Platform Terms for Providers and Provider Organizations (U.S.)
Effective Date: April 15, 2026
APPLICABILITY; NO DIRECT CONTRACT IN CERTAIN ACCESS FRAMEWORKS: These Provider Terms do not create a separate direct contract between myoncare Inc. and any healthcare provider, clinician, staff member, or other authorized user who is granted access to the Platform Services solely through an authorized contractual, organizational, or service-delivery framework established by a third party. In such cases, access to and use of the Platform Services shall be governed exclusively by the applicable upstream contractual and compliance framework through which access is provided, and these Provider Terms shall apply only to the extent expressly incorporated therein. To the extent of any conflict, the applicable upstream contractual and compliance framework shall prevail.
These Platform Terms for Providers and Provider Organizations (these “Provider Terms”) form a binding agreement between myoncare Inc., a Delaware corporation (“myoncare,” “we,” “us,” or “our”), and the healthcare provider, provider organization, clinic, medical group, hospital, practice, wellness organization, prevention program operator, or other professional or entity that accepts these Provider Terms (“Provider,” “you,” or “your”).
These Provider Terms govern your access to and use of the myoncare platform, including all associated dashboards, administrative consoles, mobile or web interfaces, APIs, messaging tools, Pathways, reports, device and laboratory integrations, support tools, content libraries, OCR-enabled document processing, monitoring features, and related services that we make available (collectively, the ‘Platform Services’). The Platform Services are operated by myoncare Inc. in the United States. myoncare Inc. remains the sole U.S.-facing provider of the Platform Services and the sole contractual counterparty to Provider under these Provider Terms
1.1 These Provider Terms apply to your access to and use of the Platform Services and to the access and use of the Platform Services by your personnel, contractors, clinicians, staff members, and other authorized users acting on your behalf (“Authorized Users”).
1.2 These Provider Terms are intended to function together with any applicable Order Form, Statement of Work, Master Services Agreement, implementation schedule, Business Associate Agreement (“BAA”), Data Processing Addendum, or other written addendum executed between you and myoncare.
In the event of a conflict, the following order of precedence will apply unless the relevant document expressly states otherwise: (a) the BAA with respect to PHI; (b) any negotiated Order Form, Statement of Work, or MSA; (c) any product-specific addendum or implementation schedule; and then (d) these Provider Terms.
1.3 If you accept these Provider Terms on behalf of an entity, you represent and warrant that you have authority to bind that entity and all Authorized Users associated with that entity. If you do not have that authority, you may not accept these Provider Terms or use the Platform Services on the entity’s behalf.
1.4 The Platform Services are intended for use in the United States and in connection with U.S.-based programs, workflows, and care or health-engagement activities. You are responsible for ensuring that your use complies with all state- and federal-law requirements applicable to your organization, personnel, programs, and patients or end users.
2.1 “Authorized User” means any individual user account provisioned by or for Provider, including clinicians, administrative personnel, schedulers, care navigators, coaches, support staff, consultants, satellite providers, or similar personnel authorized by Provider to access the Platform Services.
2.2 “Customer Data” means all data, content, records, files, documents, images, messages, reports, prompts, configurations, user-generated content, and other materials submitted to, uploaded to, transmitted through, created in, or otherwise made available through the Platform Services by or for Provider, Authorized Users, patients, members, or other end users, including Protected Health Information where applicable.
2.3 “End User” means a patient, participant, member, consumer, or other natural person whom Provider invites, enrolls, monitors, or otherwise interacts with through the Platform Services.
2.4 “Pathway” means a structured digital sequence of tasks, prompts, reminders, questions, educational items, workflows, monitoring steps, or other patient- or user-facing interactions delivered through the Platform Services.
2.5 “Report” means a summary, export, PDF, dashboard view, or other structured presentation of data captured through the Platform Services. Reports are technical compilations of data and do not constitute independent medical judgment by myoncare.
2.6 “Protected Health Information” or “PHI” has the meaning given in HIPAA and includes electronic PHI where applicable.
2.7 “Protected Parties” means myoncare and its affiliates, licensors, subcontractors, infrastructure providers, support providers, service providers, and all other persons or entities engaged within myoncare’s authorized service and support chain.
2.8 “Third-Party Service” means any third-party software, device, wearable, laboratory interface, payment processor, social network integration, content provider, communication service, analytics tool, or other service not operated solely by myoncare and made available with, through, or alongside the Platform Services.
2.9 “Upstream Licensor” means any licensor in myoncare Inc.’s authorized platform licensing chain that licenses the Platform or related technology to myoncare Inc. but does not, solely by virtue of that role, become a direct provider of services to Provider.
3.1 You represent and warrant that: (a) you are duly organized and validly existing, or, if you are an individual professional, that you are legally able to enter into these Provider Terms; (b) all information you submit to us is true, accurate, current, and complete; and (c) you will promptly update such information if it changes.
3.2 You are responsible for determining which Authorized Users may access the Platform Services and for ensuring that each Authorized User has an appropriate role, is appropriately trained, and is bound by confidentiality, privacy, and use restrictions at least as protective as those in these Provider Terms.
3.3 Where use of particular features reasonably requires product, workflow, medical-device, or operational training, you will ensure that relevant Authorized Users complete such onboarding or training before relying on those features in patient-facing operations.
3.4 You are responsible for procuring and maintaining the devices, operating systems, browsers, telecommunications services, and internet connectivity required to use the Platform Services. Data charges, carrier charges, and internet access costs are your responsibility unless expressly stated otherwise in writing.
4.1 The Platform Services are designed to support digital health workflows, digital patient monitoring, prevention and self-care programs, structured communication, and related health-engagement activities. Depending on your configuration and purchased modules, the Platform Services may include one or more of the following: (a) Pathways with indication-specific or program-specific content; (b) collection of health-related parameters and vital data; (c) monitoring views and prioritized data displays; (d) user-facing and provider-facing alerts based on configured thresholds or triggers; (e) Reports and exports; (f) messaging or communications support; (g) telehealth-enabling functionality; (h) regular medication reminders; (i) document upload, import, scan, and OCR-assisted structuring; (j) integrations with external devices, wearables, laboratory providers, and similar third parties; (k) user onboarding and account administration tools; (l) store or e-commerce integrations; and (m) optional social-content integrations.
