EULA

This End User License Agreement (EULA) is a legal agreement between you (the end user) and Communicare (the licensor) for the use of the Communicare mobile application (Communicare). By downloading, installing, or using the app, you agree to be bound by the terms and conditions of this EULA. If you do not agree, do not download, install, or use the app.

License Grant

Subject to your compliance with this EULA, Communicare grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the app on your compatible mobile device for your personal or professional purposes, in accordance with the app's documentation and functionality.

License Restrictions

You may not:

• copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the app or any part of it, except as expressly permitted by law or with Communicare's prior written consent;

• rent, lease, lend, sublicense, distribute, sell, or transfer the app or any part of it to any third party, or allow any third party to access or use the app or any part of it;

• remove, alter, or obscure any copyright, trademark, or other proprietary notices or labels on or in the app or any part of it;

• use the app for any illegal, fraudulent, abusive, or unethical purpose, or in any way that violates any applicable law, regulation, or professional standard;

• use the app to transmit, store, or process any protected health information (PHI) or other sensitive or confidential data, unless you have obtained the necessary consents, authorizations, and agreements from the data subjects and data owners, and comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH);

• use the app to harm, threaten, harass, defame, or infringe the rights of any person or entity, or to transmit, store, or process any malicious, offensive, obscene, or unlawful content;

• use the app to interfere with, disrupt, or impair the security, performance, or functionality of the app, Communicare's servers, networks, or systems, or any other person's or entity's devices, data, or services;

• use the app to bypass, circumvent, or breach any security, authentication, or encryption measures or features of the app, Communicare's servers, networks, or systems, or any other person's or entity's devices, data, or services;

• use the app to access, monitor, or collect any data or information from or about the app, Communicare's servers, networks, or systems, or any other person's or entity's devices, data, or services, without their express permission or authorization, or in violation of their privacy or intellectual property rights;

• use the app to test, benchmark, or evaluate the app, Communicare's servers, networks, or systems, or any other person's or entity's devices, data, or services, without their express permission or authorization, or in violation of their terms of service or policies;

• use the app in any manner that is inconsistent with this EULA, the app's documentation, or Communicare's policies.

Ownership and Intellectual Property Rights

The app and all its components, including but not limited to its software, code, design, graphics, logos, icons, sounds, features, functions, content, and data, are the property of Communicare or its licensors, and are protected by applicable intellectual property laws and treaties. Communicare and its licensors retain all rights, title, and interest in and to the app and its components, and nothing in this EULA transfers or assigns any of those rights, title, or interest to you or any third party. You acknowledge and agree that you have no right, claim, or interest in or to the app or its components, except for the limited license granted to you under this EULA.

Updates and Modifications

Communicare may, from time to time, update, upgrade, modify, or enhance the app or any part of it, or discontinue, suspend, or terminate the app or any part of it, at its sole discretion and without prior notice or liability to you or any third party. You agree that Communicare has no obligation to provide or maintain the app or any part of it, or to provide any support, maintenance, or service for the app or any part of it. You also agree that Communicare may, from time to time, change the terms and conditions of this EULA, by posting the revised EULA on its website or in the app, or by notifying you by email or other means. Your continued use of the app after such changes constitutes your acceptance of the revised EULA. If you do not agree to the revised EULA, you must stop using the app and uninstall it from your device.

Disclaimer of Warranties

The app is provided "as is" and "as available", without any warranties, representations, or guarantees of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security, availability, compatibility, or non-infringement. Communicare and its licensors do not warrant that the app or any part of it will meet your requirements or expectations, or that the app or any part of it will be uninterrupted, error-free, virus-free, or free from defects, or that any errors, defects, or issues will be corrected or resolved. You assume all risks and responsibilities for the use of the app and any results or outcomes obtained from the use of the app. You acknowledge and agree that the app is not intended to provide or substitute any medical, legal, or professional advice, diagnosis, treatment, or service, and that you are solely responsible for obtaining and verifying any such advice, diagnosis, treatment, or service from qualified and authorized sources. You also acknowledge and agree that the app is not intended to create or constitute any doctor-patient, attorney-client, or other professional-client relationship, and that you are solely responsible for maintaining and complying with any such relationship and any applicable laws and regulations.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Communicare or its licensors be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with the use of or inability to use the app or any part of it, or any breach of this EULA, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not Communicare or its licensors have been advised of the possibility of such damages. In any case, the total liability of Communicare and its licensors for any claim or cause of action arising out of or in connection with the use of or inability to use the app or any part of it, or any breach of this EULA, will not exceed the amount paid by you for the app, if any, or $100, whichever is less. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions or limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Communicare and its licensors, and their respective officers, directors, employees, agents, affiliates, and contractors, from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of or inability to use the app or any part of it, or your breach of this EULA, or your violation of any applicable law, regulation, or professional standard, or your infringement or misappropriation of any third party's rights, or your negligence or misconduct. Communicare reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Communicare in such defense.

