Terms of Use

Terms of Use

Effective Date: April 18, 2026

The following terms (the “Terms of Use” or the “Agreement”) constitute an agreement between you and HealthLynked Corp (“HealthLynked,” “we,” or “us”), the operator of HealthLynked.com and related websites, applications, services, and mobile applications, and all associated services (collectively, the “Services”) provided by HealthLynked and on or in which these Terms of Use are posted or referenced. Some Services may require you to agree to additional terms specific to those Services, which terms will be presented to you prior to your use of those Services and are included as part of these Terms of Use.

For the purposes of these Terms of Use, the “Services” include, without limitation:

• Personal health record tools and data management systems
• Appointment scheduling technology and provider directory services
• AI-powered tools and healthcare guidance features (including ARI)
• Telehealth and video communication technology used to facilitate healthcare interactions
• Technology maintained by HealthLynked on behalf of third parties, including healthcare providers and organizations
• Other tools and services provided by HealthLynked for the facilitation, coordination, and navigation of healthcare services

This Agreement constitutes a contract between you and us that governs your access to and use of the Services. This means you must agree to this Agreement in order to access and/or use our Services. If you do not agree, then you may not use the Services.

As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services, whether or not such person has registered for a HealthLynked account (as defined in Section 1).

Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination:

• Any obligation you have to pay us
• Any obligation to indemnify us
• Any limitations on our liability
• Any terms regarding ownership or intellectual property rights (including any rights or licenses granted to us under this Agreement)
• Any terms regarding disputes between you and HealthLynked, including, without limitation, the Arbitration Agreement in Section 17

HealthLynked’s collection and use of Personal Data in connection with the Services is described in HealthLynked’s Privacy Policy (“Personal Data” as defined therein). By using our Services, you represent that you have read and agree to such Privacy Policy, which is incorporated herein by reference.

IMPORTANT: PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER IN SECTION 17 BELOW CAREFULLY

IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND HEALTHLYNKED BY BINDING, INDIVIDUAL ARBITRATION, EXCEPT FOR EXCLUDED DISAGREEMENTS (AS DEFINED IN THE ARBITRATION AGREEMENT BELOW).

YOU ACKNOWLEDGE AND AGREE THAT:

1. YOU AND HEALTHLYNKED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; AND
2. YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST HEALTHLYNKED

BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

We are constantly working to improve our Services, and these Terms of Use may need to change along with our Services. We reserve the right to change these Terms of Use at any time. If we make material changes, we will place a notice on our site, send you an email, and/or make reasonable efforts to notify you by other means.

If you do not agree with the updated Terms of Use, you may stop using the Services. However, continued use of the Services after such changes become effective constitutes your acceptance of the revised Terms.

Except for changes made by us as described above, no other amendment or modification of these Terms of Use will be effective unless made in writing and signed by both you and us.

We may, from time to time:

• Add new features to the Services
• Substitute new services for existing Services
• Modify, suspend, or discontinue any part of the Services

Under no circumstances will HealthLynked be liable for any modification, suspension, or discontinuation of the Services or any portion thereof, and any use of new features or services will be governed by this Agreement.

If you create a HealthLynked account or use the Services on behalf of another individual, you represent that you are authorized by such individual to accept this Agreement on their behalf and bind them to these Terms (in which case, references to “you” and “your” refer to that individual, except where context requires otherwise).

1. ABOUT THE SERVICES

HealthLynked grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Services in accordance with these Terms of Use.

Portions of the Services may be accessed without creating an account. However, to access certain features—including the creation and management of a personal health record, use of AI-powered tools (including ARI), appointment scheduling, telehealth functionality, and other personalized services—you must create a HealthLynked account (a “HealthLynked Account”) and provide certain basic information about yourself.

While using the Services, you may encounter certain content that HealthLynked makes available to you (“Content”). “Content” includes, without limitation:

• Personal health record data and user-submitted information
• Healthcare provider profiles and related information
• Appointment availability and scheduling data
• Health-related educational materials
• Text, data, graphics, images, photographs, video, and audio
• AI-generated outputs, recommendations, and responses (including ARI)
• Information, suggestions, guidance, and other materials made available through the Services

Content may be provided by HealthLynked, healthcare providers, third parties, or generated by artificial intelligence systems.

You acknowledge and agree that:

• HealthLynked is not a healthcare provider
• The availability of Content through the Services does not create a physician-patient or other clinical relationship between you and HealthLynked
• Content provided through the Services does not constitute medical advice, diagnosis, or treatment
• Content is provided solely for informational and administrative purposes, including assisting you in managing your health information, understanding healthcare options, and connecting with healthcare providers

You further acknowledge that:

• AI-generated Content (including ARI outputs) may be incomplete, inaccurate, or inappropriate
• AI-generated Content is not a substitute for professional medical judgment
• You should not rely solely on AI-generated Content for medical decisions

WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT, INCLUDING BUT NOT LIMITED TO:

• Provider qualifications, credentials, or expertise
• Quality of care or services provided by any healthcare provider
• Accuracy of personal health record data
• Pricing, cost estimates, or insurance-related information
• Availability of appointments or services
• Accuracy, completeness, or reliability of AI-generated outputs

IN NO EVENT SHALL HEALTHLYNKED BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICES.

FURTHERMORE, HEALTHLYNKED DOES NOT ENDORSE, RECOMMEND, OR GUARANTEE ANY HEALTHCARE PROVIDER, SERVICE, OR TREATMENT LISTED OR MADE AVAILABLE THROUGH THE SERVICES. ALL HEALTHCARE PROVIDERS ARE INDEPENDENT AND SOLELY RESPONSIBLE FOR THE SERVICES THEY PROVIDE.

2. WE DO NOT PROVIDE MEDICAL ADVICE

HealthLynked is not a healthcare provider. The Content that you obtain or receive from HealthLynked, its employees, contractors, partners, sponsors, advertisers, licensors, healthcare provider participants, or otherwise through the Services is for informational, communicative, administrative, scheduling, care-navigation, and payment purposes only. All medically related information, including, without limitation, information shared through HealthLynked’s provider search functionality, ARI and other AI-powered tools, chat features, help center materials, blogs, social media channels, emails, text messages, personal health record interfaces, telehealth facilitation tools, profiles, notifications, and advertising, is provided for informational and communicative purposes only.

WHILE WE HOPE THE CONTENT IS USEFUL IN SUPPORTING YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, AND DOES NOT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE, OR BELIEVE YOU MAY CAUSE HARM TO YOURSELF OR TO OTHERS, IMMEDIATELY CALL 9-1-1, CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL, OR GO TO THE NEAREST EMERGENCY ROOM. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, GENERATED, OR MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THROUGH ANY ARTIFICIAL INTELLIGENCE FEATURE, IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR ANY OTHER PROFESSIONAL HEALTHCARE SERVICE OR ADVICE, OR THE PROVISION OF MEDICAL CARE.

