Elixir Terms and Conditions － Legal

Updated January 31, 2025

Elixir Website Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the MedSure.io website located at www.medsure.io, and all associated sites linked to www.medsure.io by MedSure, its subsidiaries, and affiliates (collectively, the “Site”). The Site is the property of MedSure Inc. (“MedSure”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

MedSure reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for updates. Your continued use of the Site following any changes means that you accept and agree to those changes. As long as you comply with these Terms of Use, MedSure grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content on the Site, are owned, controlled, or licensed by or to MedSure and are protected by trade dress, copyright, patent, and trademark laws, along with various other intellectual property rights.

Except as expressly permitted in these Terms of Use, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution, or for any commercial purpose, without MedSure’s express prior written consent.

You may use information on MedSure products and services (such as data sheets, knowledge base articles, and similar materials) that are purposely made available by MedSure for download from the Site, provided that you:

1. Do not remove any proprietary notice language in all copies of such documents.

2. Use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media.

3. Make no modifications to any such information.

4. Do not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automated or manual process to access, acquire, copy, or monitor any portion of the Site or its Content, or in any way reproduce or bypass the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information not purposely made available through the Site. MedSure reserves the right to block any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MedSure server, by hacking, password “mining,” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to it, nor breach security or authentication measures. You may not reverse look-up, trace, or seek to obtain information on any other user of the Site or any other customer of MedSure, including any MedSure account not owned by you.

You agree not to take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or MedSure’s systems. You may not use any device, software, or routine to interfere with the proper functioning of the Site or any transaction conducted on the Site.

You may not forge headers, manipulate identifiers, or impersonate any person or entity while using the Site. Additionally, you may not use the Site or any Content for any unlawful purpose or to solicit illegal activity that infringes on the rights of MedSure or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of products or services and to specific portions or features of the Site, including promotions, contests, or similar activities. You agree to comply with any such additional terms, including confirming that you are of legal age to use certain services. If there is a conflict between these Terms of Use and specific terms posted for a particular section of the Site, the latter terms will control with respect to that section.

MedSure’s obligations regarding its products and services are governed solely by the agreements under which they are provided. Nothing on this Site should be interpreted as modifying such agreements.

MedSure may update product offerings, services, or pricing at any time without notice. The materials on the Site regarding products and services may be outdated, and MedSure is not obligated to update them.

The following terms also apply to your use of the Site and are incorporated herein by reference:

• Guidelines for Using MedSure Trademarks & Copyrights

• Rights & Permissions

• Trademarks

• Claims of Copyright Infringement

• Piracy

• Counterfeit Products

• MedSure’s Unsolicited Idea Submission Policy

• Software License Information

• Legal Contacts

Each of these policies may be updated periodically and will become effective upon posting on the Site.

Here’s the revised version tailored for MedSure.io, with a focus on health and medicine:

MedSure.io Website Terms of Use

Legal Information & Notices

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to create an account (including setting up a MedSure ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account due to failure to keep this information secure and confidential. You agree to notify MedSure immediately of any unauthorized use of your account, password, or any other breach of security. You may be held liable for losses incurred by MedSure or any other user of the Site due to someone else using your MedSure ID, password, or account as a result of your failure to maintain security.

You may not use anyone else’s MedSure ID, password, or account at any time without the express permission and consent of the account holder. MedSure is not liable for any loss or damage resulting from your failure to comply with these obligations.

Privacy

MedSure’s Privacy Policy applies to the use of this Site and is incorporated into these Terms of Use by reference. To view MedSure’s Privacy Policy, click [here].

By using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. Any message or information you send to the Site may be read or intercepted by others, even if there is a notice that a particular transmission (e.g., protected health information or payment details) is encrypted. While MedSure employs industry-standard security measures, we cannot guarantee absolute security in internet-based communications.

Links to Other Sites and to the MedSure Site

This Site may contain links to third-party websites (“Linked Sites”) for convenience. These Linked Sites are not under MedSure’s control, and MedSure is not responsible for and does not endorse the content of such Linked Sites, including any health information, services, or resources they provide. Users should exercise their own judgment regarding their interaction with these Linked Sites, particularly when making health-related decisions.

Disclaimers

MEDSURE DOES NOT GUARANTEE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

MEDSURE CANNOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDSURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

The content provided on MedSure.io, including health-related articles, recommendations, and medical resources, is for informational purposes only and should not be considered medical advice. The Site does not establish a doctor-patient relationship, and users should always seek professional medical guidance from a licensed healthcare provider regarding their health conditions, treatments, and medications.

MEDSURE DISCLAIMS ANY LIABILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE AND/OR ANY MEDSURE SERVICES. YOUR USE OF THE SITE AND ANY LINKED SITES IS SOLELY AT YOUR OWN RISK.

If you are experiencing a medical emergency, call 911 or seek immediate medical attention from a healthcare professional.

Limitation of Liability

Except where prohibited by law, MedSure will not be liable to you for any indirect, consequential, incidental, or punitive damages, including but not limited to loss of health data, delays in medical treatment, or loss of profits, even if MedSurehas been advised of such damages.

If, notwithstanding the other provisions of these Terms of Use, MedSure is found to be liable for any damages related to your use of the Site, MedSure’s liability shall not exceed the greater of (1) the total fees you have paid for services on the Site in the six months preceding the claim, or (2) $100.00 USD. Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.

Indemnity

You agree to indemnify and hold MedSure, its officers, directors, employees, affiliates, and partners harmless from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Site, including but not limited to:

• Any violation of these Terms of Use.

• Your reliance on any medical or health-related content.

• Any unauthorized use of your account.

Violation of These Terms of Use

MedSure may disclose any information we have about you if we determine that such disclosure is necessary for any investigation regarding your use of the Site. We may also disclose your information if required by law, legal process, or government request, or to protect the rights, property, or safety of MedSure, our users, or the public.

You acknowledge that MedSure may preserve any communication with you and may disclose such data when required to:

1. Comply with legal obligations.

2. Enforce these Terms of Use.

3. Respond to claims of data misuse or health misinformation.

4. Protect the rights, property, or safety of MedSure, its employees, users, and the public.

MedSure reserves the right, at its sole discretion, to:

• Suspend or terminate your access to the Site if you violate these Terms of Use.

• Modify, suspend, or discontinue portions of the Site at any time without notice.

• Restrict access to services for users who misuse or abuse the Site’s health-related content.

If MedSure takes legal action against you due to a violation of these Terms of Use, you agree to pay all reasonable legal fees and costs incurred by MedSure.

Governing Law; Dispute Resolution

All matters relating to your use of the Site, including disputes, shall be governed by the laws of the United States and the State of Caifornia, without regard to conflicts of law provisions. You agree to the exclusive jurisdiction of state and federal courts in Los Angeles County, California, waiving any objections to such jurisdiction.

For users based in the European Union or other regions with differing consumer rights, local consumer protection laws may apply. Any claim under these Terms of Use must be brought within one (1) year of the event giving rise to the claim, or it will be barred.