Termination

This EULA is effective until terminated by you or Communicare. You may terminate this EULA at any time by uninstalling the app from your device and ceasing all use of the app. Communicare may terminate this EULA at any time, with or without cause, by notifying you or by disabling or deleting the app or any part of it from your device. Upon termination of this EULA, your license to use the app will automatically terminate, and you must uninstall the app from your device and cease all use of the app. The provisions of this EULA that by their nature should survive termination will survive termination, including but not limited to ownership and intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and governing law and jurisdiction.

Governing Law and Jurisdiction

This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You and Communicare agree to submit to the exclusive jurisdiction of the courts of the State of Delaware and the federal courts located in the District of Deleware for the resolution of any such dispute or claim.

General

This EULA constitutes the entire agreement between you and Communicare regarding the use of the app and supersedes any prior or contemporaneous agreements, communications, or representations, whether written or oral, relating to the same subject matter. This EULA may not be modified or amended by you, except by a written instrument signed by Communicare. If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions will remain in full force and effect. No waiver of any provision of this EULA will be deemed a further or continuing waiver of such provision or any other provision, and no failure or delay by Communicare to exercise or enforce any right or remedy under this EULA will be construed as a waiver of such right or remedy. You may not assign or transfer this EULA or any of your rights or obligations under this EULA, without the prior written consent of Communicare. Communicare may assign or transfer this EULA or any of its rights or obligations under this EULA, without your consent or notice. This EULA will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Nothing in this EULA will create or imply any partnership, joint venture, agency, fiduciary, or other relationship between you and Communicare, other than that of licensor and licensee. Any notice or communication required or permitted under this EULA will be in writing and will be deemed delivered when sent by email to the address provided by you or Communicare, or when posted on Communicare's website or in the app.

Contact

If you have any questions, comments, or concerns about the app or this EULA, please contact Communicare at customerservice@communicare.io.

Terms of Service

Welcome to [App Name], a HIPAA compliant messaging mobile application that allows you to communicate securely and efficiently with your colleagues, clients, patients, and other authorized users. Communicare is owned and operated by Communicare LLC, a Delaware limited liability company (referred to as "we", "us", "our", or "Communicare" in these Terms of Service). These Terms of Service (the "Terms") govern your access to and use of the Communicare mobile application (the "app"), the Communicare website (the "website"), and any other products, services, features, functions, content, or data provided by or through Communicare (collectively, the "services"). By accessing or using the services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the services.

Eligibility and Registration

To access and use the services, you must be at least 18 years old and have the legal capacity to enter into these Terms. You must also register for an account with Communicare and provide accurate, complete, and current information about yourself and your organization, if applicable. You are responsible for maintaining the security and confidentiality of your account, password, and any other login credentials, and for preventing unauthorized access or use of your account or the services. You must notify us immediately of any actual or suspected breach of security or unauthorized access or use of your account or the services. You are also responsible for all activities that occur under your account or through your use of the services, and for complying with these Terms and any applicable laws, regulations, and professional standards. You may not share your account or login credentials with any other person or entity, or use any other person's or entity's account or login credentials, without their express permission or authorization. You may not create more than one account, or create an account for any fraudulent, deceptive, or unlawful purpose, or in violation of any third party's rights or interests.

Use of the Services

Subject to your compliance with these Terms, Communicare grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the services for your personal or professional purposes, in accordance with the services' documentation and functionality. You may not:

• copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the services or any part of them, except as expressly permitted by law or with Communicare's prior written consent;

• rent, lease, lend, sublicense, distribute, sell, or transfer the services or any part of them to any third party, or allow any third party to access or use the services or any part of them;

• remove, alter, or obscure any copyright, trademark, or other proprietary notices or labels on or in the services or any part of them;

• use the services for any illegal, fraudulent, abusive, or unethical purpose, or in any way that violates any applicable law, regulation, or professional standard;

• use the services to transmit, store, or process any protected health information (PHI) or other sensitive or confidential data, unless you have obtained the necessary consents, authorizations, and agreements from the data subjects and data owners, and comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH);

• use the services to harm, threaten, harass, defame, or infringe the rights of any person or entity, or to transmit, store, or process any malicious, offensive, obscene, or unlawful content;

• use the services to interfere with, disrupt, or impair the security, performance, or functionality of the services, Communicare's servers, networks, or systems, or any other person's or entity's devices, data, or services;