4.2 The Platform Services may be used in medical-treatment contexts, prevention contexts, wellness contexts, coaching or behavior-change contexts, structured self-care contexts, or mixed contexts. You are solely responsible for determining the legal and professional classification of any program, workflow, Pathway, or service that you deliver through the Platform Services.
4.3 Any threshold values, triage rules, alert parameters, content sequencing, provider review expectations, escalation workflows, and clinical follow-up processes are set by you or at your direction. myoncare does not independently determine, validate, monitor, or clinically respond to such thresholds or rules unless the parties expressly agree to additional managed services in writing.
4.4 Medication-reminder functionality is intended solely as a technical reminder tool. If you or an End User uploads, scans, or imports a medication list, medication schedule, prescription summary, discharge instruction list, after-visit summary, or similar medication document, the Platform Services may deactivate previously configured reminders and reconfigure reminders based on the newly imported medication information. You are responsible for determining whether the imported information is suitable for clinical or operational use, and for any medical or counseling decisions arising from that information.
4.5 OCR-assisted or other automated document-processing features are intended solely to extract, structure, display, or make document content usable within the Platform Services. OCR and similar features may produce errors, omissions, formatting inaccuracies, or partial results. You acknowledge that no automated extraction, categorization, or presentation performed by the Platform Services constitutes an independent medical assessment by myoncare.
4.6 myoncare may modify, augment, suspend, or discontinue all or any portion of the Platform Services from time to time. We will use commercially reasonable efforts to provide advance notice of material adverse changes where practicable, but you acknowledge that some changes may be necessary for security, compliance, interoperability, maintenance, or operational reasons.
4.7 Video Consultation Service: The Platform may include a real-time video and audio communication feature (“Video Consultation Service”). This service is provided via a secure, encrypted communication infrastructure operated by or on behalf of myoncare Inc. and may include session establishment, connection monitoring, and session metadata logging necessary for platform operation, security, and compliance. The Video Consultation Service is operated on infrastructure controlled by or on behalf of myoncare Inc. and does not rely on consumer-grade third-party video conferencing services.
4.8 Recording of Video Sessions: The Video Consultation Service may include optional functionality to record audio and/or video sessions. Any such recording is activated solely at the direction of the Provider. Provider is solely responsible for:
myoncare Inc. does not independently initiate recordings and does not verify Provider’s compliance with applicable recording or consent laws.
5.1 myoncare is a technology and program-services company. Unless the parties expressly enter into a separate agreement for distinct managed non-clinical services, myoncare does not practice medicine, nursing, pharmacy, psychology, or any other licensed profession, does not diagnose or treat any person, does not prescribe, and does not provide medical advice.
5.2 All medical care, clinical interpretation, triage, prescribing, diagnosis, treatment, documentation, coding, claims decisions, and professional decision-making remain solely with the relevant Provider and its licensed personnel. The Platform Services are not a substitute for clinical judgment and may not be used as the sole basis for diagnosis, treatment, or emergency response.
5.3 No upstream licensor, software licensor, infrastructure provider, backend technology provider, subcontractor, or support provider engaged by myoncare assumes any responsibility for clinical services, patient selection, patient communications, emergency response, professional supervision, or legal compliance of Provider or its personnel. No such party shall be deemed to provide Platform Services directly to Provider solely by virtue of licensing technology to or supporting myoncare Inc.
5.4 To the extent you offer non-medical prevention, coaching, support, or self-care programs through the Platform Services, you remain responsible for determining what disclaimers, consents, eligibility screens, and safeguards are required for those programs and for ensuring that such programs are not presented as medical care unless they legally and operationally qualify as such.
5.5 The Video Consultation Service is provided solely as a technical communication tool. myoncare Inc. does not provide telehealth services and is not responsible for the content, timing, quality, or clinical appropriateness of any interaction conducted באמצעות the Video Consultation Service.
6.1 You are solely responsible for all Customer Data and other information, settings, thresholds, content, messaging, uploads, recommendations, instructions, or workflow logic that you or your Authorized Users place into or deliver through the Platform Services.
6.2 You will ensure that End Users enrolled by you are suitable for the relevant program, are legally eligible to participate, and have been provided all legally required notices, disclosures, informed consents, telehealth consents, and privacy information that apply to your services. This includes, without limitation, obtaining all telehealth-specific informed consents and ensuring compliance with all legal requirements applicable to remote audio/video consultations.
6.3 You are solely responsible for all communications, support, training, and instructions that you provide to your End Users regarding your programs and services, including any clinical follow-up obligations, escalation obligations, response-time expectations, and emergency instructions.
6.4 You represent and warrant that you and your personnel maintain all licenses, registrations, permits, consents, supervisory relationships, collaborative agreements, malpractice coverage, and other legal authorizations required for the services that you provide, and that you will comply with all applicable federal and state laws, payor requirements, professional-board requirements, and rules applicable to telehealth, digital health, patient communications, consumer protection, and health data. Provider is further responsible for ensuring compliance with all applicable telehealth laws, including licensure, cross-jurisdictional practice requirements, and any legal requirements applicable to the use of audiovisual communication technologies.
6.5 You will not rely exclusively on automated outputs, reports, alerts, OCR-extracted data, or software-generated prioritization for clinical decision-making. You must validate the appropriateness, completeness, and clinical relevance of any information used in patient care.
6.6 You will not use the Platform Services as an emergency response system. You are responsible for implementing clinically appropriate emergency instructions and escalation protocols for your End Users.
6.7 Provider Content. You are solely responsible for the legality, accuracy, medical correctness, regulatory status, safety, and appropriateness of any content, educational materials, prompts, messages, social-media content, or recommendations that you upload, create, share, or recommend through the Platform Services.
7.1 Each Authorized User must use a unique account credential assigned to that natural person unless we expressly support a shared-access workflow for a particular operational function. You may not sell, sublicense, rent, assign, or make the Platform Services available to any third party except as expressly permitted in writing.
7.2 You are responsible for maintaining the confidentiality of credentials and for all activities conducted through your and your Authorized Users’ accounts, including where access is obtained because you or your personnel intentionally or negligently shared credentials or failed to maintain reasonable account security.
7.3 You will promptly notify myoncare at dataprotection@myoncare.com if you know or reasonably suspect that any credentials have been compromised or that any unauthorized access, disclosure, or misuse has occurred.
7.4 myoncare may suspend or disable accounts, require credential resets, or impose additional security measures if we reasonably believe that continued access would create a security risk, legal risk, or operational risk.