HealthLynked is not a referral service and does not refer, recommend, or endorse any particular Healthcare Provider, test, procedure, treatment, opinion, medication, or other healthcare-related information that may appear through the Services. If you rely on any Content, including any AI-generated Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the applicable Healthcare Provider’s office, medical associations relevant to the provider’s specialty, your state medical boards, applicable licensing or certification authorities to verify credentials and licensure.

3. NO DOCTOR-PATIENT RELATIONSHIP

DOCTORS, DENTISTS, NURSES, AND OTHER LICENSED HEALTHCARE PROFESSIONALS MAY USE THE SERVICES TO PROVIDE INFORMATION, CONTENT, OR SERVICES TO YOU, BUT YOUR USE OF THE SERVICES AND ANY CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. NO PHYSICIAN-PATIENT OR OTHER LICENSED MEDICAL PROFESSIONAL–PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND HEALTHLYNKED BY YOUR USE OF THE SERVICES OR ANY CONTENT.

THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE SERVICES, GENERATED BY ARTIFICIAL INTELLIGENCE (INCLUDING ARI), DERIVED FROM YOUR PERSONAL HEALTH RECORD, OR PROVIDED THROUGH ANY OTHER COMMUNICATIONS FROM HEALTHLYNKED, INCLUDING, WITHOUT LIMITATION:

• Provider search and directory features
• Appointment scheduling tools
• AI-powered tools and guidance
• Chat or messaging features
• Telehealth facilitation tools
• Help center materials, blog content, and educational resources
• Emails, text messages, notifications, or links to third-party sites
• Any assistance we provide to help you identify or connect with a healthcare provider

ANY RELATIONSHIP FOR MEDICAL CARE, DIAGNOSIS, OR TREATMENT EXISTS SOLELY BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU CHOOSE TO ENGAGE. HEALTHLYNKED DOES NOT PROVIDE MEDICAL CARE AND DOES NOT CONTROL OR DIRECT THE CLINICAL PRACTICE OF ANY HEALTHCARE PROVIDER.

HealthLynked encourages Healthcare Providers to use the Services responsibly; however, we do not control, and cannot guarantee:

• The availability of any Healthcare Provider
• The scheduling of appointments
• The quality, appropriateness, or outcome of any care or service

HEALTHLYNKED SHALL NOT BE LIABLE FOR CANCELED, MISSED, OR UNFULFILLED APPOINTMENTS, DELAYS IN CARE, OR ANY INJURY, LOSS, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INTERACTIONS WITH ANY HEALTHCARE PROVIDER.

4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND PROVIDER LISTS

In connection with your use of the Services to search for, evaluate, and schedule appointments with Healthcare Providers, you understand and agree that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER

YOU ARE SOLELY RESPONSIBLE FOR SELECTING YOUR HEALTHCARE PROVIDER, INCLUDING, WITHOUT LIMITATION, DETERMINING WHETHER A PARTICULAR HEALTHCARE PROVIDER IS APPROPRIATE FOR YOUR HEALTHCARE NEEDS BASED ON FACTORS SUCH AS:

• Specialty
• Experience
• Credentials and qualifications
• Licensure and certifications
• Location and availability
• Insurance participation and cost considerations
• Any other facts or circumstances that may be relevant to your care

LIMITED VERIFICATION BY HEALTHLYNKED

HealthLynked or its designee may take certain limited steps to:

(a) verify that Healthcare Providers participating in the Services hold active licenses, certifications, or registrations required by applicable law; and
(b) check whether Healthcare Providers are listed on applicable government exclusion databases, including, without limitation, the U.S. Department of Health and Human Services Office of Inspector General exclusion list.

HealthLynked may also remove or restrict Healthcare Providers from the Services, in its sole discretion, for conduct that it determines to be inappropriate, unprofessional, or in violation of applicable standards or platform policies.

HOWEVER, YOU ACKNOWLEDGE THAT SUCH VERIFICATION IS LIMITED IN SCOPE AND DOES NOT CONSTITUTE AN ENDORSEMENT OR GUARANTEE OF ANY PROVIDER.

PROVIDER PARTICIPATION AND AVAILABILITY

Healthcare Providers independently decide whether to participate in the Services, what information to provide, and what appointment availability to display.

As a result:

• Provider listings on the Services are not exhaustive
• Providers may have additional availability outside the Platform
• Providers may limit the number of appointments offered through the Services
• Providers may stop participating in the Services at any time

You acknowledge that Healthcare Providers may have availability or services not reflected on the Platform and that you may contact them directly outside of the Services.

FEES AND BUSINESS RELATIONSHIPS

Healthcare Providers may enter into contractual relationships with HealthLynked and may pay fees to use, access, or be featured through the Services, including for appointment booking, marketing, or other services.

If you schedule an appointment through the Services, HealthLynked may receive a fee in connection with that booking.

HOW PROVIDER RESULTS ARE GENERATED

To help you identify Healthcare Providers who may meet your needs, HealthLynked may present provider listings, profiles, and search results based on various factors, including:

• Information you provide (such as location, insurance, and healthcare needs)
• Provider availability and scheduling data
• Specialty and services offered
• User reviews, ratings, or feedback
• Prior user interactions or platform usage patterns
• System-generated insights, including those derived from AI tools (such as ARI)
• Other operational or relevance-based criteria

You understand that:

• Search results may not include all Healthcare Providers who meet your criteria
• Rankings or order of results may be influenced by multiple factors
• Results may change over time

NO ENDORSEMENT OR CONTROL

HealthLynked:

(a) does not employ, refer, recommend, or endorse any Healthcare Provider;
(b) does not make any representations or warranties regarding Healthcare Providers or the quality of services they may provide;
(c) does not guarantee the accuracy, completeness, or timeliness of provider information, including credentials;
(d) does not ensure that any services will be provided or that such services will meet any particular standard of care; and
(e) does not control the clinical judgment, treatment decisions, or professional conduct of any Healthcare Provider.

Healthcare Providers are independent and are not employees, agents, or representatives of HealthLynked.

EMPLOYER, PLAN, OR THIRD-PARTY DIRECTORY INTEGRATIONS

To the extent you access the Services through an employer-sponsored program, health plan, or third-party directory, provider listings and search results may also be influenced by criteria determined by:

• Your employer
• Your health plan or plan sponsor
• Third-party administrators or partners

HealthLynked may provide technology or infrastructure to support such directories but does not control all criteria used to generate such results.

SPONSORED RESULTS AND ADVERTISING

The Services may display advertisements or sponsored provider listings (“Sponsored Results”), which may appear above, alongside, or within search results.

HealthLynked may receive additional compensation from Healthcare Providers or other parties in connection with Sponsored Results.

Sponsored Results are clearly identified as “Sponsored” within the Services and:

• Are not endorsements
• Are not recommendations
• Should not be interpreted as a ranking of quality or suitability

5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES

The Services are an informational, educational, and administrative resource for consumers and Healthcare Providers. The Services may also provide tools to help you organize, access, and utilize your personal health record and interact with Healthcare Providers.