In the event of a dispute, the parties shall first attempt to resolve it through good-faith negotiations. If a resolution cannot be reached within 30 days, either party may seek mediation before pursuing legal remedies.

Here’s the revised version tailored for MedSure.io, ensuring it aligns with a health and medical context:

Void Where Prohibited

MedSure administers and operates the www.MedSure.io Site from its headquarters in [Insert Location], USA; other MedSure sites and services may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, healthcare-related products, services, or medical information referenced or offered on the Site are available to all individuals or in all geographic locations, nor are they necessarily appropriate for use outside the United States.

MedSure reserves the right, at its sole discretion, to limit the availability of any feature, product, or service to any person or geographic region. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local health laws, regulations, and medical guidelines.

Miscellaneous

You may not use, export, or re-export any content, medical resource, service, or technology offered on the Site in violation of applicable laws or regulations, including but not limited to United States healthcare compliance laws, HIPAA regulations, and international data protection standards.

If any provision of these Terms of Use is found by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best reflects the original intent. The remainder of these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and MedSure regarding the use of the Site, superseding any previous written or oral agreements related to such use. Other than as specified in an official MedSureservice agreement, MedSure will not accept any counter-offers to these Terms of Use, and all such offers are categorically rejected.

MedSure’s failure to enforce any provision of these Terms of Use shall not be interpreted as a waiver of any right or provision, nor shall any prior course of conduct between MedSure and you be deemed to modify any aspect of these Terms of Use. These Terms of Use do not confer any rights or remedies to third parties.

MedSure provides access to health-related content, medical data, and international health resources, which may include references to MedSure programs, products, or services not yet available in your country. Such references do not imply that MedSure intends to introduce these products, programs, or services in your region.

Feedback and Information

Any feedback you provide through this Site shall be considered non-confidential, and MedSure shall be free to use such information without restrictions, including for the improvement of services, research, and development of new health-related offerings.

The information contained on this Site is subject to change without notice.

Copyright © 2025 MedSure Inc. All rights reserved.

MedSure Inc., 1681 Comstock Ave, Los Angeles California, USA.

Last Updated by the MedSure Legal Team on 02/24/2025.

Medsure Media Services Terms and Conditions

A. INTRODUCTION

This Agreement governs your use of MedSure’s services (“Services” – e.g., and where available, prescription savings, medication price comparison, pharmacy discounts, personalized drug cost reduction plans, and other related offerings), through which you can access savings, pricing insights, and cost optimization for your medications (collectively, “Content”). Content may be offered through the Services by MedSure or a third party.

Our Services are available for your use in your country or territory of residence (“Home Country”). By creating an account for use of the Services in a particular country or territory, you are specifying it as your Home Country.

To use our Services, you need a compatible device, software (latest version recommended and sometimes required), and Internet access (fees may apply). The performance of our Services may be affected by these factors.

B. PAYMENTS, TAXES, AND REFUNDS

You can access MedSure’s Services for a one-time fee or other applicable charges, each referred to as a “Transaction.” By completing a Transaction, you acquire access to our prescription savings tools and cost reduction services. Each Transaction is an electronic contract between you and MedSure, and/or you and the entity providing discounts or pricing information through our platform.

MedSure will charge your selected payment method for any paid Transactions, including any applicable taxes. You can associate multiple payment methods with your MedSure account, and you agree that MedSure may store and charge those payment methods for Transactions. Your primary payment method appears at the top of your account settings payments page.

If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize MedSure to attempt to charge your other eligible payment methods in order from top to bottom as they appear on your account settings payments page. If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method.

If you are eligible for a refund under our money-back guarantee, we will reimburse you no later than 14 days from the day we receive your refund request. We will use the same means of payment as you used for the Transaction, and you will not incur any fees for such reimbursement. If we detect fraud, abuse, or other manipulative behavior, we reserve the right to deny refunds and take appropriate action.

C. ACCOUNT

Using our Services requires a MedSure account. Your MedSure account allows you to access prescription savings, track your medication costs, and manage payment settings. You are responsible for maintaining the confidentiality and security of your account. MedSure is not responsible for any losses arising from unauthorized use of your account. Please contact MedSure immediately if you suspect that your account has been compromised.

You must be at least 18 years old to create an account and use our Services. A parent or legal guardian may create an account for a minor if they assume full responsibility for the use of the Services.

D. PRIVACY

Your use of our Services is subject to MedSure’s Privacy Policy, which explains how we collect, use, and protect your data. You can review our Privacy Policy here.

E. ACCESSIBILITY

MedSure is committed to making our Services accessible to all users. For more information on accessibility features, visit our accessibility page.

F. SERVICES AND CONTENT USAGE RULES

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. MedSure may monitor your use of the Services and Content to ensure compliance with these Usage Rules.

All Services:

• You may use the Services and Content only for personal, noncommercial purposes unless explicitly authorized by MedSure.

• MedSure’s delivery of Services or Content does not transfer any commercial or promotional use rights to you and does not constitute a grant or waiver of any rights of the copyright owners.

• You may not manipulate service functionality, discounts, offers, downloads, ratings, or reviews by any means—such as (i) using a bot, script, or automated process, or (ii) providing or accepting any kind of compensation or incentive for such manipulation.

• You may not use any software, device, automated process, or equivalent manual process to scrape, copy, analyze, or monitor any portion of the Content or Services.

• You are responsible for maintaining access to your purchased or acquired Content. MedSure is not liable for lost, destroyed, or damaged Content once accessed.

• You may not tamper with or circumvent any security technology included with the Services or Content.

• You may not use the Services to plan or engage in any illegal activity or use the Services for the commission or facilitation of illegal activity.

• You may access our Services only through MedSure-approved software and may not modify or use altered versions of such software.

Prescription and Discount Services:

• MedSure provides access to medication pricing, prescription savings, and discount programs through partnered providers. The availability and terms of these offers may change without notice.

• Prescription discounts are provided based on agreements with pharmacies and partners. MedSure does not guarantee pricing, as costs may vary based on location, provider policies, and medication availability.

• Users may only use discount services for personal prescriptions and may not resell or distribute discount codes for unauthorized commercial purposes.

G. TERMINATION AND SUSPENSION OF SERVICES

If you fail, or MedSure suspects that you have failed, to comply with any of the provisions of this Agreement, MedSure may, without notice:

(i) terminate this Agreement and/or your MedSure account, in which case you will remain liable for all amounts due under your account up to and including the date of termination;

(ii) revoke your access to MedSure’s Services; and/or

(iii) preclude your future use of the Services.

MedSure reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice. If this occurs in breach of these terms, you may have the right to seek resolution under applicable laws. However, MedSure will not be liable for any disruptions or discontinuation of Services unless explicitly required by law.

H. DOWNLOADS

You may be limited in the amount of Content you may download, and some downloaded Content may expire after a given period. Certain Content may not be available for download at all.

