Terms of Use

1. Acceptance of Terms

Welcome to GetFitHealth. By accessing or using our website, platforms, or services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and GetFitHealth, Inc. ("GetFitHealth," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

2. Description of Services

GetFitHealth provides healthcare technology solutions, including:

• Custom healthcare software development
• AI-powered health platforms and applications
• HIPAA-compliant patient portals and management systems
• Healthcare business consultation and digital transformation services
• Health and wellness technology platforms

Our Services are designed for healthcare providers, medical practices, wellness businesses, and healthcare organizations. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice.

3. Eligibility and Account Registration

3.1 Eligibility

You must meet the following requirements to use our Services:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable law
• Comply with all local, state, national, and international laws

3.2 Account Registration

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4. Acceptable Use Policy

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any unlawful or fraudulent purpose
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems or networks
• Upload or transmit viruses, malware, or malicious code
• Collect or harvest information about other users
• Impersonate any person or entity
• Engage in any activity that could harm minors
• Reverse engineer, decompile, or disassemble any software
• Use automated systems to access the Services without permission

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of GetFitHealth and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include any right to:

• Resell or make commercial use of the Services
• Modify, copy, or create derivative works
• Download or copy account information for the benefit of another party
• Use data mining, robots, or similar data gathering tools

5.3 User Content

You retain ownership of any content you submit to the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Services.

6. HIPAA Compliance and Healthcare Data

For healthcare providers and covered entities using our Services, we act as a Business Associate under HIPAA. Our handling of Protected Health Information (PHI) is governed by our Business Associate Agreement (BAA), which incorporates additional terms and obligations.

Key HIPAA-related provisions:

• We implement appropriate administrative, physical, and technical safeguards
• We will only use and disclose PHI as permitted by the BAA and HIPAA
• We will report any security incidents or breaches as required by law
• We will make PHI available to individuals as required by HIPAA

7. Payment Terms

7.1 Fees and Billing

Certain Services may require payment of fees. You agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable unless otherwise stated.

7.2 Subscription Services

For subscription-based Services, you authorize us to charge your payment method on a recurring basis. You may cancel your subscription at any time, but you will not receive a refund for any unused portion of the subscription period.

7.3 Price Changes

We reserve the right to change our fees at any time. We will provide you with reasonable notice of any fee changes, and your continued use of the Services after the effective date constitutes acceptance of the new fees.

8. Warranties and Disclaimers

8.1 Services "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Medical Advice

THE SERVICES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

8.3 No Guarantee

We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Services will be accurate or reliable.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GETFITHEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless GetFitHealth, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California.

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and GetFitHealth individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Miscellaneous

13.1 Entire Agreement

These Terms constitute the entire agreement between you and GetFitHealth regarding the Services and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

For questions about these Terms, please contact us:

• Email: hello@getfithealth.co
• Phone: (678) 786-7368
• Mail: GetFitHealth, Inc., Atlanta, GA, United States