TeleCurbMD Platform Terms of Service

Effective Date: June 16, 2026

1. Introduction; Acceptance of These Terms

These Terms of Service (these "Terms") are a binding legal agreement between you and TeleCurbMD Management LLC, a Delaware limited liability company ("TeleCurbMD," "we," "us," or "our"), and govern your access to and use of the TeleCurbMD platform, websites, mobile interfaces, and related services (collectively, the "Platform").

By clicking to accept these Terms, creating an account, or accessing or using the Platform, you: (a) affirm that you have read and understand these Terms; (b) agree to be bound by these Terms without limitation or qualification; and (c) represent that you are at least 18 years of age and legally competent to enter into contracts. If you do not agree to all of these Terms, you are not authorized to access or use the Platform.

Our Privacy Policy describes how we collect, use, and protect personal information and is incorporated into these Terms by reference. The use and disclosure of protected health information ("PHI," as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended, "HIPAA") processed through the Platform are governed by HIPAA and the applicable business associate agreements between us, our affiliated professional entity, and participating healthcare organizations. In the event of any conflict between these Terms and an applicable business associate agreement with respect to PHI, the business associate agreement controls. These Terms continue to govern your access to and use of the Platform, including security and acceptable use obligations, including where PHI is involved.

2. Important Healthcare Disclaimers

PLEASE READ THIS SECTION CAREFULLY.

(a) TeleCurbMD Management LLC is a technology and administrative services company. We are not a healthcare provider, we do not practice medicine, and we do not provide medical advice, diagnosis, or treatment.

(b) The Platform facilitates asynchronous, advisory consultations between licensed healthcare professionals. Specialist responses provided through the Platform constitute advisory opinions only. They do not establish a physician-patient relationship between any specialist and any patient. The responding specialist has not examined the patient, has not reviewed the patient's complete medical record, and assumes no responsibility for the patient's diagnosis or treatment. All diagnostic, prescribing, and treatment decisions remain the sole responsibility of the requesting clinician.

(c) Clinical consultation services available through the Platform are provided by independently licensed, board-certified physicians engaged by participating professional entities. TeleCurbMD Management LLC does not direct, control, or interfere with the professional judgment of any licensed clinician.

(d) The Platform is asynchronous and is not intended for urgent or emergent clinical matters. If a patient requires urgent or emergent care, the requesting clinician should follow standard clinical and emergency protocols. Do not use the Platform for any matter requiring immediate attention.

(e) Patients are not users of the Platform. The Platform provides no patient-facing services, and nothing available through the Platform is directed to patients or the general public.

(f) Certain Platform features may use automated or artificial intelligence technologies to support workflow. These features are tools only; they do not provide medical advice, and all clinical judgment remains with licensed users.

3. Eligibility; User Categories; Related Agreements

3.1 Eligibility

Access to and use of the Platform is limited to individuals who are: (a) at least 18 years of age; (b) located in the United States; and (c) either (i) licensed healthcare professionals or authorized personnel of a healthcare organization that has entered into a written services agreement covering use of the Platform, or (ii) independently contracted specialist physicians engaged to provide consultation services through the Platform. Access is limited to individuals who have been issued credentials for the Platform.

3.2 Authorized Users

If you access the Platform through or on behalf of a healthcare organization that has entered into a services agreement covering use of the Platform (a "Client Organization" and such agreement, a "Services Agreement"), you represent that you are authorized by that Client Organization to use the Platform, and your use is also subject to the applicable Services Agreement.

3.3 Specialist Users

If you provide consultation services through the Platform as an independently contracted specialist, your engagement is governed by your specialist services agreement (your "Specialist Agreement"), and these Terms apply to your access to and use of the Platform.

3.4 Order of Precedence

If these Terms conflict with another applicable agreement: (a) a Specialist Agreement controls with respect to the specialist's provision of professional services; (b) a Services Agreement controls with respect to the commercial terms between the Client Organization and the contracting entity; (c) the End User License Agreement controls with respect to the platform software license granted therein; and (d) these Terms control with respect to access to and use of the Platform. Silence or greater specificity in one document shall not be considered a conflict with another.

3.5 No Patient Use

Patients are not permitted to access or use the Platform. You agree not to provide Platform access to any patient or member of the general public.

4. Accounts; Credentials; Security

4.1 You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. Changes to your account email address require verification.

4.2 Your login credentials are personal to you. You will not share your credentials with any other person or permit any other person to access the Platform using your credentials. You are responsible for all activity that occurs under your credentials. You must promptly notify us of any lost or stolen credentials or any suspected unauthorized use of your account, through the Platform's support function or at legal@telecurbmd.com.

4.3 We may require multi-factor authentication for certain user roles. Sessions may automatically expire after a period of inactivity.

4.4 We may suspend or revoke your access as described in Section 12.

5. License; Acceptable Use

5.1 License

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for authorized professional purposes consistent with these Terms and any applicable Services Agreement or Specialist Agreement. We reserve all rights not expressly granted. We may revoke this license as provided in these Terms.