Previously accessed Content may be removed from our Services at any time (for example, if MedSure loses the right from a provider to make it available), after which it cannot be downloaded, redownloaded, or otherwise accessed from MedSure. We encourage you to maintain backup copies of any Content you wish to retain.

I. SUBSCRIPTIONS

Certain MedSure Services may be available on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew unless canceled through the Manage Subscriptions section of your account settings.

• You will be notified if the price of a Paid Subscription increases and, if required, your consent will be necessary to continue.

• If MedSure cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not canceled the Paid Subscription, you remain responsible for any unpaid amounts. MedSure will attempt to charge the payment method again or request an updated payment method.

• If a Paid Subscription offers a free trial, you must cancel before the trial period ends to avoid being charged.

• When your Paid Subscription ends, you will lose access to any functionality or Content that requires an active subscription.

J. CONTENT AND SERVICE AVAILABILITY

Some Services, Content, and features may not be available in all locations. Availability may be affected by licensing agreements, regulatory compliance, or technical limitations.

K. THIRD-PARTY DEVICES AND EQUIPMENT

Some features of MedSure’s Services may not be fully functional on third-party devices. Certain Services may also require or recommend third-party equipment. Your use of such equipment is subject to the manufacturer’s terms and conditions. MedSure is not responsible for performance issues caused by third-party devices or services.

Got it! Here’s a fully adapted version of Sections L, M, and N that aligns with MedSure instead of just swapping names.

L. YOUR SUBMISSIONS TO OUR SERVICES

MedSure’s Services may allow you to submit or post materials such as comments, ratings and reviews, images, videos, and other user-generated content. Your use of these features must comply with the Submission Guidelines below, which MedSure may update from time to time. If we become aware of materials that violate these guidelines, we reserve the right to remove them. If you encounter any content that is offensive, abusive, or illegal, you may report it to [MedSure’s support contact].

By submitting content to MedSure’s Services, you grant MedSure a worldwide, royalty-free, perpetual, and nonexclusive license to use, display, distribute, and promote your submitted content within our Services, related marketing, and internal operations. MedSure may review, monitor, or remove any submitted materials, including through automated content filters and human moderation.

If regulated user-generated content (as defined in s. 55 of the UK Online Safety Act 2023) that you generate, upload, or share is removed from any of the Services, or access to it is restricted in violation of these terms, you have the right to bring proceedings for breach of contract.

Submission Guidelines:

You may not use MedSure’s Services to:

• Post any content that you do not have the legal right to use or that infringes on any third-party rights.

• Post content that is offensive, misleading, harmful, unlawful, or deceptive.

• Share personal, private, or confidential information belonging to others.

• Request personal information from a minor.

• Impersonate or misrepresent your identity or affiliation with any person or entity.

• Engage in spam, including unsolicited promotions, advertisements, or misleading information.

• Manipulate ratings or reviews, whether by offering incentives or posting fraudulent feedback.

• Engage in fraudulent, illegal, or manipulative activities through MedSure’s Services.

M. FAMILY SHARING

MedSure’s Family Sharing feature allows eligible members to share services and content within a designated group of up to six (6) people. The Family Sharing feature is managed by a Family Organizer, who must be at least eighteen (18) years old (or the legal age of majority in their region) and must be the parent or legal guardian of any members under thirteen (13) years old.

Purchase Sharing:

With Purchase Sharing, eligible digital content and subscriptions can be shared among Family members. The Family Organizer is responsible for all transactions made by Family members using the shared payment method.

The Family Organizer:

1. Agrees to pay for all purchases made by Family members unless they use store credit.

2. Acknowledges that transactions by Family members are authorized under their account.

3. Understands that purchases will be charged to their chosen payment method.

All Family members must use the same home country/region settings, and not all content is eligible for sharing. Some subscriptions, in-app purchases, and past purchases may be excluded from sharing.

Ask to Buy:

The Ask to Buy feature allows Family Organizers to approve or deny purchases made by Family members under eighteen (18) years old. This feature is enabled by default for Family members under thirteen (13) years old and remains active until manually deactivated by the Organizer.

• Content that was already shared or purchased using a content code is generally not subject to Ask to Buy.

• Once a Family member turns eighteen (18) years old, Ask to Buy cannot be re-enabled for them.

Family Member Changes:

When a Family member leaves or is removed, other members may lose access to shared content acquired by the former member. Any purchases made through the Organizer’s payment method remain tied to the Organizer’s account.

Family Sharing Rules:

• You can only belong to one (1) Family group at a time.

• You can switch Family groups no more than twice per year.

• You can change your MedSure account association only once every ninety (90) days.

• Some content (including certain in-app purchases and subscriptions) may not be eligible for sharing.

• Certain MedSure subscriptions, such as MedSure+, may automatically be enabled for Family Sharing, but individual usage rules may apply.

N. CONTENT PASSES

MedSure offers Series Pass and Multi-Pass options, allowing users to access ongoing digital content as new installments become available.

• A Series Pass applies to content with a limited number of episodes (e.g., a seasonal medical series or health-related documentary series).

• A Multi-Pass applies to content that is continuously updated (e.g., ongoing wellness videos or fitness programs).

Upon purchase, the full price of a Series Pass or Multi-Pass is charged upfront. New content is delivered automaticallyas it becomes available, and previously released content remains accessible for ninety (90) days after the last installment is made available.

If the content provider fails to deliver the expected number of installments under a Series Pass, MedSure will issue a refund or provide an equivalent credit based on the missing content.

Here’s the revised version of Section O tailored for MedSure, ensuring it aligns with a health and wellness app marketplace instead of just replacing Apple’s name.

O. ADDITIONAL MEDSURE APP STORE TERMS

LICENSE OF MEDSURE APP STORE CONTENT

App licenses are provided to you by MedSure or by a third-party developer (“App Provider”). MedSure operates the MedSure App Store as a platform for App Providers and acts as an agent in facilitating transactions. MedSure is not a party to the sales contract or user agreement between you and the App Provider unless explicitly stated.

If you are a customer of MedSure Digital Services Ltd., then that entity serves as the merchant of record, meaning you acquire the license from MedSure Digital Services Ltd., but the App remains licensed by the App Provider.

• An App licensed by MedSure is referred to as a “MedSure App”.

• An App licensed by a third-party developer is referred to as a “Third-Party App”.

Any App you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless MedSure or the App Provider provides an overriding custom license agreement (“Custom EULA”).

Subject to local law, the App Provider of any Third-Party App is solely responsible for its content, warranties, and any claims related to that App. You acknowledge that MedSure is a third-party beneficiary of the Standard EULA or Custom EULA for any Third-Party App and has the right to enforce it if necessary.

Certain Apps, such as health tracking widgets, digital prescription tools, or telemedicine plugins, may not appear on your device’s home screen but can be accessed through integrated MedSure applications.