• use the services to bypass, circumvent, or breach any security, authentication, or encryption measures or features of the services, Communicare's servers, networks, or systems, or any other person's or entity's devices, data, or services;

• use the services to access, monitor, or collect any data or information from or about the services, Communicare's servers, networks, or systems, or any other person's or entity's devices, data, or services, without their express permission or authorization, or in violation of their privacy or intellectual property rights;

• use the services to test, benchmark, or evaluate the services, Communicare's servers, networks, or systems, or any other person's or entity's devices, data, or services, without their express permission or authorization, or in violation of their terms of service or policies;

• use the services in any manner that is inconsistent with these Terms, the services' documentation, or Communicare's policies.

You acknowledge and agree that:

• the services are not intended to provide or substitute any medical, legal, or professional advice, diagnosis, treatment, or service, and that you are solely responsible for obtaining and verifying any such advice, diagnosis, treatment, or service from qualified and authorized sources;

• the services are not intended to create or constitute any doctor-patient, attorney-client, or other professional-client relationship, and that you are solely responsible for maintaining and complying with any such relationship and any applicable laws and regulations;

• the services may depend on various factors, such as your device, network, internet, and other third party services or providers, and that Communicare does not guarantee or warrant the availability, reliability, accuracy, completeness, timeliness, quality, or security of the services or any part of them;

• the services may contain links to or integrations with other websites, applications, or services that are not owned or controlled by Communicare, and that Communicare is not responsible or liable for the content, privacy, or security of such websites, applications, or services, or for your access or use of them;

• the services may allow you to communicate, interact, or share content or data with other users or third parties, and that Communicare is not responsible or liable for the content, privacy, or security of such communication, interaction, or sharing, or for the conduct, actions, or omissions of such users or third parties;

• the services may allow you to transmit, store, or process PHI or other sensitive or confidential data, and that Communciare will comply with its obligations under HIPAA and HITECH as a business associate of you or your organization, if applicable, and that you will comply with your obligations under HIPAA and HITECH as a covered entity or a business associate of another covered entity, if applicable, and that you will enter into a business associate agreement with Communicare if required by law or requested by Communicare;

• the services may allow you to transmit, store, or process data or information that is subject to other laws or regulations, such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), or the Children's Online Privacy Protection Act (COPPA), and that you will comply with your obligations under such laws or regulations, and that you will obtain any necessary consents, authorizations, or agreements from the data subjects or data owners, and that you will respect their rights and interests;

• the services may allow you to transmit, store, or process data or information that is subject to the intellectual property rights of Communicare or third parties, and that you will comply with your obligations under such intellectual property rights, and that you will obtain any necessary licenses, permissions, or authorizations from Communicare or third parties, and that you will respect their rights and interests.

Ownership and Intellectual Property Rights

The services and all their components, including but not limited to their software, code, design, graphics, logos, icons, sounds, features, functions, content, and data, are the property of Communicare or its licensors, and are protected by applicable intellectual property laws and treaties. Communciare and its licensors retain all rights, title, and interest in and to the services and their components, and nothing in these Terms transfers or assigns any of those rights, title, or interest to you or any third party. You acknowledge and agree that you have no right, claim, or interest in or to the services or their components, except for the limited right and license granted to you under these Terms.

You grant Communciare a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable right and license to access, use, copy, modify, adapt, translate, distribute, publish, display, perform, and create derivative works of any data or information that you transmit, store, or process through the services, or that you communicate, interact, or share with other users or third parties through the services, for the purposes of providing, maintaining, improving, and developing the services, and for any other purposes that are consistent with these Terms and our Privacy Policy. You represent and warrant that you have the right, authority, and consent to grant such right and license to Communicare, and that such data or information does not violate or infringe any applicable law, regulation, or professional standard, or any third party's rights or interests.

Feedback

We welcome and appreciate your feedback, suggestions, comments, or ideas about the services (the "feedback"). You agree that any feedback that you provide to us is voluntary, non-confidential, and non-proprietary, and that we may use, disclose, or exploit such feedback for any purpose, without any obligation, compensation, or attribution to you or any third party.

Fees and Payment

Some of the services may require you to pay fees or charges, as indicated on the website or in the app, or as agreed by you and Communicare in writing. You agree to pay such fees or charges in accordance with the payment terms and methods specified by Communicare. You also agree to pay any applicable taxes, levies, or duties that may be imposed on such fees or charges by any authority. You are responsible for providing and maintaining accurate and current billing and payment information, and for notifying Communicare of any changes or updates to such information. You authorize Communicare or its designated payment processor to charge your credit card, debit card, bank account, or other payment method for the fees or charges due for the services. You acknowledge and agree that Communicare may change the fees or charges for the services at any time, by posting the revised fees or charges on the website or in the app, or by notifying you by email or other means. Your continued use of the services after such changes constitutes your acceptance of the revised fees or charges. If you do not agree to the revised fees or charges, you must stop using the services and cancel your account.

