Terms of Use

Acceptance of Terms

The services that EverEx RTM provides to you are subject to the following Terms of Use(“TOU”).

Please read the following terms carefully. Your use of the services provided by EverEx RTM is understood to be an acknowledgment and agreement that you have read, understood, and agree to be bound by the following terms and conditions, including the Privacy Policy and other supplemental notices provided to you that can be found at the bottom of our Web pages (collectively referred to as the “Terms”). If you do not agree to the Terms, or are not eligible, you do not have our permission to use EverEx RTM’s Service.

EverEx RTM reserves the right to modify and update the Terms at any time without notice to you. The most current version of the TOU can be found at the bottom of our Web pages under the hypertext link “Terms of Use”. The current and last updated TOU will be posted at the top of this page. You agree to the terms of such new version of the TOU by using the Service after a new version has been posted.

Description of Service

EverEx RTM provides you with access to a variety of resources, including the ability to prescribe exercises, register and manage patients, monitor patients’ rehabilitation progress, manage exercise library, and manage remote therapeutic monitoring codes billing through a EverEx RTM online platform and associated mobile applications (collectively referred to as the “Service”). The Service is not a substitute for a healthcare provider’s professional judgment in diagnosing and treating patients. You will use your own professional judgment and the reliance upon the Service by you or any of your authorized users is solely at your and their own risk. You are responsible for verifying the accuracy of the information provided through the Service and you acknowledge and agree that EverEx RTM is in no way responsible for the use of any information contained in connection with the Service. You are solely responsible and liable for your treatment of patients, including any and all responsibility for personal or psychological injury or death.

Ownership

All content included in or made available through the Service, such as graphics, logos, icons, text, images, music, sounds, digital downloads, data compilation, software, and documents is the exclusive property of EverEx RTM or its content suppliers and is protected by the various applicable copyright, trademark, patent, other intellectual property and unfair competition laws, and other applicable laws in the United States and internationally. All rights not expressly granted to you in this TOU are reserved and retained by EverEx RTM or its licensors, suppliers, publishers, rightsholders, or other content providers.

Additionally, the copyright to any content generated and uploaded to the Services by you (“Member-generated Content”) vests in you exclusively. You are solely liable for any Member-generated Content you upload to the Services. If any Member-generated Content uploaded by you infringes on the copyright or intellectual property rights of a third party, you will indemnify and hold harmless EverEx RTM from and against all claims, and any and all losses, liabilities, damages, deficiencies, penalties, costs, and expenses arising from or relating to such infringement.

User Account, Password, and Security

Should the Service require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password, user name, and account of your choosing. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify EverEx RTM immediately of any unauthorized use of your account or any other breach of security. You may not use anyone else's account at any time. EverEx RTM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by EverEx RTM or another party due to someone else using your account or password.

Your acceptance of the Terms is binding on your behalf and on behalf of the organization by which you are employed or engaged and for whose benefit you are using the Service. “You”, throughout these Terms, shall mean the individual using the Service and the organization on whose behalf the individual is using the Service.

Responsibility of Users

You are entirely responsible for all diagnoses, and prescriptions, and you ensure that all diagnoses, and prescriptions are carried-out by a healthcare provider. It is your responsibility to obtain, maintain, operate, and keep safe necessary hardware, software, or other equipment for use of the Service provided by EverEx RTM. EverEx RTM and its affiliates shall not be held responsible or liable for any interruption, both short-lived and prolonged, of the Service or for loss of data.

No Unlawful or Prohibited Use

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not attempt to obtain or obtain any materials or information through any means not intentionally made available through the EverEx RTM Service. You may not attempt to copy or change, alter, modify the Service or these TOU. You may not use the Service in any manner that could damage, disable, overburden, or impair any EverEx RTM server, or the network(s) connected to any EverEx RTM server, or interfere with any other party's use and enjoyment of any Service. You may not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any EverEx RTM server or to any Service, through password mining, hacking or any other means.