7.5 The Video Consultation Service is not intended for emergency use and does not guarantee uninterrupted availability, real-time transmission, or immediate Provider response.
8.1 As between the parties, Customer Data remains owned by Provider and/or the relevant End User, subject to any rights that End Users may have under applicable law or separate agreements. Except as expressly stated in these Provider Terms, myoncare does not claim ownership of Customer Data.
8.2 You grant myoncare and its subprocessors, and where necessary authorized entities within myoncare Inc.’s platform licensing and support chain, a worldwide, non-exclusive, limited right to host, copy, transmit, display, process, translate, index, structure, and otherwise use Customer Data solely as necessary to provide, host, maintain, secure, troubleshoot, support, and administer the Platform Services, to fulfill contractual obligations, to comply with law, and, where permitted by applicable law and contract, to generate aggregated and/or de-identified analytics and service-improvement outputs. No subprocessor, upstream licensor, or technical licensor may use Customer Data for its own independent commercial purposes.
8.3 Where Customer Data includes PHI and myoncare acts as your Business Associate, the collection, use, disclosure, storage, security, and return/destruction of such PHI will be governed by the applicable BAA. No PHI should be uploaded or transmitted to the Platform Services unless and until the parties have entered into a BAA where one is legally required. To the extent PHI is accessed or processed by support providers engaged directly or indirectly within myoncare Inc.’s authorized platform support chain, such access or processing will occur solely on behalf of myoncare Inc. and subject to the applicable BAA chain or other required HIPAA-compliant contractual arrangements.
8.4 To the extent permitted by applicable law and any applicable BAA, myoncare may create and use aggregated and/or de-identified data derived from Customer Data for lawful business purposes such as analytics, benchmarking, service improvement, quality improvement, security, validation, and operational optimization, provided that such data does not identify Provider, any End User, or any other individual where prohibited by law or contract. myoncare will not use PHI or identifiable Provider or End User personal information to train general-purpose artificial intelligence or machine-learning models. Where data is derived from PHI, any de-identification will be performed in accordance with HIPAA where HIPAA applies.
8.5 You acknowledge that certain data-protection, privacy, or health-data rules may apply differently depending on whether the relevant service is a clinical service, a provider-directed support service, a prevention or wellness service, or a self-care / consumer health service. You remain responsible for determining the legal basis and disclosure framework applicable to your use case.
9.1 The Platform Services may interoperate with Third-Party Services, including device manufacturers, wearable providers, distributors of diagnostic devices, laboratory service providers, identity or messaging services, payment processors, social media platforms, and other third-party tools. Such Third-Party Services may be subject to separate terms, privacy notices, or technical limitations.
9.2 If you elect to integrate external devices, laboratories, or similar technical providers into your workflows, you are responsible for selecting those vendors, evaluating their suitability, obtaining any required consents, and ensuring that the resulting data flows are lawful. Unless otherwise expressly agreed in writing, myoncare does not guarantee the functionality, measurement accuracy, timeliness, completeness, or safety of third-party devices, wearables, or laboratory outputs.
9.3 Optional social-network integrations are provided solely as a convenience. If you choose to use them, you are solely responsible for the content you publish or display, for compliance with professional and advertising rules, and for ensuring that no prohibited endorsement, solicitation, or clinical impropriety occurs.
9.4 Third-party payment processors may be used to process fees or other payments. Your use of those processors is subject to their applicable terms, and you authorize myoncare and such processors to exchange the information necessary to complete authorized transactions.
10.1 myoncare may operate or facilitate access to an online store or similar e-commerce environment through which digital Pathways, program modules, accessories, devices, or other products may be offered. Unless expressly stated otherwise in a separate written agreement, Provider is not required to recommend or distribute any store product.
10.2 Provider has no responsibility for the design, selection, pricing, fulfillment, safety, labeling, warranty, or sales process for store products or other goods offered directly by myoncare or third parties, except to the extent Provider separately agrees in writing to participate in such activities.
10.3 Nothing in the store structure is intended to impair Provider’s independent medical judgment. Provider remains free to recommend, not recommend, or recommend alternatives to any product in accordance with Provider’s professional judgment and applicable law. Unless expressly agreed in writing, Provider does not share in store revenues or affiliate income.
11.1 Fees, billing metrics, implementation charges, subscription terms, renewal terms, and any reimbursement or revenue-sharing arrangements will be as set out in the applicable Order Form or other written commercial document. If no separate commercial document applies, then any fees disclosed during onboarding or purchase will govern.
11.2 Except as otherwise stated in writing, fees are due in U.S. dollars and are non-cancelable and non-refundable once incurred. You are responsible for all applicable sales, use, excise, VAT, GST, or similar taxes other than taxes based on myoncare’s net income.
11.3 If you fail to pay undisputed amounts when due, we may charge reasonable late fees or interest to the extent permitted by law and may suspend access to the affected Platform Services upon written notice and a reasonable opportunity to cure.
11.4 If your commercial arrangement involves patient-facing self-pay, reimbursement support, or pass-through billing components, the operational and legal allocation of those responsibilities must be expressly documented in the applicable Order Form or addendum. Nothing in these Provider Terms obligates myoncare to submit claims on your behalf unless we expressly agree to do so in writing.
12.1 Subject to your compliance with these Provider Terms and payment of applicable fees, myoncare grants Provider a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable service term to access and use the Platform Services for Provider’s internal business purposes and for delivering the approved services and programs that are part of Provider’s authorized use case.
12.2 Except for the limited rights expressly granted above, myoncare and its licensors retain all right, title, and interest in and to the Platform Services, software, interfaces, designs, models, workflows, documentation, content not supplied by Provider, and all associated intellectual property rights.
12.3 You may print, download, and use Reports generated through the standard functionality of the Platform Services for your lawful internal purposes, clinical documentation, care coordination, patient communication, reimbursement support, and regulatory or quality-management purposes, provided that you do not misrepresent such Reports as having been independently medically generated by myoncare.
12.4 You may provide feedback, suggestions, ideas, enhancement requests, or recommendations relating to the Platform Services (“Feedback”). You grant myoncare a perpetual, irrevocable, worldwide, royalty-free right to use Feedback without restriction and without any obligation to you.