IN-APP PURCHASES

Apps may offer digital content, premium services, or additional functionality for use within the App (“In-App Purchases”).

• Consumable In-App Purchases, such as virtual wellness credits or temporary access to premium features, cannot be transferred between devices and can only be downloaded once.

• Before making an In-App Purchase, you must authenticate your account by entering your password, using biometric verification (if enabled), or completing a secure authentication process.

• Unless you have enabled the setting requiring authentication for every purchase, additional In-App Purchases can be made for fifteen (15) minutes without re-authentication.

To disable In-App Purchases, follow MedSure’s support instructions at [MedSure Help Center URL].

APP MAINTENANCE AND SUPPORT

• MedSure is responsible for maintenance and support of MedSure Apps only, or as required under applicable law.

• App Providers are responsible for maintaining and supporting their Third-Party Apps.

If you experience issues with a Third-Party App, contact the App Provider’s customer support.

APP BUNDLES

Certain Apps may be sold as bundled packages (“App Bundles”).

• The price displayed for an App Bundle is the total price you will be charged at checkout.

• If you already own one or more Apps within a Bundle, the final price may be reduced, but a minimum charge may still apply to complete the purchase.

SEARCH RESULTS AND RANKINGS

MedSure ranks Apps in search results based on multiple factors, including:

• Metadata provided by App Providers (e.g., category, descriptions, keywords).

• Customer engagement, such as downloads, user ratings, and reviews.

• Relevance to health and wellness topics commonly searched by MedSure users.

These factors ensure that search results prioritize high-quality and relevant health-related applications.

LICENSED APPLICATION END USER LICENSE AGREEMENT (STANDARD EULA)

Apps made available through the MedSure App Store are licensed, not sold, to you. Your license to an App is subject to your prior acceptance of either:

1. This Standard EULA, or

2. A Custom EULA provided by the App Provider.

Your license to any MedSure App is granted by MedSure.

Your license to any Third-Party App is granted by the App Provider.

The App Provider or MedSure (“Licensor”) retains all rights not expressly granted under this Standard EULA.

a. Scope of License

Licensor grants you a non-transferable, limited license to use the Licensed Application on any MedSure-compatible devices you own or control, as permitted by MedSure’s Usage Rules.

You may not:

• Distribute, sublicense, or resell the Licensed Application.

• Modify, reverse-engineer, or create derivative works based on the Licensed Application.

• Share access to the App over a network where it could be used on multiple devices simultaneously.

If you sell or transfer your device, you must remove the Licensed Application before doing so.

b. Consent to Data Use

You agree that Licensor may collect and use technical data, including:

• Device specifications and operating system details.

• Application performance and usage data.

• Connectivity details (excluding personal identifiers).

This data is used solely to enhance user experience, improve security, and develop new features.

c. Termination

This Standard EULA remains in effect until terminated by either:

• You (by deleting the App and ceasing use).

• Licensor (if you fail to comply with its terms).

d. External Services

The Licensed Application may integrate with third-party services (“External Services”), such as:

• Telemedicine platforms

• Pharmacy integrations

• Health monitoring APIs

Licensor is not responsible for the accuracy, reliability, or security of External Services. Your use of External Services is at your own risk.

e. Warranty Disclaimer

Licensor provides the Licensed Application “as is”, without warranties beyond those required by applicable law.

Licensor does not guarantee:

1. Uninterrupted or error-free functionality.

2. Protection from data loss, viruses, or cyberattacks.

You are responsible for backing up your device and any stored data.

f. Limitation of Liability

Licensor is not liable for damages resulting from:

• Your misuse of the Licensed Application.

• Third-party service failures.

• Loss of income, data, or business related to App usage.

Licensor’s liability is only applicable in cases of fraud, gross negligence, willful misconduct, or personal injury caused by Licensor’s negligence.

g. Export Compliance

You may not export or re-export the Licensed Application:

• To countries under U.S. embargo.

• To individuals or entities on U.S. government restricted lists.

h. U.S. Government End Users

MedSure Apps are classified as “Commercial Computer Software” under U.S. federal regulations. U.S. Government users receive only the same rights as all other users under this Agreement.

i. Governing Law

• For users in the U.S., this Agreement is governed by the laws of the State of Delaware, excluding conflict of law provisions.

• For users in the European Union (EU), United Kingdom (UK), Switzerland, Norway, or Iceland, the governing law is that of the user’s country of residence.

The United Nations Convention on the International Sale of Goods does not apply.

Here’s a revised version of the terms, reoriented towards Medsure instead of Apple:

Q. ADDITIONAL MEDSURE TERMS

Medsure Health Data Sync

Medsure Health Data Sync is a feature that allows you to securely access and manage your health records, insurance details, prescriptions, and wellness data (“Medsure Health Data Content”) across your Medsure-enabled devices. This feature is enabled automatically when you set up your Medsure account. Medsure Health Data Sync collects information about your medical history and wellness data and associates it with your Medsure account to enhance your experience. Information that is not directly matched within the Medsure system may be securely stored in Medsure’s encrypted cloud servers in a format determined by Medsure.

You may store up to one hundred thousand (100,000) health records, prescriptions, or related documents. Certain records, such as those exceeding size limits or not authorized for digital storage, may not be eligible. Medsure logs certain interactions with your health data, such as access timestamps and updates to your medical history, to ensure compliance and security.

Medsure Health Data Sync is provided on an “AS IS” basis and may contain errors or inaccuracies. You are responsible for maintaining personal backups of your health information. If your Medsure membership ends, you will lose access to Medsure Health Data Sync, including uploaded health records.

R. ADDITIONAL MEDSURE WELLNESS TERMS

Medsure Wellness services are provided for informational and wellness purposes only and are not a substitute for professional medical advice. Always consult a licensed healthcare provider regarding any medical conditions, treatments, or health-related concerns.

S. INSURANCE MEMBERSHIP

Where available, you may be offered the option to purchase a Medsure membership through your insurance carrier (a “Carrier Membership”). If you purchase a Carrier Membership, your carrier will act as the merchant of record and will bill you for the cost of your Medsure membership. However, Medsure will remain the sole provider of the service.

Your purchase relationship with the carrier is governed by the carrier’s terms and conditions, and any billing disputes related to a Carrier Membership must be directed to your carrier, not Medsure. By using Medsure through a Carrier Membership, you agree that your insurance provider may exchange your account details, subscription status, and contact information with Medsure to manage your membership.

T. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES

DEFINITION OF MEDSURE

Depending on your location, “Medsure” refers to:

• Medsure Inc., located at 1681 Comstock Ave, for users in the United States, including Puerto Rico.

• Medsure International Ltd., located at 1681 Comstock Ave, for users in all other regions.

CONTRACT CHANGES

Medsure reserves the right to modify this Agreement at any time and may introduce additional terms or conditions. These modifications will be communicated to you, and your continued use of Medsure services will constitute acceptance of the changes. If you do not accept the updated terms, Medsure may terminate your access to its services.