HealthLynked may, but has no obligation to, review, edit, or publish Content made available through the Services. Content may be created or provided by HealthLynked, Healthcare Providers, users, third parties, or generated by automated systems, including artificial intelligence.

NO PARTY (INCLUDING HEALTHLYNKED) INVOLVED IN THE CREATION, AGGREGATION, OR PUBLICATION OF CONTENT GUARANTEES THAT SUCH CONTENT IS TIMELY, ACCURATE, COMPLETE, OR ERROR-FREE, AND NONE SHALL BE LIABLE FOR ANY ERRORS OR OMISSIONS OR FOR ANY RESULTS OBTAINED FROM THE USE OF SUCH CONTENT.

Healthcare Provider Content

Content related to Healthcare Providers and their practices (“Healthcare Provider Content”) is provided for general informational and reference purposes only.

Healthcare Provider Content may be:

• Provided directly by the Healthcare Provider or their staff
• Aggregated from third-party data sources
• Derived from user interactions or system-generated data

Such information may not be independently verified and may become out of date, incomplete, or inaccurate at any time.

ALTHOUGH HEALTHLYNKED MAY TAKE LIMITED STEPS TO REVIEW OR UPDATE CERTAIN INFORMATION, IT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY HEALTHCARE PROVIDER CONTENT AND DOES NOT PROVIDE ANY CERTIFICATION OR ASSURANCE REGARDING THE QUALIFICATIONS, CREDENTIALS, OR COMPETENCE OF ANY HEALTHCARE PROVIDER.

Personal Health Record Content

The Services may allow you to create, upload, store, and manage personal health information as part of your personal health record.

YOU ACKNOWLEDGE AND AGREE THAT:

• Personal health record data may be incomplete, outdated, or inaccurate
• HealthLynked does not independently verify the accuracy of user-submitted data
• Any insights or outputs derived from such data depend on the quality and completeness of the information provided

You are solely responsible for ensuring that your personal health record information is accurate and appropriate for use.

Procedures, Products, and Services

Procedures, products, services, treatments, or medical devices referenced, discussed, or marketed through the Services may not be appropriate for all individuals or clinical situations.

Any such information is provided for general awareness only and:

• Does not constitute a recommendation or endorsement
• Does not guarantee safety, effectiveness, or suitability
• Should not be relied upon without consultation with a qualified Healthcare Provider

HealthLynked makes no representations regarding the appropriateness or outcomes of any procedures, products, or services.

Insurance Content

Insurance and insurance-related information (“Insurance Content”), including coverage, eligibility, and benefit details, is provided for general reference and convenience only.

Insurance Content may be:

• Based on information you provide
• Derived from Healthcare Provider data
• Obtained from third-party clearinghouses or payers

Insurance information may change frequently and may be inaccurate, incomplete, or outdated.

YOU AGREE THAT YOU ARE RESPONSIBLE FOR:

• Providing accurate insurance information
• Verifying coverage, benefits, and costs directly with your insurer or Healthcare Provider

ALTHOUGH HEALTHLYNKED MAY ATTEMPT TO PRESENT USEFUL INSURANCE INFORMATION, IT IS NOT RESPONSIBLE FOR ANY ERRORS OR DISCREPANCIES IN SUCH CONTENT.

AI-GENERATED CONTENT (INCLUDING ARI)

HealthLynked may provide features and Content generated or supported by artificial intelligence (“AI Features”), including ARI.

YOU ACKNOWLEDGE AND AGREE THAT:

• AI-generated Content may be incomplete, inaccurate, outdated, or inappropriate
• AI outputs are based on available data and system limitations and may vary
• AI Features are provided for informational and support purposes only

AI Features may incorporate third-party technologies or software, and HealthLynked does not guarantee the:

• Accuracy
• Reliability
• Security
• Suitability
• Legality

of such third-party systems or their outputs.

YOU ARE RESPONSIBLE FOR EVALUATING THE APPROPRIATENESS OF ANY AI-GENERATED CONTENT AND SHOULD NOT RELY ON SUCH CONTENT AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR CLINICAL DECISION-MAKING.

HealthLynked does not monitor all interactions with AI Features and does not guarantee that outputs will be free from errors, omissions, bias, or offensive content.

REFERENCES TO THIRD-PARTY PRODUCTS, SERVICES, OR PROVIDERS IN AI-GENERATED CONTENT DO NOT CONSTITUTE AN ENDORSEMENT OR AFFILIATION.

LIMITATION OF LIABILITY FOR CONTENT AND AI FEATURES

UNDER NO CIRCUMSTANCES SHALL HEALTHLYNKED BE LIABLE FOR ANY CONTENT OR AI-GENERATED OUTPUTS, INCLUDING, WITHOUT LIMITATION:

• ERRORS OR OMISSIONS
• INACCURACIES OR MISINTERPRETATIONS
• ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE ON SUCH CONTENT
• ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF OR INTERACTION WITH THE SERVICES OR AI FEATURES

THIS INCLUDES, WITHOUT LIMITATION, CLAIMS RELATED TO INTELLECTUAL PROPERTY, DATA USE, OR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

6. MEDICAL INFORMATION

You may elect to provide, upload, or enter certain medical and health-related information through the Services, including, without limitation:

• Personal health record data
• Medical history
• Medications and allergies
• Symptoms and health conditions
• Insurance information
• Information submitted in connection with appointment requests or forms required by a Healthcare Provider (including any medical history forms or intake documentation)

(collectively, “Medical Information”).

You may provide such Medical Information on behalf of yourself or, where authorized, on behalf of a third party for whom you have the legal authority to provide such information.

Authorization to Share Medical Information

By using the Services, you may request and authorize HealthLynked to transmit your Medical Information to a Healthcare Provider that you select or interact with through the Platform.

YOU ACKNOWLEDGE AND AGREE THAT:

• YOU ARE RESPONSIBLE FOR ENSURING THAT ANY MEDICAL INFORMATION YOU PROVIDE IS ACCURATE, COMPLETE, AND APPROPRIATE
• HEALTHLYNKED DOES NOT VERIFY THE ACCURACY, COMPLETENESS, OR CLINICAL VALIDITY OF ANY MEDICAL INFORMATION
• ANY MEDICAL INFORMATION YOU PROVIDE MAY BE RELIED UPON BY HEALTHCARE PROVIDERS AT YOUR DIRECTION

You further acknowledge that Healthcare Providers may require you, or someone authorized by you, to review, confirm, and/or update your Medical Information at the time of your appointment or prior to receiving care.

Personal Health Record and AI Use

Medical Information that you provide may be stored as part of your personal health record and may be used by the Services to:

• Organize and present your health information
• Facilitate communication with Healthcare Providers
• Generate AI-supported insights and recommendations (including through ARI)
• Support platform functionality and user experience

You acknowledge that any insights, outputs, or recommendations derived from your Medical Information are dependent on the accuracy and completeness of the data you provide.

