Terms of Service - Effective 07.15.24

1. Relationship with TULIP HEALTH GROUP LLC

“Tulip” is a product of Tulip Health Group LLC.(“TULIP HEALTH GROUP LLC”). Patient's use of Tulip's products, software, services, and websites (referred to collectively as the “Services” in this document and excluding any services provided to Patient by TULIP HEALTH GROUP LLC under a separate written agreement) is subject to the Terms of the Agreement for Services between Patient and TULIP HEALTH GROUP LLC (the “Agreement”) and these Terms of Service.

2. Provision of the Services

2.1. TULIP HEALTH GROUP LLC has subsidiaries, affiliated legal entities, and contractors around the world (“Subsidiaries, Affiliates, and Contractors”). Sometimes, these Subsidiaries, Affiliates, and Contractors will be providing the Services to Patient. Patient acknowledges and agrees that Subsidiaries, Affiliates and Contractors will be entitled to provide the Services to Patient.

2.2. TULIP HEALTH GROUP LLC is constantly innovating in order to provide the best possible experience for its users. Patient acknowledges and agrees that the form and nature of the Services which TULIP HEALTH GROUP LLC provides may change from time to time without prior notice to Patient.

2.3. Patient acknowledges and agrees that while TULIP HEALTH GROUP LLC may not currently have set a fixed upper limit on the number of transmissions Patient may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by TULIP HEALTH GROUP LLC at any time, at TULIP HEALTH GROUP LLC's discretion.

3. Use of the Services by Patient

3.1. In order to access certain Services, Patient may be required to provide information about itself (such as identification or contact details) as part of the registration process for the Service, or as part of Patient's continued use of the Services. Patient agrees that any registration information Patient gives to TULIP HEALTH GROUP LLC will always be accurate, correct and up to date.

3.2. Patient agrees to use the Services only for purposes that are permitted by (a) the Terms of the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

3.3. Patient agrees not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TULIP HEALTH GROUP LLC, unless Patient has been specifically allowed to do so in a separate agreement with TULIP HEALTH GROUP LLC. Patient specifically agrees not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that Patient complies with the instructions set out in any robots.txt file present on the Services. Patient agrees that any unauthorized access to the Services by Patient shall result in either 1) termination of Agreement with Patient; or 2) Patient's immediate cessation, at the direction of TULIP HEALTH GROUP LLC, of such unauthorized access and Patient's indemnification of TULIP HEALTH GROUP LLC for the cost of enforcement.

3.4. Patient agrees that Patient will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

3.5. Unless Patient has been specifically permitted to do so in a separate agreement with TULIP HEALTH GROUP LLC, Patient agrees that Patient will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

3.6, Patient agrees that Patient is solely responsible for (and that TULIP HEALTH GROUP LLC has no responsibility to Patient or to any third party for) any breach of Patient's obligations under the Terms of the Agreement and for the consequences (including any loss or damage which TULIP HEALTH GROUP LLC may suffer) of any such breach.

3.7. Patient agrees and understands that the Patient's use of the Services is at Patient's sole risk and that the Services are provided “AS IS” and “AS AVAILABLE.”

3.8. Patient agrees and understands that TULIP HEALTH GROUP LLC (or its Subsidiaries, Affiliates, and Contractors) do not warrant or represent that: 1) the Patient's use of the Services will meet the Patient's requirements, 2) the Patient's use of the Services will be uninterrupted, timely, secure or free from error, 3) any information obtained by Patient as a result of Patient's use of the Services will be accurate, reliable, or complete, and 4) that defects in the operation or functionality of any software provided to Patient as part of the Services will be corrected.

3.9. Patient agrees and understands that any material downloaded or otherwise obtained through the use of the Services is done at the Patient's own discretion and risk and that Patient will be solely responsible for any damage to Patient's computer system or other device or loss of data that results from the download of any such material.

3.10. Patient agrees and understand that no advice or information, whether oral or written, obtained by Patient from TULIP HEALTH GROUP LLC or through or from the Services shall create any warranty not expressly stated in the Agreement or Terms of Service.

3.11. Patient agrees and understands that TULIP HEALTH GROUP LLC (or its Subsidiaries, Affiliates, and Contractors) are not responsible for any loss or damage which may be incurred by Patient, including but not limited to loss or damage as a result of: 1) any reliance placed by Patient on the completeness, accuracy or existence of any content; 2) any changes which TULIP HEALTH GROUP LLC may make to the Services, or any permanent or temporary cessation in the provision of the Services (of any features within the Services); 3) the deletion of, corruption of , or failure to store, any content and other communications data maintained or transmitted by or through Patient's use of the Services; 4) Patient's failure to provide TULIP HEALTH GROUP LLC accurate account information; and 5) Patient's failure to keep Patient's password or account details secure and confidential.

4. Patient's Passwords and Account Security

4.1. Patient agrees and understands that Patient is responsible for maintaining the confidentiality of passwords associated with any account Patient uses to access the Services.

4.2. Accordingly, Patient agrees that Patient will be solely responsible to TULIP HEALTH GROUP LLC for all activities that occur under Patient's account.

