Terms of Service

Welcome to Flexway.

These Terms of Service ("Terms") govern access to and use of the Flexway platform, software, applications, patient-facing applications, integrations, analytics systems, artificial intelligence systems, operational support services, websites, and related services (collectively, the "Services") provided by Flexway LLC ("Flexway", "we", "our", or "us").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Services.

Flexway is a technology platform for healthcare practices. Flexway provides Continuous Care Infrastructure, patient engagement technology, analytics and intelligence systems, artificial intelligence tools, operational support, fulfillment coordination, logistics coordination, integrations, and related technology services designed to help healthcare practices operate, coordinate, monitor, and scale their own care programs.

Flexway may provide:

• Practice management tools
• Patient engagement applications
• Analytics and reporting tools
• Artificial intelligence functionality
• Communication tools
• Device integrations
• Product integrations
• Operational support services
• Fulfillment coordination
• Logistics coordination
• Customer support services
• Program administration tools

Flexway may provide patient-facing applications on behalf of healthcare practices. Such applications may be branded under the healthcare practice's own name, identity, and brand.

Healthcare practices are customers of Flexway. Patients are customers or patients of the healthcare practice, not customers of Flexway.

Patients generally access Flexway-powered applications only through invitation, enrollment, or authorization by a healthcare practice.

Healthcare practices control patient enrollment, participation, and access to care programs delivered through the Services.

Flexway does not own patient-provider relationships. Patient-provider relationships exist solely between patients and the applicable healthcare practice, healthcare provider, or healthcare organization.

Flexway is a technology company.

Flexway does not provide:

• Medical services
• Medical advice
• Medical diagnoses
• Medical treatment
• Prescriptions
• Treatment plans
• Clinical recommendations
• Clinical decision-making
• Professional healthcare services

Healthcare providers and healthcare organizations remain solely responsible for medical care, diagnoses, treatment plans, prescriptions, patient communications, medical records, and all clinical decisions.

Nothing within the Services creates a physician-patient relationship with Flexway.

Healthcare providers and healthcare practices retain ownership of their clinical methodologies, treatment approaches, care programs, questionnaires, workflows, educational materials, healthcare content, and related practice materials.

Healthcare practices grant Flexway a limited license to host, process, display, transmit, reproduce, and otherwise use such materials only as necessary to provide, operate, secure, support, and improve the Services.

Flexway does not own clinical methodologies, treatment programs, or healthcare content supplied by healthcare practices, except for Flexway technology, platform intelligence, analytics, tooling, templates, and systems independently created by Flexway.

The Services may use artificial intelligence, machine learning, computer vision, speech processing, natural language processing, predictive analytics, and related technologies.

Artificial intelligence systems may assist healthcare practices by:

• Organizing information
• Summarizing information
• Building patient timelines
• Identifying trends
• Identifying adherence issues
• Identifying workflow opportunities
• Generating cohorts
• Producing analytics
• Producing operational insights

Artificial intelligence outputs are informational and operational tools only.

Artificial intelligence outputs are not:

• Medical advice
• Diagnoses
• Prescriptions
• Treatment plans
• Clinical instructions

Healthcare providers remain solely responsible for independently reviewing all information and making all medical and clinical decisions.

Flexway may modify, replace, update, improve, or discontinue artificial intelligence providers, artificial intelligence models, artificial intelligence systems, infrastructure providers, vendors, suppliers, service providers, or related technologies from time to time.

Healthcare practices own patient information submitted through the Services, subject to applicable law and contractual obligations.

Flexway owns all rights, title, and interest in:

• Platform analytics
• Benchmark reports
• De-identified intelligence systems
• Machine learning models
• Artificial intelligence systems
• Platform intelligence
• Aggregated insights
• Operational intelligence systems
• Flexway technology

Customer data and patient information remain distinct from Flexway-generated intelligence, de-identified analytics, aggregated insights, operational intelligence, and Flexway technology.

Healthcare practices may create and manage patient accounts through the Services. Patient accounts are maintained on behalf of healthcare practices.

Healthcare practices control access to patient accounts and patient participation in practice-sponsored programs.

Flexway reserves the right to suspend, restrict, disable, or terminate patient accounts or practice accounts for:

• Fraud
• Abuse
• Security concerns
• Unlawful activity
• Violations of these Terms
• Non-payment
• Conduct harmful to Flexway, healthcare practices, users, or other parties

Users may submit information including:

• Messages
• Photos
• Documents
• Recordings
• Device data
• Questionnaires
• Comments
• Community content
• Other submitted materials

Users remain responsible for all content they submit.

Users may not submit content that:

• Violates law
• Infringes intellectual property rights
• Contains malicious software
• Contains harassment or threats
• Contains unlawful material

Flexway may remove content that violates these Terms.

Healthcare practices may enable community features, group participation, educational communities, peer support environments, or other collaborative functionality.

Participation in such communities is voluntary.

Healthcare practices determine whether such features are enabled.

Flexway does not independently create, manage, or require participation in communities.

Users remain responsible for their interactions with other users.