Third-Party and Provider Use

Once your Medical Information is transmitted to a Healthcare Provider, its use, handling, and protection may be governed by that provider’s own privacy practices, policies, and applicable laws.

HealthLynked is not responsible for:

• How Healthcare Providers use or interpret your Medical Information
• Any decisions made by Healthcare Providers based on such information
• Any errors, omissions, or inaccuracies in Medical Information provided by you or third parties

Acknowledgement of Risk

YOU ACKNOWLEDGE THAT THE TRANSMISSION, STORAGE, AND USE OF MEDICAL INFORMATION THROUGH DIGITAL PLATFORMS MAY INVOLVE CERTAIN RISKS, INCLUDING THE POSSIBILITY OF UNAUTHORIZED ACCESS, AND YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK.

6.1 HIPAA Status and Regulatory Framework

HealthLynked operates as a technology platform that facilitates the storage, management, and transmission of health-related information. HealthLynked is not a healthcare provider, health plan, or healthcare clearinghouse.

In certain circumstances, HealthLynked may act as a “business associate” (as defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations, collectively, “HIPAA”) when providing services to or on behalf of healthcare providers or other covered entities. In such cases, HealthLynked’s use and disclosure of protected health information (“PHI”) will be governed by applicable Business Associate Agreements and HIPAA requirements.

In other circumstances, including when you use the Services directly as a consumer to create, manage, or store your personal health record, HealthLynked may operate as a direct-to-consumer platform and not as a business associate or covered entity under HIPAA. In these instances, your information may not be subject to HIPAA, but will instead be handled in accordance with these Terms of Use and HealthLynked’s Privacy Policy.

You acknowledge and agree that:

• The applicability of HIPAA and related protections depends on the nature of your interaction with the Services and any Healthcare Providers;
• HealthLynked’s obligations with respect to your health information may vary depending on whether it is acting as a business associate or as a consumer-facing platform;
• You are responsible for understanding how your information is shared with Healthcare Providers and third parties and the applicable privacy frameworks governing such use.

6.2 Use of De-Identified and Aggregated Data

You acknowledge and agree that HealthLynked may use, process, analyze, and disclose health-related information that has been de-identified and/or aggregated in accordance with applicable law.

Such de-identified and aggregated data may be used for purposes including, without limitation:

• Research and development
• Data analytics and modeling
• Population health insights and trend analysis
• Improving and training artificial intelligence systems, including ARI
• Commercial collaborations with third parties, including pharmaceutical companies, healthcare organizations, payers, and research institutions

HealthLynked will not use or disclose information in a manner that directly identifies you unless expressly authorized by you or required by law.

You understand and agree that:

• De-identified and aggregated data may be derived from your use of the Services, including your personal health record, interactions with Healthcare Providers, and engagement with platform features;
• Once de-identified, such data is no longer considered personal information or protected health information under applicable law;
• HealthLynked may retain and use such de-identified and aggregated data indefinitely for lawful business purposes.

7. YOUR RESPONSIBILITIES

7.1 Your HealthLynked Account Credentials

When you create a HealthLynked Account, you will provide an email address and create a password (collectively, “Credentials”). You are responsible for maintaining the confidentiality and security of your Credentials and may not share them with any third party.

You must immediately notify us of any unauthorized use of your account or any breach of security by contacting us at [email protected].

You agree to provide accurate, current, and complete registration information and to update such information as necessary to keep it accurate and complete.

You may have the option to access the Services through third-party platforms (such as Meta, Google, or Apple). By doing so, you authorize HealthLynked to access and use information from such third-party services in accordance with their applicable permissions and your privacy settings. HealthLynked is not responsible for the accuracy, availability, or practices of any such third-party services.

7.2 Your Responsibilities Generally

While use of certain aspects of the Services may be free, you remain solely responsible for:

• All healthcare-related costs and expenses
• Any charges incurred with Healthcare Providers
• Verifying insurance coverage, benefits, and costs

You are responsible for ensuring that all information you provide to HealthLynked, including Medical Information and insurance information, is accurate, complete, and up to date.

You acknowledge that:

• Certain Services may not be available depending on factors such as provider participation, geographic location, or insurance coverage
• Any disputes regarding healthcare services, billing, or treatment must be resolved directly between you and the applicable Healthcare Provider

You are responsible for all use of the Services and all activity conducted under your account, including any activity by persons or systems to whom you grant access.

You agree to use the Services only for lawful, personal, and non-commercial purposes.

You may not:

• Use the Services in any way that could damage, disable, overburden, or impair the Platform
• Attempt to gain unauthorized access to systems, accounts, or data
• Use automated systems, scraping tools, or other technologies to extract or index Content
• Use the Services to develop competing products or services
• Use the Services in violation of any applicable law or regulation

Use of Artificial Intelligence Agents

If you access or use the Services through any automated system or artificial intelligence agent (“AI Agent”), including third-party software such as chatbots, assistants, or similar tools:

• All such actions will be deemed to have been performed by you
• You are fully responsible for monitoring, reviewing, and accepting all actions taken by such AI Agent
• HealthLynked assumes no responsibility or liability for any actions taken by an AI Agent on your behalf

You are also responsible for reviewing and complying with:

• These Terms of Use
• Any applicable Acceptable Use Policy
• Any Community Standards or platform guidelines

HealthLynked reserves the right to take any legal or technical action necessary to prevent violations of these Terms and to protect the integrity of the Services.

7.3 Responsibilities of Healthcare Providers and Industry Participants

If you are a Healthcare Provider or other individual or entity operating in the healthcare or medical industry, regardless of whether you maintain a HealthLynked Account, you agree that:

(a) You will not use the Services to access or utilize provider data, pricing, availability, or other Content for any purpose other than personal use as a patient or prospective patient;

(b) You will not use the Services to coordinate, influence, or attempt to control pricing, services, patient allocation, or other competitive factors in violation of applicable laws;

(c) You will not engage in any anti-competitive, deceptive, fraudulent, or unfair practices, including but not limited to:

• Booking fraudulent appointments
• Manipulating ratings, reviews, or provider data
• Misrepresenting services, credentials, or availability

(d) You will comply with all applicable healthcare, competition, and consumer protection laws and regulations.

7.4 Disputes Between Users

If a dispute arises between users of the Services or between a user and any third party (including Healthcare Providers), HealthLynked has no obligation to become involved.

To the fullest extent permitted by law, you release HealthLynked and its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, or disputes arising out of or related to:

• Your interactions with other users
• Your interactions with Healthcare Providers
• Any services obtained through the Platform

8. TELEMEDICINE SERVICES

You may be able to access or utilize certain telemedicine or virtual care services through the Services, including, without limitation, through HealthLynked’s video communication tools, integrated telehealth features, or third-party virtual care platforms (collectively, “Telemedicine Services”).

HEALTHLYNKED IS NOT A HEALTHCARE PROVIDER, INSURER, OR PRESCRIPTION DISPENSING ENTITY.