13.1 You will not, and will not permit any third party to: (a) license, sublicense, sell, resell, transfer, assign, distribute, rent, lease, outsource, or otherwise commercially exploit the Platform Services except as expressly permitted; (b) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive source code or underlying models except to the extent such restriction is prohibited by law; (c) scrape, crawl, index, data-mine, or harvest data from the Platform Services for unauthorized purposes; (d) transmit viruses, malware, or other harmful code; (e) interfere with or disrupt the Platform Services or their security; (f) use the Platform Services to violate law or third-party rights; (g) use the Platform Services to create a competing product or service; or (h) upload content that is unlawful, infringing, deceptive, defamatory, hateful, discriminatory, or otherwise prohibited.
13.2 You also will not use the Platform Services in a manner that is likely to cause harm, nuisance, or unreasonable burden to myoncare, End Users, other customers, or third parties, or that exposes myoncare to disputes, claims, sanctions, fines, penalties, or other liability.
14.1 The Platform Services are intended to be highly available, but uninterrupted availability is not guaranteed. Short-term unavailability may occur due to maintenance, patches, upgrades, emergency fixes, capacity constraints, third-party outages, cyber events, telecom failures, or circumstances beyond our reasonable control.
14.2 We may offer beta, pilot, pre-release, experimental, or evaluation features from time to time. Such features may be modified or withdrawn at any time and may be subject to additional use restrictions. Unless otherwise expressly stated, beta features are provided “as is” and may not be used for mission-critical clinical workflows.
15.1 Each party may receive non-public information from the other party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Each receiving party will use the disclosing party’s Confidential Information only for purposes of performing or receiving under these Provider Terms and will protect it using reasonable care, but not less than the care it uses to protect its own similar information.
15.2 Confidential Information does not include information that the receiving party can demonstrate: (a) was already lawfully known without restriction; (b) becomes public through no breach of duty; (c) is received lawfully from a third party without breach of duty; or (d) is independently developed without use of the disclosing party’s Confidential Information.
15.3 The receiving party may disclose Confidential Information where required by law, subpoena, court order, or regulatory request, provided that, where legally permitted, it gives prompt notice so that the disclosing party may seek protective relief.
16.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’ MYONCARE AND THE OTHER PROTECTED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, QUIET ENJOYMENT, ACCURACY, SECURITY, RELIABILITY, SYSTEM INTEGRATION, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE.
16.2 WITHOUT LIMITING THE FOREGOING, MYONCARE DOES NOT WARRANT THAT THE PLATFORM SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, COMPLETE, TIMELY, OR SUITABLE FOR ANY PARTICULAR CLINICAL, REGULATORY, BILLING, OR PROFESSIONAL USE CASE; THAT ANY OCR, AI-ASSISTED, OR AUTOMATED FEATURE WILL BE ACCURATE; OR THAT ANY THIRD-PARTY SERVICE, DEVICE, WEARABLE, LABORATORY, OR PAYMENT PROCESSOR WILL FUNCTION AS EXPECTED.
17.1 You will defend, indemnify, and hold harmless myoncare, its affiliates, and their respective directors, officers, employees, contractors, licensors, and agents from and against any third-party claim, demand, action, fine, investigation, penalty, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) Provider Content; (b) Provider’s or any Authorized User’s breach of these Provider Terms or applicable law; (c) Provider’s clinical services or professional decision-making; (d) any allegation that Provider failed to obtain a required consent, authorization, or notice acknowledgment; (e) any product recommendation, threshold configuration, Pathway configuration, or communication created or approved by Provider; or (f) fraud, gross negligence, reckless conduct, or willful misconduct by Provider or its personnel. “For clarity, the protected parties under this Section include the other Protected Parties engaged by myoncare in connection with the Platform Services.
17.2 myoncare will defend Provider against any third-party claim that the core Platform Services, as provided by myoncare and used by Provider in accordance with these Provider Terms, directly infringe a U.S. patent, copyright, or trademark, and will indemnify Provider for finally awarded damages or amounts paid in settlement approved by myoncare; provided that myoncare will have no obligation to the extent the claim arises from Customer Data, Provider Content, third-party materials, unauthorized use, modifications not made by myoncare, or combination with items not supplied or approved by myoncare. In addition, myoncare will indemnify Provider to the extent expressly required under the BAA for breaches for which myoncare is responsible.
17.3 The indemnified party must promptly notify the indemnifying party of the claim, permit the indemnifying party to control the defense and settlement (except that no settlement admitting liability or imposing non-monetary obligations on the indemnified party may be entered without consent), and provide reasonable cooperation at the indemnifying party’s expense.
18.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE PROVIDER TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MYONCARE AND THE OTHER PROTECTED PARTIES ARISING OUT OF OR RELATING TO THESE PROVIDER TERMS, THE PLATFORM SERVICES, OR ANY ORDER FORM WILL NOT EXCEED IN THE AGGREGATE THE TOTAL AMOUNTS PAID OR PAYABLE BY PROVIDER TO MYONCARE UNDER THE RELEVANT COMMERCIAL AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM..
18.3 The exclusions and limitations in this Section do not apply to: (a) amounts payable by Provider; (b) either party’s indemnification obligations; (c) either party’s willful misconduct or fraud; (d) myoncare’s obligations under the BAA to the extent the BAA expressly provides otherwise; or (e) liability that cannot lawfully be limited or excluded.
Any licensor, software supplier, backend technology provider, infrastructure provider, subcontractor, or other service provider engaged by myoncare in connection with the Platform Services acts solely on behalf of myoncare and does not enter into any contract with Provider, does not provide medical, professional, or managed services to Provider, does not undertake any direct duty of care toward Provider, patients, or Authorized Users, and does not assume any duty, liability, or obligation toward Provider except to the extent expressly required by non-waivable applicable law. Provider agrees that it will not bring, join, assist, encourage, or permit any claim, action, cross-claim, counterclaim, third-party claim, arbitration demand, or other proceeding arising out of or relating to these Provider Terms or the Platform Services directly against any such support-chain party, except to the extent such claim cannot lawfully be waived. Provider further agrees that, as between Provider and the Protected Parties, Provider’s sole contractual counterparty and sole recourse under these Provider Terms is myoncare Inc. All such support-chain parties are express intended third-party beneficiaries of Sections 16, 17, 18, and 19 and may enforce those Sections directly. Except for that limited beneficiary status, nothing in these Provider Terms confers any right, remedy, or cause of action on any third party.”
20.1 These Provider Terms begin on the earlier of the date you first accept them or first use the Platform Services and continue for the applicable service term under the governing commercial document, unless earlier terminated in accordance with these Provider Terms or the applicable commercial document.