Cancellation and Refund

You may cancel your account or subscription to the services at any time, by following the instructions on the website or in the app, or by contacting Communicare at customerservice@communicare.io. You acknowledge and agree that Communicare may cancel your account or subscription to the services at any time, with or without cause, by notifying you or by disabling or deleting your account or subscription. Upon cancellation of your account or subscription, your right and license to access and use the services will automatically terminate, and you must cease all access and use of the services. You also acknowledge and agree that Communicare may delete or remove any data or information that you have transmitted, stored, or processed through the services, or that you have communicated, interacted, or shared with other users or third parties through the services, upon cancellation of your account or subscription, or at any time thereafter, at its sole discretion and without liability to you or any third party. You are solely responsible for backing up, exporting, or transferring any such data or information before or after cancellation of your account or subscription, in accordance with the services' documentation and functionality. You acknowledge and agree that Communicare does not offer any refunds or credits for any fees or charges paid for the services, or for any unused or remaining portion of the services, except as required by law or as expressly stated by Communicare in writing.

Disclaimer of Warranties

The services are provided "as is" and "as available", without any warranties, representations, or guarantees of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security, availability, compatibility, or non-infringement. Communicare and its licensors do not warrant that the services or any part of them will meet your requirements or expectations, or that the services or any part of them will be uninterrupted, error-free, virus-free, or free from defects, or that any errors, defects, or issues will be corrected or resolved. You assume all risks and responsibilities for the access and use of the services and any results or outcomes obtained from the access and use of the services. You acknowledge and agree that Communicare is not responsible or liable for any loss, damage, or harm that may arise from or in connection with the access and use of the services or any part of them, or from or in connection with any breach of these Terms, or from or in connection with any conduct, actions, or omissions of any users or third parties.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Communciare or its licensors be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with the access and use of or inability to access and use the services or any part of them, or any breach of these Terms, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not Communicare or its licensors have been advised of the possibility of such damages. In any case, the total liability of Communicare and its licensors for any claim or cause of action arising out of or in connection with the access and use of or inability to access and use the services or any part of them, or any breach of these Terms, will not exceed the amount paid by you for the services, if any, or $100, whichever is less. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions or limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Communicare and its licensors, and their respective officers, directors, employees, agents, affiliates, and contractors, from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your access and use of or inability to access and use the services or any part of them, or your breach of these Terms, or your violation of any applicable law, regulation, or professional standard, or your infringement or misappropriation of any third party's rights, or your negligence or misconduct. Communicare reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Communicare in such defense.

Changes and Modifications

Communicare may, from time to time, update, upgrade, modify, or enhance the services or any part of them, or discontinue, suspend, or terminate the services or any part of them, at its sole discretion and without prior notice or liability to you or any third party. You agree that Communicare has no obligation to provide or maintain the services or any part of them, or to provide any support, maintenance, or service for the services or any part of them. You also agree that Communicare may, from time to time, change the terms and conditions of these Terms, by posting the revised Terms on the website or in the app, or by notifying you by email or other means. Your continued access and use of the services after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the services and cancel your account.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You and Communicare agree to submit to the exclusive jurisdiction of the courts of the State of Delaware and the federal courts located in the District of Delaware for the resolution of any such dispute or claim.

General

These Terms constitute the entire agreement between you and Communicare regarding the access and use of the services and supersede any prior or contemporaneous agreements, communications, or representations, whether written or oral, relating to the same subject matter. These Terms may not be modified or amended by you, except by a written instrument signed by Communicare. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and no failure or delay by Communicare to exercise or enforce any right or remedy under these Terms will be construed as a waiver of such right or remedy. You may not assign or transfer these Terms or any of your rights or obligations under these Terms, without the prior written consent of Communicare. Communicare may assign or transfer these Terms or any of its rights or obligations under these Terms, without your consent or notice. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Nothing in these Terms will create or imply any partnership, joint venture, agency, fiduciary, or other relationship between you and Communicare, other than that of service provider and service user. Any notice or communication required or permitted under these Terms will be in writing and will be deemed delivered when sent by email to the address provided by you or Communicare, or when posted on Communicare's website or in the app.

Contact

If you have any questions, comments, or concerns about the services or these Terms, please contact Communicare at customerservice@communicare.io.