Materials Provided to EverEx RTM

EverEx RTM does not claim ownership of the materials you provide to EverEx RTM or submit, upload, or post to the Service, including any Member-generated Contents, (collectively, “Submission(s)”) for review by the general public. However, by providing, submitting, uploading or posting ("Posting") your Submission you are granting EverEx RTM, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their services, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and the right to sublicense such rights to any supplier of the services.

No compensation will be paid with respect to the use of your Submission, as provided herein. EverEx RTM may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Claims of Copyright Infringement

Please direct notifications of claimed copyright infringements to support@everex.ai. Please include a description of the work that is allegedly being infringed, and where on the EverEx RTM Service the work may be found.

Linking to EverEx RTM

EverEx RTM’s Service may include links providing direct access to other Internet sites. The linked sites are not under the control of EverEx RTM and EverEx RTM is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. EverEx RTM provides no warranties and explicitly disclaims any liability for any content or other information provided on other sites. Linking to EverEx RTM must not improperly connote an affiliation with or an endorsement by EverEx RTM, or otherwise interfere with the operation of the EverEx RTM Service.

Notifications and Other Communications

Based on our analysis of your data, EverEx RTM may present you with notifications, links to additional information, or suggested actions. EverEx RTM makes no representations or warranties about the accuracy, reliability, or timeliness of any such notifications. You accept that any reliance on these notifications will be at your own risk. EverEx RTM may send notifications for Service-related or marketing purposes, provided that you have consented to the Terms. Notifications to your mobile devices may be turned off through your Application settings.

You may receive email, and SMS from or on behalf of EverEx RTM. The communications may be in relation to information you requested from EverEx RTM, for login and password information, information relating to programs assigned to patients, updates to the Terms, and communications between healthcare providers and patients.

You can unsubscribe from marketing emails from us by following the unsubscribe options in the marketing email. You understand and agree that you may continue to receive communications while EverEx RTM processes your request to unsubscribe, and to confirm the receipt of your request to unsubscribe.

Termination of Use

You may terminate your account and your use of EverEx RTM’s Service at any time..

EverEx RTM reserves the right to terminate, or restrict your access to or use of the EverEx RTM Service for any breach or violation of any Terms, solely at the discretion of EverEx RTM.

EverEx RTM reserves the right to modify or discontinue parts or all of the Service at any time without notice to you. To the fullest extent permitted under applicable law, EverEx RTM will have no liability whatsoever regarding any changes to the Service or any suspension or termination of your access to or use of the Service.

HIPAA

EverEx RTM is a “business associate” as defined in 45 C.F.R. § 160.103. You have entered into a Business Associate Agreement (“BAA”) with EverEx RTM, and you acknowledge that EverEx RTM, and any sub-businesses associates working on EverEx RTM’s behalf, may use and disclose patient information in order to provide Service, meet legal obligations, and as otherwise permitted by the BAA and the Terms. Should patient information be exported in a file, printed out, or otherwise downloaded, you acknowledge that it exceeds the scope of EverEx RTM’s Service and that EverEx RTM bears no responsibility for the use and protection of said information. You are fully aware that the patient information available to you by EverEx RTM’s Service cannot be treated as a substitute for your electronic medical record system.

Remote Therapeutic Monitoring

Use of EverEx RTM’s Service may be eligible for reimbursement under the Remote Therapeutic Monitoring (RTM) treatment management service codes, subject to payer specific coverage policies. EverEx RTM does not intend to, or give reimbursement advice, and EverEx RTM does not guarantee, warrant, or make any representation as to whether EverEx RTM’s Service is available for reimbursement by any government or commercial healthcare program. You are responsible for reviewing and confirming the availability of reimbursement for your use of EverEx RTM’s Service. Please keep in mind that the regulations and laws on RTM are subject to change.

Third Parties

EverEx RTM may engage with third parties to provide you with the best version of the Service. You consent to EverEx RTM’s engagement of third parties to provide all or any portion of the EverEx RTM Service.