20.2 myoncare may suspend access to the Platform Services immediately, in whole or in part, if we reasonably believe that: (a) continued access would create a security, privacy, or legal risk; (b) Provider is in material breach of these Provider Terms; (c) Provider has failed to pay undisputed fees after notice and opportunity to cure; (d) suspension is required by law or at the direction of a regulator or governmental authority; or (e) continued operation could cause immediate harm to myoncare, End Users, or third parties.
20.3 Either party may terminate for material breach if the breach remains uncured after thirty (30) days’ written notice, except that termination may be immediate for non-curable breaches, unlawful conduct, security-compromising conduct, or breaches that by their nature require faster action.
20.4 If no separate commercial document specifies termination mechanics, either party may terminate these Provider Terms for convenience on thirty (30) days’ prior written notice.
21.1 Upon termination or expiration, all licenses and access rights granted to Provider under these Provider Terms will end, except to the limited extent required to complete an orderly wind-down, data export, or legally required transition.
21.2 For thirty (30) days following the effective date of termination, myoncare will, upon written request and subject to payment of all undisputed amounts due, make Customer Data available for export in a reasonably accessible format, unless a longer period is required by the governing commercial document or applicable law. To the extent, Customer Data includes PHI, return, retention, destruction, and any residual archival handling of such PHI will be governed primarily by the applicable BAA and applicable law. Nothing in these Provider Terms shall be construed to expand myoncare’s or any subcontractor’s obligations with respect to medical-record retention beyond what is expressly required under the BAA or applicable law.
21.3 Termination does not relieve either party of obligations that accrued before termination, and Sections that by their nature should survive will survive, including those relating to fees, confidentiality, intellectual property, indemnification, limitation of liability, dispute resolution, and post-termination data handling.
22.1 You consent to receive notices, disclosures, invoices, legal communications, operational communications, and other messages from myoncare electronically, including by email, text message where appropriate, dashboard posting, or in-product notification. You agree that such electronic communications satisfy any legal requirement that a communication be in writing.
22.2 The parties agree that electronic signatures, click-through acceptance, and other electronic records used in connection with these Provider Terms, any Order Form, or related documents may be used and will be given legal effect to the fullest extent permitted by applicable law.
23.1 These Provider Terms and any dispute arising out of or relating to them will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and, where applicable, by controlling federal law.
23.2 Any action or proceeding that is not subject to arbitration under a separately negotiated agreement will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and each party irrevocably submits to those courts’ jurisdiction and venue.
23.3 TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE PROVIDER TERMS.
24.1 Assignment. Provider may not assign or transfer these Provider Terms without myoncare’s prior written consent, except in connection with a merger, reorganization, or sale of substantially all assets involving Provider, provided the assignee agrees in writing to be bound. myoncare may assign these Provider Terms without consent in connection with a merger, financing, corporate reorganization, or sale of all or part of its business.
24.2 Force Majeure. Neither party will be liable for delay or failure to perform to the extent caused by events beyond its reasonable control, including natural disasters, war, terrorism, epidemics, labor disputes, telecommunications failures, cyberattacks, cloud-provider outages, utility failures, governmental actions, or similar events.
24.3 Notwithstanding the foregoing, myoncare’s affiliates, upstream licensors, licensors, backend technology providers, subcontractors, and service providers engaged in connection with the Platform Services are intended third-party beneficiaries of Sections 5, 13, 16, 17, 18, 19, and this Section 24.3, and may enforce those provisions directly.
24.4 Waiver; Severability. No waiver is effective unless in writing and signed by the waiving party. If any provision is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable and the remainder of these Provider Terms will remain in full force and effect.
24.5 Entire Agreement. These Provider Terms, together with the documents incorporated by reference or executed in connection with them, constitute the entire agreement between the parties regarding the subject matter hereof and supersede prior or contemporaneous understandings regarding that subject matter. Any upstream licensing, technology-licensing, or support arrangements involving other technology providers are for the benefit of myoncare Inc. and do not create any separate contractual relationship between Provider and those parties.
Terms of Use for Patients, End Users, and Program Participants (U.S.)
Effective Date: April 15, 2026
Important medical notice
• Do not use the Services for a medical emergency. Call 911, contact your local emergency number, or go to the nearest emergency department immediately.
• myoncare Inc. is not a doctor, hospital, pharmacy, or emergency-response provider. The Services are a digital platform and may include prevention, self-care, communication, monitoring, and telehealth-enabling tools.
• Any medical advice, diagnosis, treatment plan, prescription, or clinical decision is provided only by the relevant healthcare provider, not by myoncare Inc.
These Terms of Use (these ‘Terms’) are a binding agreement between you and myoncare Inc., a Delaware corporation (‘myoncare,’ ‘we,’ ‘us,’ or ‘our’), and govern your access to and use of our websites, mobile applications, patient portals, Pathways, reports, program modules, messaging tools, remote-monitoring features, and related services (collectively, the ‘Services’). The Services are operated by myoncare Inc. in the United States. myoncare Inc. remains the sole U.S.-facing provider of the Services and the sole contractual counterparty to you under these Terms.
For purposes of these Terms, “you” means the natural person using the Services, including a patient, member, participant in a prevention or self-care program, or other end user of a digital health-related service. If you are accepting these Terms for a minor child or another person for whom you are legally authorized to act, “you” also means that represented person to the extent applicable, and you represent that you have authority to act on their behalf.
1.1 By clicking to accept, registering for an account, accessing the Services, or using any portion of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
1.2 Your use of the Services is also subject to our applicable Privacy Policy. If your use of the Services involves Protected Health Information handled by or on behalf of a healthcare provider or provider group, a separate HIPAA Notice of Privacy Practices may also apply and will control with respect to PHI to the extent of any conflict.
1.3 Certain parts of the Services may be subject to additional terms presented at the point of use, such as payment terms, program-specific terms, telehealth consents, device or laboratory terms, or product-specific purchase terms. If additional terms conflict with these Terms, the additional terms will control for the specific feature or transaction to which they relate.
2.1 The Services are designed to support digital communication, digital patient monitoring, prevention and self-care programs, structured questionnaires, educational content, reports, medication reminders, telehealth-enabling workflows, and related digital health-engagement activities. Depending on how you are enrolled, the Services may be used:
2.2 myoncare itself does not provide medical care, medical diagnosis, medical treatment, medical opinion, pharmacy services, or emergency services. The Services are not a substitute for in-person evaluation, where such evaluation is clinically necessary. You should always seek care from an appropriately licensed healthcare professional for diagnosis and treatment questions. The fact that the Services may incorporate technology, infrastructure, or support elements provided within myoncare Inc.’s authorized service and support chain does not make any such person or entity your direct service provider or healthcare provider.