THIRD-PARTY MATERIALS

Medsure is not responsible or liable for any third-party materials, links, or content accessed through its services.

USER SAFETY

Always seek the advice of a qualified healthcare professional regarding:

(a) The safety or advisability of any medical or wellness activity.

(b) Any specific medical condition, symptoms, or treatment options.

Medsure does not replace professional medical guidance and should not be used as a primary healthcare source.

INTELLECTUAL PROPERTY

You agree that all Medsure services, content, graphics, user interfaces, and software contain proprietary information and materials owned by Medsure and its licensors. This content is protected by applicable intellectual property laws. You may not reproduce, distribute, or exploit Medsure content in any way other than for personal, non-commercial use.

The Medsure name, logo, and associated trademarks are the property of Medsure Inc. You do not acquire any rights to these trademarks by using Medsure services.

COPYRIGHT

Unless otherwise noted, all Medsure services and content are protected by copyright laws.

If you believe any content within Medsure’s services infringes your copyright, you may submit a claim to:

Medsure Legal Department

1681 Comstock Ave, Los Angeles CA, 90024

Email: copyright@medsure.com

Medsure enforces a strict policy regarding copyright infringement and reserves the right to suspend or terminate accounts associated with repeated violations.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

a. Medsure provides its services with reasonable care and diligence but does not guarantee:

(i) Uninterrupted or error-free service. Medsure may temporarily suspend or modify services for operational reasons.

(ii) Protection against all data breaches, cyberattacks, or unauthorized access. Users are responsible for safeguarding their accounts and health data.

b. Medsure shall not be liable for:

(i) Any indirect, incidental, or consequential damages, including loss of income, business, or personal data.

(ii) Any health decisions made based on information provided through Medsure services.

c. Medsure will take reasonable efforts to protect user data, but Medsure is not responsible for unauthorized access due to user negligence or external factors beyond its control.

d. Nothing in this Agreement limits Medsure’s liability for fraud, gross negligence, or personal injury resulting from Medsure’s own misconduct.

GOVERNING LAW

This Agreement is governed by the laws of California, United States, without regard to conflict-of-law principles.

Users outside the U.S. may be subject to additional consumer protection laws in their respective countries.

OTHER PROVISIONS

This Agreement constitutes the entire agreement between you and Medsure. Additional terms may apply when using specific services, third-party content, or external integrations.

Medsure may notify you of changes or updates via email, in-app notifications, or postal mail.

By using Medsure services, you grant Medsure the right to take necessary actions to enforce compliance with this Agreement, including disclosing information to law enforcement or government agencies when required.

Last Updated: 02/13/2025

Medsure Sales and Support Terms of Service

THIS LEGAL AGREEMENT BETWEEN YOU AND MEDSURE GOVERNS YOUR USE OF THE MEDSURE.IOPLATFORM, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ACKNOWLEDGE THAT THESE TERMS APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

MedSure provides the Service, which enables you to utilize certain digital health services, including securely storing and accessing personal health-related content (such as medical records, prescriptions, appointments, and other healthcare-related data) on compatible devices and platforms. These services are made available only under the terms and conditions outlined in this Agreement.

I. REQUIREMENTS FOR USE OF THE SERVICE

A. Age and Eligibility

The Service is only available to individuals aged 18 years or older (or the legal age of consent for medical decisions in your jurisdiction), unless accessed under the supervision of a parent, legal guardian, or healthcare provider. MedSuredoes not knowingly collect, use, or disclose personal health information from minors without verifiable parental or guardian consent. Parents and guardians are responsible for monitoring their children’s use of the Service to ensure compliance with applicable laws and privacy protections.

To use the Service, you must not be a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction, including the country in which you reside or access the Service. By accepting this Agreement, you confirm that you meet these eligibility requirements.

B. Devices and Accounts

Accessing the Service may require compatible devices, an active internet connection, and specific software (fees may apply). MedSure reserves the right to limit the number of accounts that may be created from a single device and the number of devices associated with an account. Keeping your software up to date may be necessary to access certain features. It is your responsibility to meet these requirements.

C. Limitations on Use

You agree to use the Service only for lawful healthcare-related purposes and in compliance with HIPAA, GDPR, and other relevant medical data regulations. Your MedSure account may have storage limits as outlined in our feature pages. If your usage exceeds reasonable bandwidth or storage capacity, you may experience limitations in data uploads, access to new services, or disruptions in certain features. Repeated violations of storage limits or misuse of the Service may result in suspension or termination of your account.

If you are a healthcare provider, medical institution, or business associate (as defined under HIPAA and related regulations), you agree not to use the Service to store, transmit, or process protected health information (PHI) without appropriate agreements in place.

D. Availability of the Service

The Service may not be available in all languages, regions, or jurisdictions, and MedSure makes no guarantee that its features will be accessible or legally compliant in all locations. By choosing to access the Service, you acknowledge that you are responsible for compliance with local laws regarding health data and digital healthcare services.

E. Modifications to the Service

MedSure reserves the right to modify, update, or discontinue the Service at any time. If we make a material adverse change to the Service, we will provide 30 days’ advance notice, except in cases where changes are necessary to comply with legal, regulatory, security, or technical requirements. If you have a paid subscription to MedSure+, we will not introduce material adverse changes before the end of your current billing cycle unless required by law. In such cases, you will have the right to terminate your account and receive a pro-rata refund for any pre-paid services.

II. FEATURES AND SERVICES

A. Secure Health Data Storage

1. Health Record Syncing – When enabled, your medical records, prescriptions, test results, and related health data will be securely stored in MedSure Cloud and synced across your authorized devices.

2. Shared Health Profiles – You may grant healthcare providers, caregivers, or family members limited access to specific health records. MedSure allows you to manage these permissions and revoke access at any time.

B. Secure File and Document Sharing

1. Encrypted Sharing – When you share medical files, appointment records, or insurance documents, they will be stored securely and accessible only to recipients with appropriate permissions.

2. Revoking Access – You can stop sharing files at any time. However, any files previously downloaded or copied will remain accessible on the recipient’s device.

C. Third-Party App Integration

If you sign in to third-party healthcare apps using your MedSure credentials, you consent to allow those apps to store relevant medical data in your MedSure account. MedSure is not responsible for how third-party apps handle your data, and their usage will be subject to their respective privacy policies.

III. DATA PRIVACY AND SECURITY

Your use of the Service is subject to MedSure’s Privacy Policy, which outlines how we collect, store, and protect your health-related data. MedSure adheres to strict security protocols, including HIPAA-compliant encryption and multi-factor authentication for account access.

If unauthorized access to your MedSure account is detected, we may temporarily suspend access to protect your data. You are responsible for keeping your login credentials secure and reporting any suspicious activity immediately.