4.3 If Patient becomes aware of any unauthorized use of Patient's passwords or of Patient's account, Patient agrees to notify TULIP HEALTH GROUP LLC immediately.

5. Privacy and Patient's personal information

5.1. For information about TULIP HEALTH GROUP LLC's data protection practices, please read TULIP HEALTH GROUP LLC's Privacy Policy. This policy explains how TULIP HEALTH GROUP LLC treats Patient's personal information and the personal information of Patient's patients and protects Patient's privacy and the privacy of Patient's patients, when Patient uses the Services.

5.2. Patient agrees to the use of Patient's data in accordance with TULIP HEALTH GROUP LLC's privacy policies.

6. Content in the Services

6.1. Patient understands that the accuracy, reliability, and completeness of information (such as data files, written text, computer software, etc.) which Patient may have access to as part of, or through Patient's use of, the Services are Patient's sole responsibility and not the responsibility of TULIP HEALTH GROUP LLC. All such information is referred to below as the “Content”.

6.2. Patient should be aware that Content presented to Patient as part of the Services may be protected by intellectual property rights which are owned by the sponsors who provide that Content to TULIP HEALTH GROUP LLC (or by other persons or companies on their behalf). Patient may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Content (either in whole or in part) unless Patient has been specifically told that Patient may do so by TULIP HEALTH GROUP LLC or by the owners of that Content, in a separate agreement.

6.3. TULIP HEALTH GROUP LLC reserves the right (but shall have no obligation) to, review, flag, filter, modify, refuse, or remove any or all Content from any Service.

6.4. Patient agrees that Patient is solely responsible for (and that TULIP HEALTH GROUP LLC has no responsibility to Patient or to any third party for) any Content that Patient creates, transmits, or displays while using the Services and for the consequences of Patient's actions (including any loss or damage which TULIP HEALTH GROUP LLC may suffer) by doing so.

6.5. Patient understands that the Services may include hyperlinks to other web sites or content or resources. TULIP HEALTH GROUP LLC may have no control over any web sites or resources which are provided by companies or persons other than TULIP HEALTH GROUP LLC.

6.6. Patient acknowledges and agrees that TULIP HEALTH GROUP LLC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources. Further, Patient acknowledges and agrees that TULIP HEALTH GROUP LLC is not liable for any loss or damage which may be incurred by Patient as a result of the availability of those external sites or resources, or as a result of any reliance placed by Patient on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such web sites or resources.

7. Proprietary rights

7.1. Patient acknowledges and agrees that TULIP HEALTH GROUP LLC (or TULIP HEALTH GROUP LLC's Subsidiaries, Affiliates, and Contractors) owns all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Patient further acknowledges that the Services may contain information, which is designated confidential by TULIP HEALTH GROUP LLC, and that Patient shall not disclose such information without TULIP HEALTH GROUP LLC's prior written consent.

7.2 Patient acknowledges and agrees that TULIP HEALTH GROUP LLC (or TULIP HEALTH GROUP LLC's Subsidiaries, Affiliates, and Contractors) owns all legal right, title, and interest in and to the De-identified Data which is created by TULIP HEALTH GROUP LLC from Patient's Data through the De-identification process. Patient further acknowledges and agrees that it has no ownership, rights, or interests in or to the De-identified Data and the use or exploitation in any form known or unknown, of the De-identified Data, is expressly reserved to TULIP HEALTH GROUP LLC.

7.3. Unless Patient has agreed otherwise in writing with TULIP HEALTH GROUP LLC, nothing in these Terms of Service give Patient the right to use any of TULIP HEALTH GROUP LLC's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

7.4. If Patient has been given an explicit right to use any of these brand features in a separate written agreement with TULIP HEALTH GROUP LLC, then Patient agrees that Patient's use of such features shall be in compliance with that agreement, any applicable provisions of the Terms of Service, and TULIP HEALTH GROUP LLC's brand feature use guidelines as updated from time to time. These guidelines will be set forth in any such separate written agreement.

7.5. Patient acknowledges and agrees that, except as set forth in the Agreement, TULIP HEALTH GROUP LLC obtains all right, title or interest with Patient (or Patient's licensors) under these Terms of Service in or to any Content that Patient submits, posts, transmits or displays on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless Patient has agreed otherwise in writing with TULIP HEALTH GROUP LLC, Patient agrees that Patient is responsible for protecting and enforcing Patient's share of those rights and that TULIP HEALTH GROUP LLC has no obligation to do so on Patient's behalf.

7.6. Patient agrees that Patient shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

7.7. Unless Patient has been expressly authorized to do so in writing by TULIP HEALTH GROUP LLC, Patient agrees that in using the Services, Patient will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

8. Software updates

TULIP HEALTH GROUP LLC may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

9. Updates to the Terms of Service

9.1. TULIP HEALTH GROUP LLC may update the Terms of Service from time to time. When these updates are made, TULIP HEALTH GROUP LLC will make them available to Patient from within, or through, the affected Services.

9.2. Patient understands and agrees that if Patient uses the Services after the updates have been made, TULIP HEALTH GROUP LLC will treat Patient's use as acceptance of the updated Terms of Service.

10. Contact Us

If you have any questions about these Terms of Service, please contact us at: support@tuliphealth.com

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