or participate in a class action or class arbitration. You and CollectiveOS each further understand and agree that by agreeing to resolve any dispute through individual arbitration:

YOU AND COLLECTIVEOS ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, YOUR USE OF OUR PLATFORM, OR YOUR AND COLLECTIVEOS DEALINGS WITH ONE ANOTHER IN CONNECTION WITH OUR PLATFORM MUST BE COMMENCED IN ARBITRATION WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH TWO-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You and CollectiveOS agree that all challenges to the validity and applicability of the arbitration provision (i.e., whether a particular claim or dispute is subject to arbitration) shall be determined by the arbitrator. Notwithstanding any provision in these Terms and Conditions to the contrary, if the class action waiver above is deemed invalid or unenforceable, neither you nor CollectiveOS will be entitled to arbitration. If the arbitration provision in this section is found unenforceable or to be not applicable for a given dispute, then the proceeding must be brought exclusively in the state and federal courts of competent jurisdiction located in Harris County, Texas, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by all limitations on liability and damages included in these Terms and Conditions. This arbitration provision will survive termination of your use of our Platform. This arbitration provision involves interstate commerce and, therefore, shall be governed by the FAA, and not by state law. Information on JAMS, how to start arbitration, and a description of the arbitration process can be found at www.jamsadr.com.

If you wish to opt-out of the agreement to arbitrate, within thirty (30) days after you first use our Platform or submit through our Platform a request for information, you must provide your individual, personally signed notice of your intention to opt out to CollectiveOS by email at legal@collectiveos.health.

If you opt out of the arbitration provision, you agree to litigate exclusively in the state or federal courts of competent jurisdiction located in Harris County, Texas and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by all limitations on liability and damages included in these Terms and Conditions.

You agree to defend, indemnify, and hold CollectiveOS and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney's fees of any kind whatsoever arising directly or indirectly out of or in connection with: (a) your use or misuse of the Platform, Services, or any information posted on the Platform; (b) your breach of the Terms of Use or Privacy Policy; (c) the content or subject matter of any information you provide to CollectiveOS; or (d) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

COLLECTIVEOS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COLLECTIVEOS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. COLLECTIVEOS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY COLLECTIVEOS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.

COLLECTIVEOS AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COLLECTIVEOS TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).

We will not be deemed to be in breach of these Terms of Use or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) other events beyond the reasonable control of CollectiveOS. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. CollectiveOS shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

The CollectiveOS name, the CollectiveOS logo and all related names, logos, product and service names, designs and slogans are trademarks of CollectiveOS or its affiliates or licensors. You must not use such marks without the prior written permission of CollectiveOS. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

CollectiveOS reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between CollectiveOS and you pertaining to the subject matter hereof. In its sole discretion, CollectiveOS may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

Survival. The following sections shall survive the expiration or termination of these Terms of Use for any reason: Sections 3 (Privacy Practices), 7 (Ownership of the Platform), 9 (Access to Platform, Security, and Restrictions), 23 (Dispute Resolution; Arbitration Agreement), 24 (Indemnification), 25 (Disclaimer of Warranties), 26 (Limitation of Liability), 29 (Revisions; General), 30 (Export Controls), and any other provisions that by their nature should survive termination.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or on any list subject to U.S. embargo, sanctions, or export controls. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from CollectiveOS, or any products utilizing such data, in violation of the United States export laws or regulations.

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below:

CollectiveOS
13201 Northwest Freeway, Suite 800
Houston, TX 77040
Email: questions@collectiveos.health
Phone: (832) 280-7898