In connection with Telemedicine Services, HealthLynked’s role is limited to:

• Providing technology that facilitates communication between you and Healthcare Providers
• Enabling scheduling, access, and coordination of telehealth interactions
• Supporting the transmission of information, including personal health record data, at your direction

NO CONTROL OVER HEALTHCARE PROVIDERS

HealthLynked does not:

• Provide medical care
• Practice medicine
• Control or direct the clinical judgment or services of any Healthcare Provider

Healthcare Providers delivering Telemedicine Services are independent professionals and are solely responsible for:

• The care they provide
• The content of their communications with you
• Any diagnoses, treatment decisions, or medical advice

HEALTHLYNKED IS NOT RESPONSIBLE FOR ANY ACTS, OMISSIONS, OR SERVICES OF ANY HEALTHCARE PROVIDER, INCLUDING THOSE PROVIDED THROUGH TELEMEDICINE SERVICES.

THIRD-PARTY TELEMEDICINE SERVICES

Telemedicine Services may be provided in whole or in part by third-party platforms, technologies, or service providers.

HealthLynked does not control and assumes no responsibility for:

• The availability of Telemedicine Services
• The functionality or performance of third-party systems
• The accuracy, quality, or reliability of such services
• The security, privacy practices, or policies of third-party providers

YOU ACKNOWLEDGE THAT YOUR USE OF ANY THIRD-PARTY TELEMEDICINE SERVICE IS SUBJECT TO THE TERMS AND PRIVACY POLICIES OF SUCH THIRD PARTIES, AND YOU ARE RESPONSIBLE FOR REVIEWING AND UNDERSTANDING THOSE TERMS.

RISKS OF TELEMEDICINE

You acknowledge that the use of Telemedicine Services may involve inherent risks, including, without limitation:

• Technical failures or connectivity issues
• Delays in communication
• Limitations in the ability to perform physical examinations
• Potential inaccuracies in diagnosis or treatment due to remote interaction

You agree that you assume all risks associated with your use of Telemedicine Services.

RELEASE OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS HEALTHLYNKED AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, OR LIABILITY ARISING FROM OR RELATED TO:

• YOUR USE OF TELEMEDICINE SERVICES
• ANY INTERACTIONS WITH HEALTHCARE PROVIDERS
• ANY THIRD-PARTY TELEMEDICINE PLATFORMS OR TECHNOLOGIES

9. THIRD PARTY LINKS AND SERVICES

9.1 Links to Other Websites

While using the Services, you may encounter links to third-party websites, applications, or services. These links are provided for your convenience only.

HealthLynked does not endorse, control, or assume responsibility for:

• The content, accuracy, or completeness of any third-party websites
• The products or services offered by third parties
• The legality, security, or appropriateness of any materials contained on such sites

You acknowledge that third-party websites may contain content that is inaccurate, offensive, unlawful, or otherwise objectionable, and that HealthLynked is not responsible for any such content.

Your interactions with third parties, including Healthcare Providers, vendors, or other users, are solely between you and such third parties. This includes:

• Payment for goods or services
• Delivery of services
• Any representations, warranties, or agreements

You agree that you are solely responsible for evaluating and investigating any third party before engaging in any transaction or interaction.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS HEALTHLYNKED FROM ANY AND ALL LIABILITY ARISING FROM:

• YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY WEBSITE OR SERVICE
• ANY TRANSACTIONS OR INTERACTIONS WITH THIRD PARTIES
• ANY LOSS OR DAMAGE INCURRED AS A RESULT OF SUCH DEALINGS

9.2 Third Party Software

The Services may incorporate or rely upon third-party software, systems, or services, including, without limitation:

• Artificial intelligence and machine learning tools
• Data processing and analytics platforms
• Telehealth and video communication technologies
• Open-source software components

(collectively, “Third Party Software”).

Certain Content made available through the Services, including outputs from AI Features (such as ARI), may be generated in whole or in part using Third Party Software.

You acknowledge and agree that:

• HealthLynked does not control Third Party Software
• Third Party Software may have limitations, errors, or vulnerabilities
• The use of such software involves inherent risks

Your use of any Third Party Software is subject to:

• Any applicable third-party terms and conditions
• Any additional notices or disclosures provided by HealthLynked

HealthLynked does not guarantee the:

• Accuracy
• Reliability
• Security
• Suitability
• Legality

of any Third Party Software or any outputs generated by such software.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS HEALTHLYNKED FROM ANY LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY SOFTWARE OR ANY CONTENT GENERATED THROUGH SUCH SOFTWARE.

9.3 Application Stores

You acknowledge that the availability of HealthLynked’s mobile applications depends on third-party application stores or distribution platforms (each, an “Application Provider”), such as Apple App Store or Google Play.

Each Application Provider may have its own terms and conditions, which you must agree to before downloading or using the application.

You agree that your use of the application is subject to:

• These Terms of Use
• The applicable Application Provider’s terms

In the event of a conflict between these Terms and the Application Provider’s terms, the more restrictive terms shall apply.

If you access the Services through a mobile application:

(i) These Terms are between you and HealthLynked, not the Application Provider;
(ii) HealthLynked, not the Application Provider, is responsible for the application;
(iii) The application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis;
(iv) The Application Provider has no obligation to provide maintenance or support services;
(v) Any warranty obligations are limited as required by applicable law;
(vi) HealthLynked is responsible for addressing claims relating to the application;
(vii) You agree to comply with applicable third-party agreements;
(viii) The Application Provider is a third-party beneficiary of these Terms as applicable to your use of the application;
(ix) HealthLynked is responsible for handling intellectual property claims related to the application; and
(x) You represent that you are not located in a country subject to U.S. embargo or on any restricted party list.

10. PAYMENT AND TRANSACTION PROCESSING

10.1 Payment and Transaction Processing Generally

You may be permitted to use the Services to facilitate payment for healthcare services, products, or other obligations provided by Healthcare Providers, including, without limitation, copayments, deductibles, coinsurance, or other fees.

In connection with such payments, HealthLynked may process your payment information in accordance with our Privacy Policy and may utilize third-party payment processing partners to facilitate such transactions (the “Transaction Processing Services”).

HealthLynked and/or its payment processing partners may receive fees in connection with providing Transaction Processing Services.

Any payment terms presented to you at the time of scheduling, purchasing, or using a paid service are incorporated into and form part of these Terms of Use.

10.2 Healthcare Provider Services and Pricing

Healthcare Providers may make available pricing information for certain services, products, or procedures through the Services (“Provider Services”).

Prior to scheduling or receiving Provider Services, you are responsible for reviewing:

• All pricing information provided
• The scope of services included or excluded
• Any applicable terms, conditions, or limitations

Healthcare Providers are solely responsible for the accuracy of pricing and service descriptions.

You acknowledge that:

• Additional or different services may be recommended, offered, or provided by Healthcare Providers
• Pricing for such additional or different services must be agreed upon directly between you and the Healthcare Provider

HEALTHLYNKED IS NOT RESPONSIBLE FOR ANY FAILURE BY YOU OR ANY HEALTHCARE PROVIDER TO AGREE UPON PRICING OR FOR ANY CHARGES ARISING FROM ADDITIONAL OR DIFFERENT SERVICES.