2.3 If a healthcare provider delivers clinical services to you through or in connection with the Services, that clinical relationship is between you and the relevant provider or provider entity. Any advice or information you receive from a provider comes from that provider, not from myoncare.
2.4 Self-care, prevention, coaching, education, symptom tracking, lifestyle support, or similar offerings available through the Services are intended only for information, structured support, prevention, or self-observation unless they are expressly identified as part of a medical treatment relationship. They do not replace individualized medical advice, diagnosis, or therapy.
2.5 No results guaranteed. We do not promise any particular health outcome, improvement, or treatment result from your use of the Services.
3.1 DO NOT USE THE SERVICES FOR A MEDICAL OR MENTAL-HEALTH EMERGENCY. If you think you are experiencing an emergency, call 911 (or the emergency number where you are located) immediately or go to the nearest emergency department.
3.2 If your provider uses the Services for telehealth or remote monitoring, you remain responsible for seeking urgent or emergency care when needed. Messages, alerts, reports, or dashboard updates may not be reviewed in real time and must not be relied upon as an emergency response mechanism. Video consultations and other communications through the Services are not monitored continuously and must not be relied upon for urgent or emergency care.
4.1 You represent and warrant that you are at least 18 years old, or that you are the parent or legal guardian of a minor or dependent for whom you are lawfully creating or managing an account or consenting to use the Services.
4.2 You must be able to use the Services safely, independently, or with appropriate support. If you cannot safely use a smartphone, computer, or similar device needed for the Services, then you may use the Services only with appropriate assistance from a caregiver or other responsible person, where permitted.
4.3 You agree to provide true, accurate, current, and complete information during registration and while using the Services, and to keep your information up to date.
4.4 You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. You must promptly notify us at [Support / Security Email] if you know or suspect that your account has been compromised.
4.5 We may deny, suspend, or terminate accounts that contain false information, are used improperly, create legal or security risk, or otherwise violate these Terms or applicable laws.
If your healthcare provider or care team enrolls you in a program, Pathway, monitoring workflow, or telehealth service through the Services, the provider remains solely responsible for the clinical interpretation of your data, the setting and review of thresholds, the timing and content of any medical follow-up, and all diagnosis and treatment decisions.
A healthcare provider may recommend that you use certain myoncare programs or content outside the provider’s direct medical treatment workflow. In that case, the Services may still help you with organization, education, tracking, prevention, or self-care, but such use does not by itself make the program a medical service.
Some Services may be offered directly by myoncare as prevention, self-care, wellness, lifestyle-support, educational, or other consumer-facing digital services. In those cases, myoncare is acting solely as the provider of the digital platform-based service itself and not as a physician, hospital, pharmacy, therapist, or other licensed healthcare provider. Such Services are not medical care unless expressly identified by the applicable provider as part of a medical treatment relationship.
Depending on the module or program, the Services may include: indication-specific content within Pathways; questionnaires and check-ins; collection of health-related parameters and vital data; technical monitoring displays; user-facing and provider-facing alerts; medication reminders; messaging and notifications; telehealth-enabling tools; generated Reports; OCR-assisted extraction from uploaded or scanned documents; and integrations with devices, wearables, laboratories, or other third parties.
The Services may include real-time video and audio communication tools that enable you to interact with your healthcare provider remotely (“Video Consultation”). These tools are provided solely as technical means of communication. myoncare Inc. does not provide medical care, telehealth services, or clinical decision-making through these features.The Video Consultation Service is operated on infrastructure controlled by or on behalf of myoncare Inc. and does not rely on consumer-grade third-party video conferencing services.
Reports are technical compilations or summaries of information captured through the Services. They may be generated in PDF or other structured formats. Reports are not, by themselves, medical opinions, diagnoses, or treatment recommendations.
The Services may allow medication reminders to be configured manually or based on a structured medication list, prescription summary, discharge medication instruction, after-visit medication list, or similar medication document uploaded or scanned by you or your provider. If a new medication document is imported, previously active reminders may be changed, deactivated, or replaced by reminders that reflect the imported document. You and your provider remain responsible for reviewing whether the imported medication information is current and correct.
Documents or images you upload—such as laboratory reports, discharge summaries, medication lists, or physician letters—may be automatically processed, analyzed, structured, or text-extracted using OCR or similar technologies so the content can be displayed or used inside the Services. These tools can make mistakes. No independent medical evaluation is performed by myoncare merely because a document has been uploaded or processed.
Some programs may involve connected third-party devices, wearables, diagnostic-device vendors, laboratory service providers, or similar technical partners. Those third parties may transmit data to the Services or make data available through defined interfaces. Unless we expressly state otherwise, those third parties remain responsible for their own products and services, including device functionality, measurement accuracy, safety, and timeliness of third-party data.
6.1 The Services may facilitate access to telehealth, virtual visits, remote care, remote monitoring, asynchronous communications, or similar provider interactions. myoncare provides technology and workflow support for these interactions but does not itself provide the provider’s clinical services. Neither myoncare nor any licensor, software supplier, infrastructure provider, subcontractor, or support provider engaged by myoncare provides the relevant provider’s clinical services, determines the content or timing of medical care, or assumes responsibility for diagnosis, treatment, prescribing, triage, follow-up, or emergency response. No such party shall be deemed to provide clinical services, direct patient services, or patient-facing operational services solely by virtue of licensing technology to or supporting myoncare Inc.”.
6.2 Telehealth may involve electronic transmission of your health information by audio, video, text, image, or other digital means to providers who may be in another location or another state, as permitted by law. Telehealth may offer convenience and improved access, but it also involves potential risks, including technical failures, delays, incomplete data, privacy or security incidents, and the possibility that a provider may not have access to all of your medical records. During video-based interactions, certain technical data (such as connection data, device information, session timing, and quality metrics) may be processed to enable, secure, and improve the communication. Your healthcare provider may, where permitted by law, enable recording of video sessions. myoncare Inc. does not control or initiate such recordings. You should consult your provider regarding whether a session is recorded and any applicable consent requirements.