D. Third-Party Apps

If you sign in to certain third-party medical apps with your Medsure credentials, you agree to allow that app to store data in your personal Medsure account and for Medsure to collect, store, and process such data on behalf of the relevant third-party app developer in association with your use of the Service and such apps. The data that the app stores in your personal Medsure account will count towards your storage limit. Such data may be shared with another app that you download from the same app developer.

E. Family Health Sharing

With Family Health Sharing, you can share certain purchased medical services and Medsure subscriptions with members of your family. You may also share certain health-related information such as medical history, test results, health records, fitness tracking, and appointment schedules, depending on what your family chooses to share. You may also share certain subscriptions and in-app purchases from third parties. For more information regarding sharing your Medsure subscriptions, please see the Medsure Health Services Terms and Conditions.

F. Medsure Web-Only Account

If you sign up for the Service with a web-only account on a non-Medsure-branded device or computer, you will have access to only a limited set of Service functionality. You will receive 1 GB of free storage for medical records and other health-related data, and you will not be able to increase this amount with a web-only account. As a condition of accessing the Service with a web-only account, you agree to all relevant terms and conditions, including limitations on use, service availability, and disclaimers of warranties. Certain features, such as location-based medical services and paid storage upgrades, will not be available for web-only users. If you later sign into your web-only account from a Medsure-supported device, Medsure may automatically upgrade your account to full functionality. If you do not wish to have a full Medsure account, do not sign in to your web-only account from a Medsure-supported device.

G. Medsure+

Medsure+ is a premium subscription that includes additional medical data storage and certain premium features. Depending on the requirements of your location, you or a member of your Family Health Sharing group may access some or all of the following Medsure+ features:

1. Private Health Relay

Private Health Relay allows you to securely connect to and exchange medical data with healthcare providers by encrypting your health records and communications. Some platforms may not function as expected when Private Health Relay is enabled. You can enable or disable Private Health Relay from Medsure settings at any time.

2. Hide My Health ID

Hide My Health ID allows you to generate unique, random identifiers for medical services that forward to your main Medsure profile. Medsure reserves the right to limit the number of IDs available under this feature or terminate an alias if it violates terms of use.

3. Medsure Secure Video

Medsure Secure Video allows you to securely store video consultations with healthcare professionals in Medsure and access them remotely. This requires a compatible Medsure+ plan and supported devices.

4. Custom Health Domains

You can personalize your Medsure email for health-related correspondence using a custom domain. Each person can have up to three email addresses per domain. Stored health-related emails count toward your Medsure storage limit. If you run out of space, you will not receive new emails until you free up storage. Medsure reserves the right to refuse a custom domain if it is deemed unlawful, offensive, or otherwise inappropriate.

Some Medsure+ features may not be available in all regions.

H. Two-Factor Authentication and Autodialed Calls/Texts

If you enable Two-Factor Authentication for your Medsure account, you consent to (a) provide Medsure with at least one phone number and (b) receive automated calls or texts for authentication and security purposes. These may include notifications for account sign-ins, password recovery, or compliance with Medsure policies.

I. Help with Account Recovery

You can designate one or more trusted contacts to help you regain access to your Medsure account in case you forget your credentials. The recovery contact must be at least 13 years old (or the equivalent minimum age in your region), have a Medsure account, two-factor authentication enabled, and a Medsure-compatible device. They will not have direct access to your account. It is your responsibility to keep your recovery contacts up to date.

J. Advanced Health Data Protection

Advanced Health Data Protection allows you to enable end-to-end encryption for additional categories of medical data, including your Medsure backups, electronic health records, test results, and doctor’s notes. To enable this feature, you must have two-factor authentication enabled and a trusted device with a passcode or password. You will also need a recovery key or a designated account recovery contact. If you lose access to your account, Medsure will not be able to recover encrypted data. Managed Medsure accounts and child accounts are ineligible for this feature. You can disable Advanced Health Data Protection at any time.

K. Security Keys

Security Keys require you to use a physical security key to sign into your Medsure account. This requires two-factor authentication and a FIDO-certified third-party security key. If you lose all your security keys and trusted devices, you will permanently lose access to your account. Medsure will not be able to help you regain access in such cases. Managed Medsure accounts and child accounts are ineligible for Security Keys.

L. Digital Health Legacy

With Digital Health Legacy, you can choose one or more trusted contacts to access and download certain health data from your account after your death. If your designated contacts provide proof of death and have the required key, they will gain access to authorized medical records, and activation lock will be removed from your Medsure-linked devices. It is your responsibility to keep your Digital Health Legacy contacts updated.

M. Use of Location-Based Services

Medsure and its partners may provide certain medical features that rely on location data using GPS, Wi-Fi, and cell towers. These services may include finding nearby medical centers, connecting with emergency services, and accessing location-based health insights. To use these features, Medsure and its partners may collect, use, transmit, and store your location data, device ID, and account details.

You may withdraw consent for location-based features by disabling them in your device settings. If you use third-party apps that access location data through Medsure, you should review their privacy policies. Medsure does not guarantee the accuracy, completeness, or reliability of location data and is not responsible for any consequences arising from errors or delays. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY MEDICAL LOCATOR SYSTEM.

N. Find My

When you enable Medsure Cloud and Location Services on a device running MedsureOS or a compatible operating system, Find My will be automatically enabled on that device and any Medsure-connected medical accessories. Once enabled, your device will be automatically linked to your Medsure Account, and your Medsure Account password will be required before anyone (including you) can turn off Find My, sign out of Medsure Cloud, erase, or activate the device.

Medsure and its authorized agents may not perform hardware or software support services, including those under Medsure’s limited warranty, unless you disable Find My before service. Medsure is not responsible for your failure to protect your Medsure device with a passcode, enable Lost Mode, and/or respond to notices and communications. Medsure shall not be liable for returning your Medsure device to you or for any loss of medical or personal data on your device.

Find My Network is a secure, crowdsourced feature that helps you and others locate missing medical devices even when they are not connected to the internet. If Find My Network is enabled, the device can detect the presence of nearby offline devices via Bluetooth or similar technologies. If a device detects a missing offline device, it will use Wi-Fi or cellular connections to securely report the approximate location back to the Medsure Account associated with the lost device, allowing the owner to view its location in the Find My app. Location reporting is end-to-end encrypted, meaning Medsure cannot view the location of the reporting or missing device. You may disable Find My Network in Settings at any time.

O. Backup

Medsure Cloud Backup automatically creates encrypted backups for Medsure devices, including medical records, prescriptions, device settings, and health app data, when the device is locked, connected to power, and connected to the internet via a secure network.

If a device has not backed up to Medsure Cloud for 180 days, Medsure reserves the right to delete any associated backups. Backup may include:

• Device settings

• Device characteristics

• Medical records and health app data

• Messages, ringtones, and other app data

The following content is not included in your Medsure Cloud Backup:

• Content purchased from third-party stores

• Media synced from external sources

• Any data that is stored externally

Medsure will use reasonable skill and due care to provide secure and reliable backup services, but TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MEDSURE DOES NOT GUARANTEE THAT CONTENT STORED OR ACCESSED THROUGH THE SERVICE WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL.