10.3 Insurance Payments and Financial Obligations

Healthcare Providers may permit you to use the Services to pay all or a portion of your financial obligations under your insurance coverage (the “Insurance Payment Services”).

Insurance-related information presented through the Services is provided for convenience only and may be:

• Based on information you provide
• Obtained from Healthcare Providers
• Derived from third-party payers or clearinghouses

YOU ACKNOWLEDGE THAT:

• Insurance information may be inaccurate, incomplete, or outdated
• You may receive additional billing or an explanation of benefits from your insurer
• You may ultimately owe amounts in excess of those displayed or paid through the Services

You remain solely responsible for verifying coverage, benefits, and financial obligations directly with your insurer and Healthcare Provider.

10.4 Transaction Processing

If you make a payment through the Services, you acknowledge and agree that:

(a) You are responsible for all amounts charged by Healthcare Providers, including fees for services, products, or procedures;
(b) You remain responsible for all cost-sharing obligations required by law or contract, including copayments, deductibles, and coinsurance;
(c) HealthLynked may process payments directly or through a third-party payment processor;
(d) HealthLynked is not responsible for any charges imposed by Healthcare Providers;
(e) HealthLynked is not responsible for any billing practices, errors, or submissions made by Healthcare Providers;
(f) Any disputes regarding charges must be resolved directly between you and the Healthcare Provider;
(g) You may be required to accept the terms and privacy policies of any third-party payment processor used in connection with the Services;
(h) You agree to promptly review all charges and notify HealthLynked of any concerns within a reasonable time, not to exceed twelve (12) months from the date of the transaction; and
(i) You agree to provide accurate, current, and complete payment information and to promptly update such information as necessary.

Payment Processing Limitations

HealthLynked is not responsible for any errors, failures, or delays in payment processing caused by third-party payment processors.

You acknowledge that transactions may not be completed for reasons including, but not limited to:

(A) Inaccurate or incomplete payment information;
(B) Insufficient funds or available credit;
(C) Inability to verify payment credentials or identity;
(D) Suspension or termination of your account or access to the Services;
(E) Suspected unauthorized or fraudulent activity; or
(F) Suspension or termination of services provided to a Healthcare Provider.

11. REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT

You may have the opportunity to submit feedback regarding your experiences with Healthcare Providers, provide information related to your healthcare needs, contribute to your personal health record, and participate in interactive or community features of the Services (collectively, “Posted Information”).

Posted Information may include, without limitation:

• Reviews and ratings of Healthcare Providers
• Comments, questions, or communications
• Health-related information or experiences you choose to share
• Content submitted through chat, messaging, or AI interactions
• Any other information you provide through the Services

User Responsibility for Posted Information

It is important that you act responsibly when providing Posted Information.

You agree that:

• Your Posted Information must comply with these Terms of Use and any applicable Acceptable Use Policy or Community Standards
• You will not submit Posted Information that is false, misleading, fraudulent, defamatory, unlawful, or otherwise inappropriate
• Your Healthcare Provider reviews must reflect your genuine experiences and opinions

HealthLynked may, but is not obligated to, review, monitor, edit, or remove Posted Information for compliance with these requirements.

No Endorsement or Verification

YOU ACKNOWLEDGE THAT:

• HealthLynked does not endorse, verify, or guarantee the accuracy of any Posted Information
• Posted Information reflects solely the views and opinions of the individual submitting it
• HealthLynked is not responsible for any reliance placed on Posted Information

License to Posted Information

Subject to our Privacy Policy to the extent Posted Information includes Personal Data, by submitting Posted Information through the Services, you:

• Grant, and represent and warrant that you have the right to grant, to HealthLynked and its affiliates, agents, contractors, and partners an irrevocable, perpetual, worldwide, royalty-free, fully paid, and fully sublicensable license to:
  • Use, copy, reproduce, display, and distribute such Posted Information
  • Modify, adapt, translate, and create derivative works
  • Incorporate such Posted Information into other works or systems
  • Analyze, process, and utilize such Posted Information for operational, analytical, research, and development purposes

Use in AI and Data Systems

You acknowledge and agree that Posted Information may be used:

• To improve the Services
• To train, develop, and enhance artificial intelligence systems (including ARI)
• To generate de-identified and aggregated insights
• In combination with other data for research, analytics, and product development

Such use may include processing through internal systems or Third Party Software.

Your Representations

You represent and warrant that:

• You have all rights necessary to submit the Posted Information
• Your Posted Information does not violate any third-party rights, including privacy, publicity, intellectual property, or contractual rights
• Your Posted Information is truthful and accurately reflects your experience

Technical Modifications

You understand and agree that HealthLynked may make technical modifications to Posted Information as necessary to:

• Store, display, and transmit such information
• Adapt it to different devices, networks, or systems
• Process it within AI or data systems

No Liability for Posted Information

Posted Information is the sole responsibility of the individual who submitted it.

HEALTHLYNKED SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM OR RELATED TO ANY POSTED INFORMATION OR YOUR RELIANCE THEREON.

Feedback

We welcome feedback, comments, and suggestions regarding the Services (“Feedback”).

By submitting Feedback, you:

• Agree that such Feedback is non-confidential and non-proprietary
• Grant HealthLynked a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, and incorporate such Feedback into the Services or other products without compensation to you.
• The rights granted in this Section include the use of Posted Information in de-identified and aggregated form as described in Section 6 (Medical Information).

12. YOUR USE OF CONTENT

All Content available through the Services, including, without limitation, text, data, software, algorithms, artificial intelligence outputs, designs, graphics, images, video, audio, personal health record tools, and underlying technology, is owned by HealthLynked or its licensors and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws, as well as international treaties.

You acknowledge that the Services, including all underlying systems, software, algorithms, data structures, and AI technologies (including ARI), contain proprietary and confidential information of HealthLynked and its licensors.

HealthLynked grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services and Content solely for your personal, non-commercial use and in accordance with these Terms of Use.

Nothing in these Terms grants you any ownership interest or intellectual property rights in the Services or Content.

Permitted Use

You may:

• Access and use the Services for personal health management and informational purposes
• View, download, and print Content for your personal, non-commercial use

Restrictions on Use

Except as expressly permitted in these Terms, you may not:

• Copy, reproduce, modify, distribute, republish, display, or create derivative works from any Content
• Sell, license, lease, or otherwise exploit any Content or the Services for commercial purposes
• Reverse engineer, decompile, or attempt to extract source code or underlying models from the Services
• Use any automated system (including bots, scrapers, or AI systems) to access, extract, or index Content
• Use Content to develop, train, or improve any competing product, service, or artificial intelligence system
• Remove, obscure, or alter any proprietary notices or labels

AI and Data Protections

You acknowledge and agree that:

• AI-generated outputs (including those from ARI) are part of HealthLynked’s proprietary system
• You may not use such outputs to train, develop, or enhance any external artificial intelligence or machine learning models
• You may not aggregate or repurpose Content or data from the Services to build competing datasets, models, or platforms

Reservation of Rights

Except for the limited rights expressly granted herein:

• HealthLynked retains all right, title, and interest in and to the Services and Content
• No rights or licenses are granted to you by implication, estoppel, or otherwise

13. DISCLAIMER

HealthLynked is designed to support users in managing their health information, accessing healthcare services, and navigating the healthcare system. While we strive to provide a useful and reliable platform, you acknowledge and agree that HealthLynked does not control, and has no obligation to take any action regarding:

(a) which users gain access to the Services;
(b) what Content you access or rely upon;
(c) how Content may affect you;
(d) how you interpret or use any Content; or
(e) any actions you take as a result of accessing or relying on the Services or Content.