5.2 Acceptable Use

You agree that you will not, and will not permit or authorize any third party to:

• use the Platform for any purpose that is unlawful or not expressly authorized by these Terms;
• share your credentials or permit any other person to access the Platform through your account;
• submit any information that you do not have the legal right or authorization to provide;
• use or disclose PHI except as permitted by HIPAA, applicable law, and the applicable business associate agreement, and limited to the minimum necessary for the purpose of the consultation;
• access or attempt to access any account, system, or data that you are not authorized to access, or probe, scan, or test the vulnerability of the Platform or any related system or network;
• interfere with or disrupt the integrity or performance of the Platform, or upload or transmit viruses, malware, or other harmful code;
• use any robot, spider, scraper, or other automated means to access the Platform, or bypass any technical measures we use to restrict access;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or algorithms of the Platform;
• copy, reproduce, modify, distribute, sell, sublicense, or create derivative works of the Platform or any content available through it, or use the Platform to develop a competing product or service;
• remove or alter any proprietary notices, or use our trademarks or branding without our prior written consent;
• misrepresent your identity, credentials, or affiliation, or state or imply that you are affiliated with or endorsed by us without authorization;
• use the Platform to send unsolicited or misattributed messages; or
• use the Platform in violation of any applicable law, including the federal Anti-Kickback Statute, the Stark Law, and federal and state privacy and security laws.

5.3 Monitoring and Logging

We are not obligated to monitor use of the Platform, but we reserve the right to do so for purposes of operating, securing, and improving the Platform, ensuring compliance with these Terms, and complying with applicable law. Platform activity is logged for security, compliance, and quality assurance purposes.

6. Clinical Information; Records; Quality Assurance

6.1 Your Content

As between you and us, you and the applicable Client Organization retain ownership of the information you submit through the Platform ("Your Content"). You grant us a non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content to authorized recipients, and to use Your Content as necessary to provide, secure, and improve the services, comply with applicable law, and perform under the applicable agreements.

6.2 Accuracy and Authority

You represent and warrant that: (a) Your Content is accurate and complete to the best of your knowledge; (b) you have all rights and authorizations necessary to submit Your Content, including any patient information submitted on behalf of a Client Organization; and (c) Your Content does not infringe or misappropriate the rights of any person or entity.

6.3 Medical Records; Retention; No Deletion of Clinical Records

Consultation records created through the Platform are clinical records and form part of the patient's medical record maintained by the relevant Client Organization. Consultation records are retained in accordance with applicable law, professional record retention obligations, and the applicable agreements. Once a consultation is complete, its record may not be altered. Individual users may not require the deletion of clinical consultation records; any requests concerning such records are governed by the applicable Services Agreement and applicable law.

6.4 Quality Assurance

Platform activity and communications may be reviewed for quality assurance, security, and compliance purposes, including quality improvement and peer review activities conducted in accordance with applicable agreements and law. You agree to the confidentiality of such reviews to the fullest extent permitted by law.

6.5 De-Identified Data

Information that has been de-identified in accordance with HIPAA may be used for product improvement, analytics, research, and development as permitted by applicable law and the applicable agreements.

6.6 Support

Support requests should be submitted through the Platform's support function. Support communications are handled within our compliance framework and may contain PHI; do not submit PHI through channels other than the Platform.

7. Communications; Consent to Email and Text Messages

7.1 When you use the Platform, you consent to receive communications from us electronically, including by email, text message (SMS), and messages within the Platform. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

7.2 TeleCurbMD Platform Notifications. By providing a mobile telephone number and enabling SMS notifications, you consent to receive recurring transactional text messages from TeleCurbMD related to your use of the Platform, including account-related notices, consultation activity notifications, and operational reminders. Message frequency varies with your Platform activity. Message and data rates may apply. Carriers are not liable for any delayed or undelivered messages.

7.3 Reply STOP at any time to opt out of text messages. Reply HELP for help, or contact support at support@telecurbmd.com.

You may also manage your notification preferences in your account settings. Certain user categories are required to maintain at least one active notification channel as a condition of Platform participation, as set forth in the applicable agreement; for such users, opting out of all notification channels may limit or suspend Platform access.

7.4 Platform notifications are designed to exclude patient-identifying information. Text messaging originator opt-in data and consent will not be shared with or sold to any third parties or affiliates for marketing or promotional purposes. For more information about how we handle your information, see our Privacy Policy.

7.5 Marketing communications, if any, are governed by our Privacy Policy and include opt-out instructions.

8. Intellectual Property; Feedback

8.1 As between you and us, we and our licensors exclusively own all rights, title, and interest (including all intellectual property rights) in and to the Platform and all software, content, information, text, graphics, and other materials available through the Platform, excluding Your Content (collectively, "Platform Content"). Except for the limited license granted in Section 5.1, nothing in these Terms grants you any right, title, or interest in the Platform or Platform Content.

8.2 All trademarks, trade names, and logos appearing on or through the Platform are owned by or licensed to us. You may not use or display any such marks without our prior written permission.