6.3 By using telehealth-enabled portions of the Services, you acknowledge those general risks and benefits and agree that additional provider-specific telehealth consent forms, informed-consent documents, or disclosures may apply. Where a provider-specific telehealth consent or clinical-services consent applies, that provider-specific document will control as to the provider’s clinical services. Video-based interactions may be affected by technical limitations, including connectivity issues, latency, interruptions, or incomplete data transmission.
6.4 If you participate in a telehealth interaction, you are responsible for being in a location where telehealth is legally permitted and clinically appropriate, for having adequate connectivity, and for following your provider’s instructions regarding privacy, safety, identity verification, and emergency planning.
7.1 You must use the Services only for lawful, personal, and non-commercial purposes unless we expressly authorize otherwise in writing.
7.2 You are responsible for the accuracy, completeness, and timeliness of information that you enter, upload, scan, or otherwise submit through the Services.
7.3 If you are using the Services in connection with a provider-directed care program, you remain responsible for following the instructions of your healthcare provider, including emergency instructions and medication instructions. You must not rely on the Services as the sole basis for making medical decisions about your health.
7.4 You are responsible for maintaining internet access, device compatibility, software updates, and notification settings required for use of the Services. Certain features, such as reminders or time-sensitive prompts, may not function correctly if you disable push notifications, email delivery, text delivery, or background permissions needed by the app.
7.5 You are responsible for ensuring that you have the right to upload any document, image, data set, or content you submit, and that doing so does not violate the rights of any third party or any law.
8.1 Some Services may be free, while others may require payment by you, by a sponsoring organization, by a provider, by an insurer, or by another third party. If payment is required from you, we will disclose the applicable price and billing basis before you complete the transaction.
8.2 If you provide a payment method, you authorize myoncare and its payment processors to charge the fees, taxes, and other amounts you authorize in connection with your use of paid Services, subscriptions, Pathways, products, or other purchases.
8.3 If your provider, employer, insurer, plan sponsor, or another sponsoring entity makes the Services available to you, additional billing or coverage rules may apply. In some cases, provider or telehealth charges may be billed separately by the provider or provider entity, and not by myoncare.
8.4 If a paid feature or program is offered on a recurring subscription basis, we will clearly disclose before you enroll the recurring charge amount, billing frequency, renewal terms, how to cancel, and any minimum commitment period, if applicable. Unless otherwise disclosed at the time of enrollment, subscriptions automatically renew until canceled. You may cancel using the method disclosed at checkout or through an easy-to-use cancellation mechanism that we make available to you. Cancellation will take effect as stated in the applicable offer terms and, unless otherwise required by law, will stop future renewals but will not retroactively refund charges already incurred for the current billing period.
8.5 All purchases are final except as expressly stated in the applicable offer terms or as required by law. Certain digital goods, program access rights, or clinical-service-related charges may not be eligible for refund once access has been granted or services have begun.
8.6 The Services may also include access to a store or e-commerce environment offering digital Pathways, devices, accessories, or other goods. Separate seller terms, shipping terms, warranty terms, return terms, or manufacturer terms may apply to such purchases.
9.1 You consent to receive service-related communications from us electronically, including by email, in-app message, portal message, dashboard posting, push notification, and text message where appropriate. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.
9.2 Service-related communications may include account verification messages, security messages, reminders, program updates, support messages, telehealth instructions, billing messages, legal notices, and other operational communications. Service-related and transactional communications are not marketing communications. Where we send marketing text messages or other marketing communications for which consent is required by law, your consent is voluntary, is not a condition of purchase unless expressly permitted by law, and may be withdrawn at any time by following the unsubscribe instructions or contacting us.
9.3 Text-message and carrier charges may apply, and message delivery is not guaranteed. You are responsible for keeping your contact information current and for monitoring communications sent to you through the Services.
10.1 Your use of the Services is subject to our Privacy Policy. Certain categories of data, including in particular Medical Profile data, may be hosted on dedicated infrastructure located in Germany, as further described in the applicable Privacy Policy. Any such hosting remains within myoncare Inc.’s authorized service and support chain and subject to applicable contractual, confidentiality, security, and lawful transfer safeguards. If your use of the Services involves PHI handled by or on behalf of a healthcare provider or provider group, then a separate HIPAA Notice of Privacy Practices may apply to that PHI and will control with respect to uses and disclosures of PHI to the extent required by law.
10.2 Depending on how you use the Services, myoncare may act as a consumer-service provider, a technology provider to a healthcare provider, or in another role disclosed in the applicable privacy documentation. No licensor, backend technology provider, infrastructure provider, or technical support provider engaged within myoncare Inc.’s authorized service and support chain is intended to become an independent provider of services to you, an independent controller of your data, or a healthcare provider solely by virtue of licensing technology to or supporting myoncare Inc.
11.1 The Services may contain links to or integrations with Third-Party Services, including payment processors, app stores, connected-health platforms, device or wearable services, laboratory services, pharmacies, and external content providers. We do not control and are not responsible for those Third-Party Services except as expressly stated by us.
11.2 Your use of Third-Party Services may be governed by the terms and privacy policies of those third parties. We are not responsible for the content, availability, accuracy, products, or services of those third parties.
12.1 Subject to your compliance with these Terms, myoncare grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services in the United States for your lawful personal use.
12.2 You may not, and may not attempt to: (a) copy, reproduce, republish, reverse engineer, decompile, disassemble, modify, translate, or create derivative works of the Services except as expressly permitted by law; (b) rent, lease, sell, sublicense, or otherwise commercially exploit the Services; (c) scrape, crawl, harvest, or data-mine the Services; (d) upload malware or interfere with the operation or security of the Services; (e) impersonate another person; (f) use the Services for unlawful, harassing, defamatory, abusive, hateful, deceptive, or fraudulent purposes; (g) upload content that infringes another person’s rights; or (h) use the Services to create a competing product or service.
12.3 Any content, trademarks, software, text, graphics, videos, interfaces, workflows, and designs included in the Services (other than content you upload) are owned by myoncare, its affiliates, its licensors, and/or their respective licensors, and are protected by intellectual property laws.
13.1 The Services are continuously evolving. We may modify, update, suspend, or discontinue all or any part of the Services at any time, including to improve the Services, address security issues, comply with law, or retire older functionality.
13.2 We do not guarantee that the Services will be uninterrupted, error-free, or available at all times. Short-term interruptions may occur due to maintenance, internet or carrier outages, software updates, cyber incidents, cloud-provider outages, third-party failures, or other causes outside our reasonable control.