You agree that your use of the Services and any Content is at your own risk, and you release HealthLynked from any liability arising from your use of, or inability to use, the Services or any Content.

HealthLynked, together with its licensors, suppliers, partners, affiliates, officers, directors, employees, agents, and representatives (collectively, the “HealthLynked Parties”), makes no representations or warranties regarding:

• Any Healthcare Provider, service, or treatment
• Any Content, including user-generated or AI-generated Content
• Any products or services offered or obtained through the Services

The HealthLynked Parties shall not be responsible or liable for the:

• Accuracy, completeness, or reliability of any Content
• Legality, safety, or appropriateness of any materials accessed through the Services
• Actions, omissions, or services of any Healthcare Provider or third party

HealthLynked has no special relationship with you and does not owe you any fiduciary duty.

“AS IS” AND “AS AVAILABLE” BASIS

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHLYNKED AND THE HEALTHLYNKED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• ACCURACY OR COMPLETENESS
• NON-INFRINGEMENT
• SATISFACTORY QUALITY

NO GUARANTEE OF RESULTS OR AVAILABILITY

HealthLynked does not guarantee that:

• The Services will meet your needs or expectations
• Any results obtained from use of the Services will be accurate, reliable, or effective
• The Services will be available at all times or locations
• The Services will operate without interruption, delay, or error

HealthLynked is not responsible for the accuracy, reliability, timeliness, or completeness of information provided by users, Healthcare Providers, or third parties.

TECHNOLOGY AND SECURITY DISCLAIMER

HealthLynked does not warrant that:

• The Services will be free from defects, bugs, or errors
• Data loss will not occur
• The Services or underlying systems are free from viruses or harmful components
• Any transmission of information, including Medical Information, is completely secure

ARTIFICIAL INTELLIGENCE DISCLAIMER

HealthLynked may use algorithms, machine learning, and artificial intelligence technologies (including ARI) to provide and improve the Services.

YOU ACKNOWLEDGE AND AGREE THAT:

• AI-generated outputs may be incomplete, inaccurate, or biased
• AI systems may produce unexpected or unintended results
• AI outputs are dependent on data inputs and system limitations

THE USE OF AI TECHNOLOGIES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, AND HEALTHLYNKED DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON ANY AI-GENERATED CONTENT.

14. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HEALTHLYNKED IS TO DISCONTINUE USE OF THE SERVICES AND, IF APPLICABLE, CANCEL YOUR HEALTHLYNKED ACCOUNT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF HEALTHLYNKED OR ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “HEALTHLYNKED PARTIES”) FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF:

(i) ONE HUNDRED DOLLARS ($100); OR
(ii) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO HEALTHLYNKED AND RETAINED BY HEALTHLYNKED IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

EXCLUSION OF CERTAIN DAMAGES

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE HEALTHLYNKED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITY
• LOSS OR CORRUPTION OF DATA (INCLUDING PERSONAL HEALTH RECORD DATA)
• LOSS OF GOODWILL OR REPUTATION
• BUSINESS INTERRUPTION OR SYSTEM FAILURE
• COST OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY

ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

HEALTHCARE, AI, AND THIRD-PARTY LIMITATIONS

THE FOREGOING LIMITATIONS EXPRESSLY APPLY TO, WITHOUT LIMITATION:

• ANY MEDICAL DECISIONS OR OUTCOMES RESULTING FROM USE OF THE SERVICES
• ANY ACTS, OMISSIONS, NEGLIGENCE, OR MALPRACTICE OF HEALTHCARE PROVIDERS
• ANY RELIANCE ON CONTENT, INCLUDING AI-GENERATED CONTENT (SUCH AS ARI OUTPUTS)
• ANY ERRORS OR INACCURACIES IN PERSONAL HEALTH RECORD DATA
• ANY INTERACTIONS WITH THIRD-PARTY SERVICES, INCLUDING TELEMEDICINE OR PAYMENT PROCESSING

INCLUDING WHERE HEALTHLYNKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATIONS BASED ON LEGAL JURISDICTION

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.

WAIVER OF UNKNOWN CLAIMS

YOU HEREBY WAIVE ANY AND ALL RIGHTS UNDER ANY LAW OR STATUTE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

You acknowledge that you understand the significance of this waiver and expressly assume the risk of unknown claims.

15. TERMINATION

HealthLynked reserves the right, in its sole discretion, to terminate, suspend, or deactivate your HealthLynked Account and/or your access to the Services at any time, with or without notice, if:

• You violate this Agreement
• You violate any applicable Acceptable Use Policy, Community Standards, or other posted policies
• Your use of the Services presents a risk to the integrity, security, or operation of the Platform
• You engage in fraudulent, unlawful, abusive, or harmful activity
• Your account remains inactive for an extended period
• We are required to do so by law, regulation, or contractual obligation

HealthLynked shall not be liable to you or any third party for any termination, suspension, or deactivation of your access to the Services.

You agree that:

• You will not attempt to access or use the Services after termination, suspension, or deactivation
• Any attempt to circumvent such actions (including creating new accounts without authorization) is a violation of these Terms

Effect of Termination

Termination of your account may result in:

• Loss of access to your account and associated data
• Deletion or anonymization of content associated with your account, subject to applicable law and our Privacy Policy
• Retention of certain information as required for legal, regulatory, or operational purposes

Survival

The following Sections shall survive any termination or expiration of these Terms:

• Sections 1–6 (Services, Medical Information, etc.)
• Sections 9–18 (Third Party Services, Payments, Liability, etc.)
• Any provisions that by their nature are intended to survive

Enforcement Rights

HealthLynked reserves the right to:

• Investigate any suspected violation of these Terms or applicable law
• Remove or restrict access to any Content or functionality
• Take legal action where appropriate, including seeking damages or injunctive relief

16. INDEMNIFICATION

Upon request by HealthLynked, you agree to defend, indemnify, and hold harmless HealthLynked and its affiliates, licensors, suppliers, partners, officers, directors, employees, agents, and representatives (collectively, the “HealthLynked Parties”) from and against any and all claims, liabilities, damages (including direct, indirect, incidental, and consequential damages), losses, demands, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) Your use of or access to the Services;
(b) Your violation of this Agreement, including any applicable policies such as the Acceptable Use Policy or Community Standards;
(c) Your submission, use, or misuse of Medical Information, personal health record data, or Posted Information;
(d) Your violation of any intellectual property, privacy, or other rights of any third party;
(e) Any interactions or disputes between you and any Healthcare Provider or third party;
(f) Any actions taken by any person or system using your Credentials, including any automated system or AI agent acting on your behalf; or
(g) Your misuse of AI Features or reliance on AI-generated Content.

