360 Clinic Management Terms and Conditions

Last Updated: August 2024

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT, OR ACCESSING OR USING ANY PART OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH 360 CLINIC MANAGEMENT, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE, AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT. CERTAIN PARTS OF THE PLATFORM MAY BE SUBJECT TO “FREE SOFTWARE LICENSES” OR “OPEN SOURCE SOFTWARE LICENSES.” SUCH COMPONENTS WILL BE GOVERNED BY THE TERMS OF THEIR RESPECTIVE LICENSES AND NOT BY THESE TERMS.

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (WHERE APPLICABLE) (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY YOU REPRESENT) AND 360 CLINIC MANAGEMENT INC. AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS, AND ASSIGNS (HEREINAFTER REFERRED TO AS “360 CLINIC MANAGEMENT,” “WE” OR “US”). THESE TERMS WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH 360 CLINIC MANAGEMENT RELATED TO THE PLATFORM.

360 Clinic Management reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

360 Clinic Management provides the Platform solely for your business use, without any promise of exclusivity. 360 Clinic Management’s customers, users, entrepreneurs, affiliate marketers, experts, and partners are not 360 Clinic Management’s employees, contractors, or representatives. 360 Clinic Management is not responsible for any interactions between you and your customers, other than providing access to the Platform. 360 Clinic Management is not liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.

1. Use of the Platform

1.1. Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if you are an employee, partner, or director of our Competitors or intend to access the Platform in order to compete with it.

1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, you are the owner of the Platform account unless you are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform account. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these terms. If multiple parties claim to be the “owner” of a particular Platform account, 360 Clinic Management will deem the owner to be the person who can demonstrate their ownership (in whole or in part) of the underlying business entity for which the Platform account was created by providing government-issued documentation of such ownership. If 360 Clinic Management is unable to determine the rightful owner of the Platform account, 360 Clinic Management reserves the right to suspend or terminate the Platform account until the disputing parties have mutually agreed on ownership or until a court has ordered 360 Clinic Management to grant access to a specific individual.

1.3. Intended Use. You and your customers may use the Platform only for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents, and customers will not misrepresent the Platform or the Services; (v) You will ensure that your employees with access to the Platform account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms; (vi) You own or control all rights in and to all content you provide to 360 Clinic Management, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers; and (viii) You will not give access to the Platform or Services to a direct Competitor of 360 Clinic Management; (ix) You will not decompile, disassemble, or reverse engineer the source code, object code, or underlying structure, ideas, know-how, or algorithms; (x) You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us); and (xi) You will not remove any proprietary notices or labels.

1.4. Compliance: You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and information, including Information, made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to HIPAA and other data privacy laws. 360 Clinic Management is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other similar laws and regulations.

1.5. Privacy. By using the Platform and providing Information on or through the Platform, you consent to 360 Clinic Management’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that 360 Clinic Management has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing a level of protection at least equal to that provided to you by 360 Clinic Management.

1.6. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform account and Login Credentials, whether or not authorized by you. You agree to notify 360 Clinic Management immediately of any unauthorized access to or use of your Platform account or Login Credentials or any other breach of security. 360 Clinic Management reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in 360 Clinic Management’s opinion, you have violated any provision of these Terms. Platform accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform account with your Login Credentials. You give consent to 360 Clinic Management to access and monitor your Platform account and your customer’s accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.

1.7 Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities, and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If you use these features, you agree that you are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to the Telephone Consumer Protection Act (“TCPA”), the Do Not Call Registry Rules, and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. 360 Clinic Management is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. 360 Clinic Management is a technology platform communication service application provider ONLY. 360 Clinic Management does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication methods. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email, or otherwise, are created by and initiated by you and/or your customers, whether generated by you or sent automatically via the Platform at your direction.

1.8 Third Party Services. You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third-Party Services through the Platform, you grant permission to 360 Clinic Management to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third-Party Services through the Platform. You also represent and warrant that you have the appropriate consents for importing any data (including data of your customers) that you request 360 Clinic Management to import from other Third-Party Services and/or are the rightful owner of such data. 360 Clinic Management is not responsible for, and 360 Clinic Management hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether 360 Clinic Management endorses, approves, promotes, or supports any such Third-Party Services. You hereby irrevocably waive any claim against 360 Clinic Management with respect to the content or operation of any Third-Party Services. Your use of the Third-Party Services is governed by your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with any terms of use, privacy policies, or other terms governing your use of these Third-Party Services, which you use at your own risk. 360 Clinic Management disclaims all liability related to outages or downtime of Third-Party Services.

1.9 Third Party Content. The Platform may include Third-Party Content. Your use of Third-Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third-Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of 360 Clinic Management. 360 Clinic Management is not responsible for Third-Party Content and makes no endorsements, representations, or warranties and assumes no liability, obligation, or responsibility for Third-Party Content. You are responsible for ensuring that your engagement or transactions with Third-Party Content is in compliance with these Terms and any applicable laws.

1.10 Excessive Use Restrictions; Trials. 360 Clinic Management provides access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in 360 Clinic Management’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in any way, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if 360 Clinic Management’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services; and/or (3) reduce the amount of data you are able to use.

Trial periods are not intended to be used consecutively. If we discover that you are doing back-to-back trials to avoid paying a subscription fee, then, without prejudice to any other remedies available under law, 360 Clinic Management reserves the right to suspend or terminate your use of the Platform or Services and further ban you from using the Platform or Services at 360 Clinic Management’s sole discretion.

1.11 Platform Updates. 360 Clinic Management reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on 360 Clinic Management’s future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.

1.12 International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. 360 Clinic Management makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic sanctions and export control laws, rules, and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (collectively, “Export Control Laws”). By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Services, or any software or technology that supports the Platform or your content, or the Platform Content violating any such Export Control Laws. Specifically, and without limitation, the Platform, the Services, or any software or technology that supports the Platform, or your content, or Platform Content may not be exported, transferred, or released, or provide access (a) into any U.S. embargoed countries (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions, Russia and Belarus (a “Prohibited Jurisdiction”); or (b) to anyone included in the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable restricted party lists.

You represent, warrant, and covenant that (i) You are not named on, or owned or controlled by any party named on, any U.S. government’s (or other government’s or international body’s) list of persons or entities prohibited from receiving U.S. exports or transacting with any U.S. person, (ii) You are not a national of, located in, or an entity (or a director/employee/agent/representative of such entity) registered in, any Prohibited Jurisdiction, or an entity that is or has been greater than 50% owned or controlled by any person or persons described in Clause (i) or (ii) and are not Military End Users and will not put 360 Clinic Management or the Platform to a Military End Use, as defined in 15 C.F.R. 744.21, (iii) You will not permit your users to access or use the Platform and/or Service or provide any services to any person(s) in violation of any Export Control Laws, (iv) no user data created or submitted by you is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws, and (v) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You and your Users are located. You further agree that You will not use the Platform and/or Services to disclose, transfer, download, export, or re-export, directly or indirectly, any of your user data or your content to any country, entity, or other party that is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which You may be subject. You acknowledge that the Platform and/or Service and other software may not be available in all jurisdictions and that You are solely responsible for complying with the Export Control Laws. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited. We reserve the right to terminate access to any Platform account that we determine to be a prohibited end-user or engaging in prohibited end-use, without any liability to such user.

If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

360 Clinic Management
ATTN: Legal Department
14951 Dallas Pkwy Suite 190,
Dallas, Texas 75254

Email: [email protected]