14.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’ MYONCARE AND THE OTHER PROTECTED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, RELIABILITY, OR AVAILABILITY. Protected Parties means myoncare and its affiliates, licensors, subcontractors, infrastructure providers, support providers, service providers, and all other persons or entities engaged within myoncare’s authorized service and support chain.
14.2 WITHOUT LIMITING THE FOREGOING, MYONCARE DOES NOT WARRANT THAT ANY CONTENT, REPORT, OCR EXTRACTION, ALERT, PATHWAY, DEVICE INTEGRATION, OR TELEHEALTH-ENABLING FEATURE WILL BE ACCURATE, COMPLETE, TIMELY, OR SUITABLE FOR YOUR PARTICULAR NEEDS, OR THAT THE SERVICES WILL PREVENT ANY MEDICAL EVENT, SUPPORT ANY SPECIFIC TREATMENT OUTCOME, OR BE FREE FROM INTERRUPTION OR SECURITY INCIDENTS.
14.3 The Services may include content or information provided by providers, laboratories, device companies, or other third parties. We are not responsible for that third-party content or for your reliance on it.
15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYONCARE AND THE OTHER PROTECTED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES
15.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MYONCARE AND THE OTHER PROTECTED PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNTS YOU PAID DIRECTLY TO MYONCARE FOR THE RELEVANT SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15.3 Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited, including certain non-waivable consumer rights and, where applicable, liability for fraud, willful misconduct, or personal injury caused by gross negligence to the extent required by law.
16. No Recourse Against Certain Third Parties; Limited Role of Technology Providers
The Services are offered and contracted for solely by myoncare Inc. Any licensor, software supplier, backend technology provider, infrastructure provider, subcontractor, or other service provider engaged by myoncare Inc. in connection with the Services acts solely on behalf of myoncare Inc., does not enter into any contract with you, does not provide medical care or professional services to you, and does not assume any duty, liability, or obligation toward you except to the extent expressly required by applicable law. You agree that you will not bring any claim, action, or proceeding arising out of or relating to these Terms or the Services directly against any such party, except to the extent such claim cannot lawfully be waived. For the avoidance of doubt, no such party shall be deemed to be an operator of the Services for you, a direct provider of services to you, a healthcare provider, a HIPAA Covered Entity, or an independent controller of your data solely by virtue of licensing technology to or supporting myoncare Inc.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless myoncare and its affiliates, licensors, backend technology providers, subcontractors, and service providers, and each of their respective officers, directors, employees, contractors, and agents, from and against third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your unlawful or unauthorized use of the Services; (b) your fraud, willful misconduct, or violation of law; (c) your infringement of any third-party right; or (d) content or information you upload or submit in violation of these Terms.
For clarity, the protected parties under this Section include any licensor, backend technology supplier, infrastructure provider, or technical support subcontractor engaged by myoncare in connection with the Services.
18.1 These Terms remain in effect while you use the Services. You may stop using the Services at any time.
18.2 We may suspend or terminate your access to the Services immediately, with or without notice, if we reasonably believe that: (a) you have violated these Terms or applicable law; (b) your continued access would create a security, privacy, legal, or safety risk; (c) the relevant program or service has ended; (d) a provider, sponsor, or other authorized party instructs us to terminate access for a provider-directed program; or (e) we discontinue the relevant Services.
18.3 Upon termination, your right to use the Services will cease. Certain provisions of these Terms will survive termination by their nature, including those relating to payments, intellectual property, disclaimers, limitations of liability, dispute resolution, and other provisions that by their terms or nature should survive.
19.1 Please read this Section carefully. It affects your rights. Except where prohibited by law, this Section requires most disputes between you and myoncare to be resolved by binding individual arbitration rather than in court.
19.2 Informal resolution first. Before either party starts arbitration or court proceedings (except for small claims court or claims seeking injunctive relief for intellectual-property misuse), that party must send the other a written notice describing the dispute and the requested relief. The parties will then attempt in good faith to resolve the dispute informally for at least sixty (60) days.
19.3 Binding arbitration. Except for disputes that may be brought in small claims court on an individual basis or claims seeking injunctive relief for alleged intellectual-property misuse, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement.
19.4 Arbitration process. Arbitration may be conducted by videoconference, telephone, documents-only submission, or in person, as permitted by the AAA rules and the arbitrator. If an in-person hearing is required and you reside in the United States, the hearing will take place in the county where you reside or another mutually agreed location, unless the applicable AAA rules require otherwise.
19.5 Class action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MYONCARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
19.6 Jury-trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MYONCARE WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE THAT IS NOT ARBITRATED.
19.7 Opt-out right. You may opt out of this arbitration agreement by sending a written opt-out notice to dataprotection@myoncare.com within thirty (30) days after you first accept these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. Opting out of arbitration will not affect any other part of these Terms. We may also provide an alternative electronic or postal opt-out method in the Services or in the applicable notice. We recommend that you retain proof of timely submission.
19.8 If the arbitration agreement in this Section is found unenforceable for a particular dispute, then the dispute will be heard exclusively in the state or federal courts located in New Castle County, Delaware, and the parties consent to that jurisdiction and venue, except where applicable law requires otherwise.
Except to the extent federal law or the FAA governs, these Terms and any dispute arising out of or relating to them will be governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except where applicable consumer-protection law requires the application of the law of your state of residence.
21.1 If we make material changes to these Terms, we will provide notice by reasonable means before the changes become effective. Your continued use of the Services after the effective date of the revised Terms will constitute your acceptance of the revised Terms, except to the extent applicable law requires a different notice, opt-in, or acceptance mechanism for particular changes.
21.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, in connection with a merger, financing, reorganization, or sale of all or part of our business.
21.3 Waiver; Severability. No waiver of any provision is effective unless in writing and signed by the waiving party. If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted, and the remainder will remain in full force and effect.
21.4 These Terms, together with the Privacy Policy and any additional terms or consents expressly incorporated herein, are the entire agreement between you and myoncare regarding the Services covered by these Terms and supersede prior understandings regarding the same subject matter. Any upstream licensing, infrastructure, or support arrangements are for the benefit of myoncare Inc. and do not create any separate contractual relationship between you and any other person or entity engaged within myoncare Inc.’s authorized service and support chain.
21.5 Contact. Questions regarding these Terms may be sent to: dataprotection@myoncare.com