It is your responsibility to maintain an additional backup of important medical data to prevent loss in case of unexpected system failures.

III. SUBSCRIPTION UPGRADES

Medsure offers Medsure+ Subscription plans for users requiring additional cloud storage and medical data management features.

A. Payment

By upgrading to Medsure+, you agree that Medsure will automatically charge your chosen payment method on a recurring basis for your selected plan, including applicable taxes. For details on plans and pricing, visit Medsure Support.

If you are a Family Organizer, you agree to allow Medsure to charge your payment method for any members of your Family Plan who upgrade their storage. Medsure may obtain preapproval for an amount up to the transaction total and may periodically contact you via email for billing reminders and subscription-related communications.

To change your subscription, visit the Medsure Cloud settings on your device.

• Upgrades take effect immediately

• Downgrades take effect at the next billing cycle

YOU ARE RESPONSIBLE FOR TIMELY PAYMENTS AND PROVIDING VALID PAYMENT INFORMATION. If Medsure cannot charge your payment method, Medsure reserves the right to:

• Restrict or revoke access to your stored medical data

• Delete stored content

• Terminate your Medsure Account

B. Right of Withdrawal

If you cancel your Medsure+ subscription within 14 days of purchase, you may request a refund by contacting Medsure Support.

If you have exceeded your 5GB free storage limit at the time of cancellation, you must reduce your stored data before you can create new backups or use certain services. Refunds will be processed within 14 days using the same payment method you used for the transaction.

IV. YOUR USE OF THE SERVICE

A. Your Medsure Account

As a Medsure Cloud user, you must create a Medsure Account and protect your login credentials. Medsure is not responsible for any unauthorized access due to weak passwords or failure to secure your account information.

By using the service, you agree to:

• Provide accurate and up-to-date information

• Keep your account credentials confidential

• Notify Medsure Support immediately if you detect unauthorized access

Failure to provide accurate information may result in suspension or termination of your account.

V. CONTENT AND YOUR CONDUCT

A. Content

“Content” includes any medical records, health data, documents, messages, images, or other files stored or accessed through Medsure Cloud. You are solely responsible for the content you upload, store, or share.

Medsure does not control or monitor content but reserves the right to remove content that:

• Violates any laws or regulations

• Is deemed harmful, offensive, or abusive

• Poses a threat to medical privacy and security

B. Prohibited Conduct

You must not use Medsure Cloud to:

1. Store, share, or distribute fraudulent, false, or misleading medical information

2. Violate patient confidentiality laws (e.g., HIPAA, GDPR, or other applicable regulations)

3. Upload or store malicious software, viruses, or other harmful content

4. Impersonate medical professionals or misrepresent medical data

5. Engage in unauthorized data collection, surveillance, or data scraping

6. Upload offensive, threatening, or abusive content

Medsure may take action, including account suspension or termination, for violations of these policies.

C. Copyright Notice – DMCA

If you believe any content on Medsure Cloud infringes on your copyright, please contact Medsure’s Copyright Agentvia Medsure Legal. Medsure may suspend or terminate accounts of repeat infringers.

D. Backup Responsibility

It is your responsibility to maintain an external backup of any critical medical records stored in Medsure Cloud. Medsure does not guarantee that stored data will always be retrievable.

E. Compliance and Security

Medsure may access, store, and disclose your account information and content if required by:

• Law enforcement

• Regulatory authorities

• Legal obligations (e.g., subpoenas, investigations)

All data stored in Medsure Cloud is encrypted, and Medsure adheres to strict data protection laws to ensure the security of your personal and medical information.

H. Content Submitted or Made Available by You on the Service

1. License from You

Except for material that we may license to you, Medsure does not claim ownership of any materials or content you submit or make available through the service. However, by submitting or posting such content in areas of the service that are accessible by the public or other users with whom you consent to share such content, you grant Medsure a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content solely for the purpose for which it was submitted or made available—without any compensation or obligation to you. You agree that any content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party, violate any laws, contribute to or encourage unlawful conduct, or be misleading, medically inaccurate, or inappropriate. By submitting or posting such content, you represent that you are the owner of such material or have all necessary rights, licenses, and authorization to distribute it.

2. Changes to Content

To provide the service and make your content available, Medsure may transmit it across various networks, in various formats, and may modify or adjust it to meet technical requirements for connectivity or compatibility with different devices. You agree that the license granted herein permits Medsure to take such actions as needed.

3. Trademark Information

Medsure, the Medsure logo, and other Medsure trademarks, service marks, graphics, and logos used in connection with the service are trademarks or registered trademarks of Medsure Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the service may belong to their respective owners. You are granted no rights or license to use these trademarks, and you agree not to remove, obscure, or alter any proprietary notices, including trademark and copyright notices, within the service.

VI. Software

A. Medsure’s Proprietary Rights

You acknowledge and agree that Medsure and/or its licensors own all legal rights, titles, and interests in and to the service, including but not limited to the platform interface, data processing algorithms, AI-driven healthcare tools, and any software provided as part of the service. This includes any and all intellectual property rights, whether registered or not. You further agree that the service contains proprietary and confidential information protected by applicable intellectual property laws, including copyright protections. You may not use such proprietary materials for any purpose other than those permitted by this agreement.

B. License from Medsure

The use of Medsure software, applications, or any part of the service outside of what is explicitly allowed in this agreement is strictly prohibited and may infringe intellectual property rights, subjecting you to potential civil and criminal liability, including monetary damages for copyright infringement.

C. Public Beta

At times, Medsure may offer new or updated features of the service (the Beta Features) as part of a Public Beta Program for the purpose of gathering feedback on usability and performance. Participation is voluntary, does not establish any employment or contractual relationship with Medsure, and Medsure has no obligation to provide Beta Features or future versions of them. Medsure may collect and analyze data from your use of the Beta Features to improve the service. You acknowledge that Beta Features may contain errors, and Medsure strongly advises that you back up all data before using them. Participation is at your own risk.

D. Compliance with Healthcare Regulations and Export Control

Use of the service, including transferring, posting, or uploading medical data, may be subject to healthcare laws such as HIPAA (Health Insurance Portability and Accountability Act) or other applicable regulations. You agree to comply with all healthcare and data privacy laws. Additionally, Medsure software and services may be subject to U.S. export control laws, and you may not use them for prohibited purposes, such as the development of restricted medical technologies.

E. Updates

From time to time, Medsure may release software updates, including security patches, feature enhancements, or entirely new versions. You acknowledge that such updates may be automatically installed on your device to ensure optimal service performance.

VII. Termination

A. Voluntary Termination by You

You may delete your Medsure account and discontinue using the service at any time. If you wish to stop using the Medsure platform, you may disable your account by adjusting settings or contacting Medsure Support at support@medsure.io. Terminating your account may result in loss of access to associated services, including electronic health records, personalized treatment data, and physician consultations. Fees paid prior to termination are nonrefundable.

