Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and LinkCare, Inc. ("LinkCare," "we," "us," or "our") governing your use of the LinkCare platform, website, mobile applications, and related services (collectively, the "Services").

By creating an account, accessing our platform, or using any of our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms
• You have the authority to enter into this agreement
• You will comply with all applicable laws and regulations
• You understand this is a legally binding contract

2. Description of Services

LinkCare provides a comprehensive healthcare referral coordination platform that:

Core Platform Features

• Facilitates medical referrals between primary care physicians and specialists
• Provides intelligent matching based on insurance, availability, and clinical needs
• Offers real-time communication and status updates
• Integrates with electronic medical record (EMR) systems
• Maintains HIPAA-compliant data handling and storage

Additional Services

• Patient appointment coordination and scheduling
• Insurance verification and pre-authorization assistance
• Clinical documentation and referral tracking
• Analytics and reporting tools for healthcare providers
• Training and support services

3. User Eligibility and Account Requirements

Eligible Users

LinkCare Services are intended for use by:

• Licensed healthcare providers and their authorized staff
• Healthcare organizations and medical practices
• Patients and their authorized representatives (where applicable)
• Healthcare business associates and authorized third parties

Account Registration

To use our Services, you must:

• Provide accurate, complete, and current registration information
• Verify your professional credentials and licensing (for healthcare providers)
• Maintain the security and confidentiality of your account credentials
• Promptly update your account information when changes occur
• Accept responsibility for all activities under your account

Professional Requirements

Healthcare providers must:

• Maintain current, valid professional licenses
• Comply with all applicable medical practice standards
• Have appropriate malpractice insurance coverage
• Follow established protocols for patient care and referrals

4. Acceptable Use Policy

Permitted Uses

You may use LinkCare Services for:

• Legitimate healthcare referral and coordination activities
• Patient care management and clinical communication
• Administrative functions related to medical practice
• Quality improvement and compliance monitoring

Prohibited Activities

You may not:

• Use the platform for any illegal or unauthorized purposes
• Attempt to gain unauthorized access to systems or data
• Upload malicious software or engage in harmful activities
• Share account credentials or allow unauthorized access
• Use the platform to harass, abuse, or harm others
• Submit false, misleading, or fraudulent information
• Violate patient privacy or HIPAA regulations
• Reverse engineer, decompile, or attempt to extract source code
• Create competing services using our platform or data

5. Privacy and Data Protection

Your privacy and the protection of patient data are paramount to LinkCare. Our data handling practices are governed by:

Regulatory Compliance

• Health Insurance Portability and Accountability Act (HIPAA)
• Health Information Technology for Economic and Clinical Health Act (HITECH)
• State privacy laws and professional standards
• International data protection regulations (where applicable)

Data Security Measures

• End-to-end encryption for all data transmission and storage
• Multi-factor authentication and access controls
• Regular security audits and vulnerability assessments
• Employee training and confidentiality agreements
• Incident response and breach notification procedures

For detailed information about our privacy practices, please review our Privacy Policy.

6. Professional Responsibilities and Liability

Healthcare Provider Responsibilities

As a healthcare provider using LinkCare, you acknowledge and agree that:

• You retain full professional responsibility for all patient care decisions
• LinkCare is a communication and coordination tool, not a medical advice platform
• You must verify all patient information and clinical data
• You are responsible for following up on referrals and patient care
• You must maintain appropriate professional liability insurance

Platform Limitations

LinkCare provides technology services and does not:

• Provide medical advice, diagnosis, or treatment recommendations
• Replace professional medical judgment or clinical decision-making
• Guarantee the accuracy of third-party information or systems
• Ensure the availability of specialists or appointment slots
• Assume liability for clinical outcomes or patient care decisions

7. Payment Terms and Billing

Subscription Services

LinkCare offers various subscription plans with different features and pricing:

• Monthly and annual billing options available
• Pricing based on user count, transaction volume, or feature set
• Automatic renewal unless cancelled in advance
• Pro-rated billing for mid-cycle changes

Payment Processing

• All fees are due in advance and non-refundable unless otherwise stated
• Late payments may result in service suspension
• You authorize automatic billing to your designated payment method
• All prices are exclusive of applicable taxes

Free Trial and Promotional Offers

• Free trials automatically convert to paid subscriptions unless cancelled
• Promotional pricing may be subject to additional terms
• We reserve the right to modify pricing with advance notice

8. Intellectual Property Rights

LinkCare's Intellectual Property

The LinkCare platform, including software, designs, text, graphics, and other content, is protected by:

• Copyright, trademark, and patent laws
• Trade secret and proprietary information protections
• International intellectual property treaties

User Content and Data

You retain ownership of your data and content, but grant LinkCare:

• A limited license to process and store your data for service delivery
• Rights to use aggregated, de-identified data for platform improvement
• Permission to backup and secure your information

Third-Party Integrations

Some platform features may integrate with third-party services, each governed by their own terms and intellectual property rights.

9. Service Availability and Support

Uptime and Reliability

We strive to maintain high service availability, but cannot guarantee uninterrupted access due to:

• Scheduled maintenance and system updates
• Technical issues beyond our control
• Third-party service dependencies
• Force majeure events

Customer Support

We provide support through:

• Online help documentation and tutorials
• Email and phone support during business hours
• Training and onboarding assistance
• Technical support for platform issues

Service Modifications

We may modify, update, or discontinue features with advance notice to users.

10. Limitation of Liability

Disclaimer of Warranties

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

Limitation of Damages

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

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES EXCEEDING THE AMOUNT PAID FOR SERVICES IN THE PRECEDING 12 MONTHS
• DAMAGES ARISING FROM THIRD-PARTY ACTIONS OR SYSTEM FAILURES

Healthcare-Specific Limitations

LinkCare is not responsible for:

• Clinical decisions or patient care outcomes
• Actions or omissions of healthcare providers
• Accuracy of medical information provided by users
• Delays in referral processing or communication

11. Indemnification

You agree to indemnify, defend, and hold harmless LinkCare, its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses arising from:

• Your use of the Services in violation of these Terms
• Your negligent or wrongful conduct
• Your violation of applicable laws or regulations
• Breach of professional duties or standards of care
• Claims related to patient care or clinical decisions
• Unauthorized access to or use of your account

12. Termination

Termination by User

You may terminate your account at any time by:

• Providing written notice to LinkCare
• Following the cancellation process in your account settings
• Ensuring all outstanding obligations are satisfied

Termination by LinkCare

We may suspend or terminate your access for:

• Violation of these Terms or our policies
• Non-payment of fees
• Fraudulent or illegal activities
• Professional misconduct or license revocation
• Security breaches or unauthorized access

Effects of Termination

• Your access to the Services will cease immediately
• You remain responsible for outstanding fees and obligations
• We will provide data export options where technically feasible
• Confidentiality obligations continue after termination

13. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

Dispute Resolution Process

1. Direct Negotiation: Parties will first attempt to resolve disputes through good faith negotiations
2. Mediation: If negotiation fails, disputes will be submitted to binding mediation
3. Arbitration: Unresolved disputes will be settled through binding arbitration
4. Jurisdiction: Any court proceedings will be conducted in New York state or federal courts

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional service agreements, constitute the entire agreement between you and LinkCare.

Modifications

We may update these Terms periodically. Material changes will be communicated through:

• Email notification to registered users
• Prominent notice on our website
• In-platform announcements

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Assignment

LinkCare may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights without our written consent.

Force Majeure

Neither party will be liable for delays or failures due to circumstances beyond their reasonable control.