8.3 If you provide comments, suggestions, ideas, or other feedback, you grant us an unrestricted, irrevocable, perpetual, royalty-free right to use it for any purpose without compensation or attribution.

9. Third-Party Services and Links

The Platform may contain links to or integrations with third-party websites, products, or services. We do not control and are not responsible for third-party sites or services, and links do not constitute endorsement. Your use of third-party sites and services is at your own risk and subject to their terms and privacy policies.

10. Changes to the Platform

We may modify, suspend, or discontinue any aspect or feature of the Platform at any time. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any feature, except as may be expressly provided in an applicable Services Agreement.

11. Changes to These Terms

We may update these Terms from time to time. If changes materially alter your rights, we will provide notice by posting on the Platform or by email to the address associated with your account. Changes will not have retroactive effect unless we are legally required to do so. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Platform.

12. Suspension; Termination

12.1 We may suspend or terminate your access to the Platform at any time, with or without notice, if: (a) we determine that you have violated these Terms; (b) we determine that your use creates risk or possible legal exposure for us; (c) we are required to do so by law or in response to a request by law enforcement or another government agency; (d) the applicable Services Agreement or Specialist Agreement expires or is terminated; (e) we discontinue or materially modify the Platform; or (f) unexpected technical or security issues arise.

12.2 You may stop using the Platform at any time. Requests to deactivate an account are handled through the applicable Client Organization or in accordance with the applicable agreement.

12.3 Upon termination, the license granted to you under these Terms ends and you must immediately discontinue use of the Platform. Clinical consultation records are retained in accordance with Section 6.3 and are not deleted upon termination of your access. Any provision of these Terms that by its nature should survive termination shall survive, including Sections 2, 3.4, 5.2, 6, 8, and 13 through 17.

13. Disclaimer of Warranties

THE PLATFORM AND ALL PLATFORM CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION AVAILABLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT. ANY SERVICE COMMITMENTS, IF ANY, ARE SOLELY AS SET FORTH IN THE APPLICABLE SERVICES AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY PROFESSIONAL ADVICE RENDERED BY ANY INDEPENDENT CLINICIAN.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING LIMITATIONS IS HELD UNENFORCEABLE, OUR TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US FOR USE OF THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND US.

15. Indemnification

You agree to defend, indemnify, and hold harmless TeleCurbMD Management LLC and its affiliates, and their respective officers, directors, employees, and agents, from and against all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) Your Content; (c) your use or misuse of the Platform; or (d) your violation of applicable law or the rights of any third party.

16. Dispute Resolution; Arbitration; Class Action Waiver

16.1 Informal Resolution. Before initiating arbitration, you agree to first contact us at legal@telecurbmd.com with a written description of the dispute and the relief sought, and to allow thirty (30) days for the parties to attempt in good faith to resolve the dispute.

16.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform that is not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single neutral arbitrator. The arbitration shall take place in Los Angeles County, California, provided that the parties may agree to conduct proceedings by telephone, videoconference, or written submissions. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

16.4 Jury Waiver. BY AGREEING TO THESE TERMS, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

16.5 Exceptions. Either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect intellectual property rights, confidential information, or the security of the Platform, pending the completion of arbitration.

16.6 Small Claims. Notwithstanding Section 16.2, either party may bring an individual claim in small claims court in Los Angeles County, California, if the claim qualifies for that court's jurisdiction.

16.7 Limitation on Time to Bring Claims. Any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the claim arose, or it is permanently barred.

17. General

17.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

17.2 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in violation of this Section is void. We may freely assign these Terms.

17.3 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.4 Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Waivers are effective only if in writing and signed by us.

17.5 Entire Agreement. These Terms, together with the Privacy Policy and any applicable Services Agreement, Specialist Agreement, or end user license agreement, constitute the entire agreement between you and us regarding the Platform, subject to the order of precedence in Section 3.4.

17.6 Force Majeure. We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, epidemics, war, terrorism, civil disorder, labor disputes, governmental action, power or network failures, or other disasters.

17.7 Relationship of the Parties. Nothing in these Terms creates any employment, agency, partnership, or joint venture relationship between you and us.

17.8 Notices. We may provide notices to you by posting on the Platform or by email to the address associated with your account. We are not responsible for notices not received due to email filtering or your failure to maintain a current email address. Notices to us must be sent to TeleCurbMD Management LLC, Attn: Legal, 10880 Wilshire Blvd, Suite 1101, Los Angeles, CA 90024, or legal@telecurbmd.com.

17.9 Interpretation. Headings are for convenience only. A printed version of these Terms and of any electronic notice is admissible in any proceeding to the same extent as other business records.

17.10 United States Use Only. The Platform is intended for use in the United States only.

18. Copyright Complaints

We respect intellectual property rights. If you believe that material available through the Platform infringes your copyright, please send a notice containing the information required by the Digital Millennium Copyright Act to legal@telecurbmd.com.

19. Contact

If you have questions about these Terms, contact us at:

TeleCurbMD Management LLC

Attn: Legal

10880 Wilshire Blvd, Suite 1101

Los Angeles, CA 90024

legal@telecurbmd.com

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