EverEx RTM’s Service may provide direct access to third-party services that allow for video chats, and phone calls. The services provided by third parties are not under the control of EverEx RTM and EverEx RTM is not responsible for any privacy risks associated with the use of those services.

Indemnity

To the fullest extent permitted under applicable law, you are responsible for your use of the Service. You agree to indemnify and hold harmless EverEx RTM and its affiliates, directors, officers, employees, agents, and representatives from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Your use of the Service, including but not limited to any content you submit, post, or transmit through the Service.

2. Your violation of any laws, regulations, or rights of any third party.

3. Any breach of these TOU or any other agreements or policies governing the use of the Service.

4. Any claim or allegation that any content you provide infringes or violates the rights of a third party, including but not limited to intellectual property rights.

5. Any interactions or transactions between you and any other users or third parties through the Service.

This indemnification will survive the termination or expiration of your use of the Service.

Disclaimers

The Service and all materials, products, and content available through the Service are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied.

EverEx RTM disclaims, and you hereby expressly waive, all warranties of any kind, whether express, implied, or statutory, relating to the Service and all content available through the Service, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; any warranty as to whether the communications data or other information available through the Service is true, complete, or accurate; and any warranty arising out of course of dealing, usage, or trade.

EverEx RTM does not warrant that the Service will be uninterrupted, secure, or error-free, virus-free, or free from other harmful components, and do not warrant that any of those issues will be resolved.

Limitation of Liability

In no event shall EverEx RTM and/or its respective affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of content, software, documents, provision of or failure to provide Service, or information available from the Service.

Privacy and Protection of Personal Information

You can find the relevant information in our Privacy Policy, Cookie Notice, and supplemental notices that may apply to you if you are a resident of California or the European Union/European Economic Area. All the documents combined constitute the entirety of EverEx RTM’s privacy policy, and will apply to our usage of your data, so please make sure you read and understand them as well.

Force Majeure

EverEx RTM shall not be held liable for any failure or delay in performing its obligations under the TOU, including the provision of services, if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, labor disputes, natural disasters, quarantines, embargoes, unauthorized access to EverEx RTM’s information technology systems, power outages, or interruptions in internet or telecommunications services ("Force Majeure Event"). In the event of a Force Majeure Event, EverEx RTM’s obligations under the TOU shall be suspended to the extent affected by the Force Majeure Event. EverEx RTM's liability for any failure or delay resulting from a Force Majeure Event shall be limited and excluded to the fullest extent permitted under applicable law. If a Force Majeure Event continues for a period of 90 days or more, EverEx RTM may terminate these Terms of Use by providing written notice to you. Such termination shall be without prejudice to any rights or obligations accrued prior to the termination. EverEx RTM shall make reasonable efforts to mitigate the impact of the Force Majeure Event and resume its obligations as soon as reasonably practicable. Notwithstanding any provision to the contrary in the TOU, a Force Majeure Event shall not relieve you from any payment obligations owed to EverEx RTM unless expressly stated otherwise.

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof (“Disputes”), shall be exclusively governed by and construed under the laws of the State of California, U.S.A., without giving effect to its conflicts of laws principles. Any and all such Disputes will be brought in the federal or state courts located in the State of California. Each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Each party knowingly and irrevocably waives any right to a trial by jury in any legal suit, action, or proceeding arising out of or relating to these Terms of Use.

Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This does not prevent either party from participating in a class-wide settlement of claims.

The prevailing party in any suit, action or proceeding will be entitled to recover its reasonable legal fees and costs and expenses from the other party.

This dispute resolution clause shall survive the termination or expiration of these Terms of Use.

Assignability

You may not assign the rights and obligations under this TOU to any third party or person without prior written consent.

Successors

This TOU shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Severability

Should any term, clause, or provision contained in the Terms be held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Terms.

Survivability

The ownership provision set forth in this TOU, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of these Terms and any obligations hereunder.

Contact Information

Questions, comments, and requests regarding the TOU are welcomed and should be addressed to:

EverEx USA, Inc.

3003 North 1st Street, Suite 221

San Jose, CA 95134

support@everex.ai