Terms of Service

Acceptance of Terms

By accessing and using the Cobalt Orchard Health Systems website, platform, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

Use License

We grant you a limited, non-exclusive, non-transferable license to use our Services for lawful purposes only. You agree not to:

• • Reproduce or modify materials from our Services without authorization
• • Use our Services for commercial purposes without a written agreement with us
• • Attempt to gain unauthorized access to our systems or data
• • Interfere with the functioning or security of our Services
• • Use our Services in violation of any applicable law or regulation
• • Harass, threaten, or defame any person or entity
• • Upload malicious code, viruses, or harmful content
• • Collect or track personal information without authorization

User Accounts and Responsibilities

If you create an account to use our Services, you are responsible for maintaining the confidentiality of your login credentials and are liable for all activities that occur under your account. You agree to:

• • Provide accurate and complete information when creating an account
• • Maintain current and accurate account information
• • Keep your password secure and notify us of unauthorized access
• • Use your account only for authorized purposes
• • Comply with all applicable laws and our acceptable use policies

We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited conduct.

Healthcare Compliance

Our Services are designed to comply with applicable healthcare regulations, including HIPAA (Health Insurance Portability and Accountability Act) in the United States. Users of our Services must comply with all applicable healthcare laws and regulations.

If you are a healthcare provider or organization using our Services to handle protected health information (PHI), you acknowledge that you have entered into a Business Associate Agreement (BAA) with us, or will do so before processing PHI through our Services.

Healthcare providers using our Services must ensure they have appropriate consent from patients and comply with their own privacy obligations and policies.

Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, code, and design, are owned by Cobalt Orchard Health Systems or licensed from third parties. You retain all rights to content you create or upload, but grant us a license to use, reproduce, and display such content as necessary to provide the Services.

You may not reproduce, distribute, or transmit any materials from our Services without our prior written permission. Unauthorized use of our intellectual property is prohibited and may result in legal action.

Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Services, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

We do not guarantee that:

• • The Services will be uninterrupted, error-free, or secure
• • Defects will be corrected or that the Services will meet your requirements
• • Any information obtained through the Services is accurate or reliable
• • The Services will be compatible with all systems or applications

You use the Services at your own risk and are responsible for any consequences arising from your use.

Limitation of Liability

To the fullest extent permitted by law, Cobalt Orchard Health Systems shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, data loss, or business interruption, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of liability, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold harmless Cobalt Orchard Health Systems, its officers, directors, employees, and agents from any claims, damages, or costs (including reasonable attorneys' fees) arising from:

• • Your use of the Services
• • Violation of these Terms or applicable law
• • Infringement of any third-party rights
• • Content you upload or submit through the Services

Data Backup and Recovery

While we implement reasonable security measures and maintain backups, you are responsible for maintaining backup copies of all data you consider important. We are not liable for data loss, corruption, or unavailability of data, regardless of cause.

Service Availability and Maintenance

We strive to maintain high availability of our Services, but do not guarantee uninterrupted access. We may perform maintenance, updates, or other activities that temporarily interrupt service. We will attempt to provide advance notice when possible, but emergency maintenance may occur without notice.

For critical production issues, please contact us immediately at +1 440 790 6108.

Third-Party Services and Integrations

Our Services may integrate with or rely on third-party services, APIs, or systems. We are not responsible for the availability, accuracy, or security of third-party services. Your use of third-party services is governed by their own terms and policies.

Termination

We may terminate or suspend your access to the Services at any time, without notice, for cause, including but not limited to:

• • Violation of these Terms
• • Violation of applicable law or healthcare regulations
• • Unauthorized access attempts
• • Non-payment of fees
• • Misconduct or harmful behavior

Upon termination, your right to use the Services ceases immediately. We may retain data as required by law or for legitimate business purposes.

Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of law principles. Any disputes arising out of or related to these Terms or the Services shall be resolved through good-faith negotiation. If negotiation fails, disputes may be escalated to appropriate legal proceedings.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court or regulatory authority, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

Contact Us

If you have questions about these Terms of Service:

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you may have with us, constitute the entire agreement between you and Cobalt Orchard Health Systems regarding the Services and supersede all prior and contemporaneous agreements, whether written or oral.