B. Termination by Medsure

Medsure may terminate or suspend all or part of your account at any time without prior notice if:

1. You violate this agreement or any policies referenced herein.

2. You request to cancel your account.

3. A legal or regulatory authority requires termination.

4. The service is found to be unlawful in your region.

5. Technical, security, or operational issues require discontinuation.

6. You engage in fraudulent, misleading, or illegal activities.

If your account remains inactive for more than one year, Medsure may terminate it with 30 days’ prior notice via email. In cases where the service is discontinued, Medsure may provide a pro-rata refund for prepaid fees.

C. Effects of Termination

Upon termination, you may lose access to Medsure services, including stored medical data, appointment history, and communications with healthcare providers. After termination, Medsure reserves the right to delete your stored information.

VIII. Links and Third-Party Materials

The service may contain content or links to third-party medical resources, including healthcare providers, insurers, or research databases. Medsure does not endorse or guarantee the accuracy of third-party materials and is not responsible for any outcomes resulting from reliance on such information.

IX. Disclaimer of Warranties; Limitation of Liability

A. Disclaimer of Warranties

Medsure provides the service on an “as is” and “as available” basis. While we strive for accuracy and reliability, we do not guarantee that the service will be uninterrupted, error-free, or that medical information obtained will always be accurate. You acknowledge that the service is intended to assist with medical decision-making but should not be used as a sole substitute for professional medical advice, diagnosis, or treatment.

B. Limitation of Liability

To the extent permitted by law, Medsure and its affiliates shall not be liable for:

• Medical decisions made based on Medsure-provided information.

• Service disruptions, data loss, or inaccuracies.

• Unauthorized access to or alteration of your medical data.

• Any indirect, incidental, or consequential damages resulting from service use.

C. Indemnification

You agree to indemnify and hold Medsure, its employees, affiliates, and partners harmless from any claims, damages, or liabilities arising from:

• Your use of the service.

• Any content you submit.

• Any violation of this agreement or applicable healthcare laws.

This obligation survives account termination.

By using Medsure, you agree to these terms. If you have questions, contact Medsure Support at support@medsure.io

A. Notices

Medsure may provide you with notices regarding the Service, including changes to this Agreement, by email to your registered email address (and/or other alternate email address associated with your account if provided), SMS, postal mail, or by postings on our website and/or within the Service.

If you are located in India, pursuant to “The Information Technology (Guidelines for Intermediaries) Rules, 2021,” please refer your grievance/complaint to the following grievance officer:

For matters relevant under the “Intermediary Guidelines”:

Grievance Officer: Nikhil Pai

Webform: Medsure.co/IndiaGrievanceIntermediaries

Important Note:

Please note that only grievances falling within the Information Technology (Intermediary Guidelines) Rules, 2021, pertaining to Medsure’s services, will be addressed via the links to the grievance officer webform.

B. Governing Law

Except as otherwise expressly provided in the following paragraph, this Agreement and the relationship between you and Medsure shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Medsure agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California, to resolve any dispute or claim arising from this Agreement.

If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province, or country identified below whose law governs:

• If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

• If you are a citizen of Japan, the governing law shall be Japanese law, and the forum shall be Tokyo, Japan.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

C. Entire Agreement

This Agreement constitutes the entire agreement between you and Medsure, governs your use of the Service, and completely replaces any prior agreements between you and Medsure related to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement 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. The failure of Medsure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

D. “Medsure” as used herein means:

• Medsure Health Services, Inc., located at 1681 Comstock Ave, Los Angeles California, for users in the United States, including Puerto Rico;

E. ELECTRONIC CONTRACTING

Your use of the Service includes the ability to enter into agreements and/or make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

F. Privacy

Your use of the Service is subject to Medsure’s Privacy Policy, which is available at www.medsure.io/privacy.

G. Medsure Acting on Your Behalf

By using the Service, you grant Medsure explicit and comprehensive permission to act on your behalf with pharmacies, insurance providers, medical institutions, healthcare providers, and any other third parties, as necessary to facilitate your healthcare, insurance, and related needs. This authorization includes, but is not limited to, making inquiries, submitting requests for services, processing insurance claims, submitting documentation, accessing medical records, and facilitating treatment and service delivery related to your healthcare and insurance coverage.

You acknowledge that Medsure may need to collect, use, and share your Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA), and that such actions are necessary to fulfill the purpose of this Service. You further consent to Medsure communicating and interacting with third parties on your behalf regarding all healthcare and insurance matters, including but not limited to authorizing and processing transactions related to medical treatments, prescriptions, and claims, while fully complying with applicable privacy laws, including HIPAA.

In addition, you agree that if any action taken on your behalf is not explicitly mentioned in this Agreement, it shall be assumed to be included within the scope of this authorization. You recognize and agree that Medsure is authorized to take any actions necessary to manage your healthcare and insurance-related needs as if you were acting on your own behalf, subject to applicable law.

You hereby indemnify, defend, and hold Medsure, its employees, officers, directors, affiliates, agents, partners, and contractors harmless from any and all claims, damages, liabilities, losses, or expenses (including, but not limited to, attorneys’ fees) arising from your use of the Service, any content you submit or make available through the Service, any violation of this Agreement or applicable healthcare laws, or any breach of confidentiality or privacy obligations related to your healthcare or insurance information. This indemnification obligation shall survive the termination of your account and the cessation of your use of the Service.

II. Use of Protected Health Information (PHI) in Legal Defense (collectively, the “PHI”)

1. Right to Use PHI: You expressly grant Medsure the right to use your Protected Health Information (PHI), including but not limited to medical diagnoses, doctor’s notes, treatment records, and any other health-related data, in any legal defense or proceedings, whether initiated by you, Medsure, or a third party.

2. Defense in Legal Actions: In any legal action, lawsuit, or claim involving Medsure, you agree that Medsure may use your PHI as part of its defense to assert any rights, counterclaims, or to protect its interests. This includes, but is not limited to, using your medical records and doctor’s notes to support Medsure’s position or defense.

3. No Limitation on Use: You understand that this includes the right of Medsure to use your PHI in court, arbitration, or other legal processes to demonstrate and assert its case against you or any other parties involved in the legal matter. Medsure is not limited by this Agreement in how it uses your PHI to defend itself.

4. Consent to Use: You acknowledge and consent that Medsure’s use of your PHI in legal defense may include sharing, presenting, or making your health information available to courts, legal representatives, and other parties involved in the proceedings.

5. Indemnification and Liability: You agree to indemnify and hold Medsure harmless from any claims, damages, or liabilities arising from Medsure’s use of your PHI in legal proceedings, including legal fees and costs associated with defending such claims.

This section clarifies that Medsure can use your PHI, including doctor’s notes, in legal defense without limitation. Let me know if you need further adjustments!

Last Updated by the MedSure Legal Team on 02/24/2025.