The Services may connect users with:

• Devices
• Products
• Pharmacies
• Laboratories
• Fulfillment providers
• Logistics providers
• Service providers
• Partners

Flexway may act as a technology provider, operational coordinator, fulfillment coordinator, logistics coordinator, or merchant of record for certain non-medical products or services.

Medical services are provided by independent healthcare providers and healthcare organizations.

Healthcare providers remain solely responsible for all medical decisions involving products, treatments, prescriptions, devices, or services.

Flexway does not guarantee the availability, effectiveness, safety, or suitability of third-party products or services.

Flexway may integrate with suppliers selected by Flexway, selected by a healthcare practice, or selected jointly by Flexway and the healthcare practice.

Flexway does not require healthcare practices to use any particular supplier, device, laboratory, pharmacy, service provider, or partner unless expressly stated in a separate written agreement.

Certain Services, products, subscriptions, devices, or offerings may require payment.

Payments may be collected by:

• Flexway
• Healthcare practices
• Third-party providers
• Fulfillment partners
• Service providers

Flexway may receive commissions, platform fees, referral compensation, transaction fees, revenue-sharing payments, or other compensation where disclosed in applicable agreements.

All fees are non-refundable unless required by applicable law or otherwise stated.

Medical services may be subject to separate payment terms established by the applicable healthcare provider.

If a healthcare practice fails to pay amounts owed, Services may continue normally for up to approximately thirty (30) days.

After approximately thirty (30) days of non-payment, Flexway may restrict practice access to the Services.

Patient-facing applications may continue operating for an additional period, subject to Flexway's discretion, applicable agreements, legal requirements, and patient safety considerations.

After approximately sixty (60) days of non-payment, Flexway may suspend patient-facing applications, terminate Services, archive data, delete data, or otherwise restrict access, subject to legal, regulatory, contractual, and healthcare record retention obligations.

Healthcare practices retain ownership and control of patient information submitted through the Services.

Flexway processes information in order to provide the Services.

Healthcare practices may request export of patient information, subject to applicable law, contractual obligations, technical limitations, and reasonable verification requirements.

Flexway may restrict export of:

• Proprietary analytics
• Benchmark reports
• Platform intelligence
• Aggregated insights
• Machine learning models
• Operational intelligence systems
• Flexway technology

Upon termination of a healthcare practice's relationship with Flexway, information may be exported, transferred, retained, archived, or deleted as required by contractual obligations, regulatory requirements, applicable law, or operational needs.

Flexway may provide:

• Customer support
• Onboarding
• Fulfillment coordination
• Logistics coordination
• Operational assistance
• Program administration

Flexway personnel do not provide healthcare services, medical advice, diagnoses, treatment plans, prescriptions, or clinical decision-making.

Flexway may offer beta, pilot, preview, experimental, or early-access functionality from time to time.

Beta features are provided "AS IS" and "AS AVAILABLE," may be incomplete, may contain errors, may change at any time, and may be modified, suspended, or discontinued without notice.

Flexway makes no commitments that beta features will become generally available or remain available in any particular form.

Flexway may identify a healthcare practice as a customer, publish logos, testimonials, case studies, success stories, or similar reference materials only with prior consent from the healthcare practice.

Flexway and its licensors retain all rights, title, and interest in the Services, Flexway technology, software, platform intelligence, analytics systems, artificial intelligence systems, machine learning models, templates, interfaces, documentation, and related intellectual property.

Users receive a limited, non-exclusive, revocable license to access and use the Services in accordance with these Terms.

No rights are granted except as expressly stated.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

FLEXWAY DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

FLEXWAY DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED
• THE SERVICES WILL BE ERROR FREE
• THE SERVICES WILL ALWAYS PRODUCE ACCURATE RESULTS
• ARTIFICIAL INTELLIGENCE OUTPUTS WILL BE COMPLETE OR CORRECT

USERS ASSUME ALL RISK ASSOCIATED WITH THEIR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEXWAY SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES
• INCIDENTAL DAMAGES
• CONSEQUENTIAL DAMAGES
• LOST PROFITS
• LOST REVENUE
• LOST DATA
• BUSINESS INTERRUPTION

FLEXWAY'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID TO FLEXWAY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Users agree to defend, indemnify, and hold harmless Flexway and its affiliates, officers, employees, contractors, and service providers from claims arising from:

• Misuse of the Services
• Violation of these Terms
• Violation of law
• Submitted content
• Interactions with third parties

Flexway may modify, suspend, discontinue, replace, or update any portion of the Services at any time.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except where prohibited by applicable law.

The arbitration shall take place in Austin, Texas, unless the parties agree otherwise. The arbitrator shall have authority to award the same damages and relief that a court could award on an individual basis, subject to the limitations in these Terms.

Each party waives the right to a jury trial and agrees that disputes will be resolved only on an individual basis. No dispute may be brought or maintained as a class action, collective action, private attorney general action, or other representative proceeding.

Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect confidential information, intellectual property, security, or system integrity.

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.

Flexway LLC

5900 Balcones Drive #17513 Austin, TX 78731 United States

support@flexway.ai