Limitation

The foregoing indemnification obligations shall not apply to the extent that any claim, liability, or expense arises directly from HealthLynked’s gross negligence or willful misconduct.

17. DISPUTE RESOLUTION; BINDING ARBITRATION; JURY TRIAL AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (THE “ARBITRATION AGREEMENT”) THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

BY AGREEING TO THESE TERMS, YOU AND HEALTHLYNKED AGREE THAT ANY DISPUTE (AS DEFINED BELOW) WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE PROVIDED HEREIN, AND THAT YOU AND HEALTHLYNKED WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Informal Resolution First

Most concerns can be resolved by contacting HealthLynked at:

👉 [email protected]

Before initiating arbitration, you agree to comply with the Pre-Arbitration Informal Dispute Resolution process set forth in Section 17.1.

Agreement to Arbitrate

You and HealthLynked agree that any dispute, claim, or controversy arising out of or relating to:

• These Terms of Use
• Your use of the Services
• Personal health record data
• AI Features (including ARI)
• Telemedicine Services
• Payment or transaction processing
• Communications between you and HealthLynked

(each, a “Dispute”)

shall be resolved by final and binding individual arbitration, except where otherwise expressly provided.

Small Claims Exception

Either party may elect to have an individual claim heard in small claims court if:

• The claim qualifies for such court; and
• The matter remains on an individual basis and is not removed or appealed

Federal Arbitration Act

You and HealthLynked agree that:

• These Terms involve interstate commerce
• The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this Arbitration Agreement
• Federal law governs questions of arbitrability

Definition of Dispute

“Dispute” includes any claim or controversy between you and HealthLynked, whether based on:

• Contract
• Tort
• Statute
• Fraud
• Misrepresentation
• Any other legal theory

This includes claims arising:

• Before acceptance of these Terms
• During use of the Services
• After termination

Excluded Disputes

The following are not subject to arbitration:

1. Intellectual property claims (patents, copyrights, trademarks, trade secrets)
2. Claims relating solely to third-party services
3. Claims arising from third-party conduct unrelated to HealthLynked

Authority of Courts vs Arbitrator

The arbitrator shall decide all issues except:

• Scope, validity, or enforceability of the Arbitration Agreement
• Class action waiver enforceability
• Issues reserved for courts under applicable law

These shall be decided by a court of competent jurisdiction.

Regulatory Rights Preserved

Nothing in this Agreement prevents you from:

• Reporting issues to federal, state, or local agencies

17.1 Mandatory Pre-Arbitration Informal Dispute Resolution

You and HealthLynked agree to engage cooperatively and in good faith to attempt to resolve any Dispute prior to initiating arbitration.

Before initiating arbitration, either party must send a written notice (a “Pre-Arbitration Notice”) to the other party.

Your Pre-Arbitration Notice to HealthLynked must include:

(a) A detailed description of the nature and basis of the Dispute, including the specific facts and legal claims involved, and the relief sought (including a reasonably detailed calculation of any damages claimed);
(b) Your full name, mailing address, and the email address and/or phone number associated with your HealthLynked account; and
(c) Sufficient information to enable HealthLynked to identify any transaction, interaction, or Services at issue.

Your Pre-Arbitration Notice must be personally signed by you (and your attorney, if represented) and must be sent to:

[email protected]

HealthLynked’s Pre-Arbitration Notice to you will be sent to the most recent contact information associated with your account.

For a period of sixty (60) days from receipt of a complete Pre-Arbitration Notice, you and HealthLynked agree to use reasonable efforts to resolve the Dispute informally.

If requested by HealthLynked in connection with a Pre-Arbitration Notice initiated by you, you agree to participate in an individualized settlement conference (which may be conducted by telephone or video), and if you are represented by counsel, your attorney may also participate.

If the Dispute is not resolved within the 60-day period (which may be extended by mutual agreement), either party may initiate arbitration in accordance with Section 17.2.

Condition Precedent to Arbitration

Compliance with this informal dispute resolution process is:

MANDATORY AND A CONDITION PRECEDENT TO INITIATING ARBITRATION

Any applicable statutes of limitation will be tolled during this process.

If there is a dispute regarding:

• The sufficiency of a Pre-Arbitration Notice
• Compliance with this informal resolution process

Such issues may be raised before a court of competent jurisdiction, and any arbitration shall be stayed pending resolution of those issues.

The court shall have authority to enforce this requirement, including:

• Enjoining the filing or prosecution of arbitration
• Preventing the assessment or payment of arbitration fees

17.2 Arbitration Rules and Procedures

If the parties are unable to resolve the Dispute through the informal dispute resolution process described in Section 17.1, the Dispute shall be finally resolved by binding arbitration.

Arbitration shall be administered by the American Arbitration Association (the “AAA”) in accordance with its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (collectively, the “Rules”), in effect at the time the arbitration is initiated, as modified by this Agreement. Copies of the Rules are available at www.adr.org.

Unless otherwise required by applicable law, arbitration shall take place in the State of Florida, in Lee County or the applicable federal district, and shall be conducted in the English language.

The arbitrator shall apply applicable law consistent with these Terms of Use and shall resolve all Disputes based solely on the evidentiary record. The arbitrator shall not consolidate the claims of multiple parties, nor preside over any form of class, collective, consolidated, or representative proceeding. The parties may agree in writing to use a different arbitration provider, forum, or arbitrator.

To initiate arbitration, the initiating party must submit a demand for arbitration to the AAA and provide a courtesy copy to the other party. If you initiate arbitration, you must provide a courtesy copy to HealthLynked at its principal place of business (or other designated address), with an electronic copy sent to [email protected]. If HealthLynked initiates arbitration, it will provide notice to the most recent contact information associated with your account.

Any arbitration demand must include a copy of the applicable Pre-Arbitration Notice and a certification of compliance with the informal dispute resolution process set forth in Section 17.1. Such certification must be personally signed by the initiating party or its legal counsel.

By submitting an arbitration demand, the initiating party and its counsel certify, to the best of their knowledge after reasonable inquiry, that:
(a) the claim is not being presented for any improper purpose, including to harass or cause unnecessary delay;
(b) the legal claims are warranted by existing law or by a non-frivolous argument for modifying or extending the law; and
(c) the factual allegations have evidentiary support or are likely to have evidentiary support after reasonable investigation.

The arbitrator shall have the authority to impose sanctions consistent with Federal Rule of Civil Procedure 11 if it determines that a claim or filing is frivolous, improper, or brought in bad faith.

17.3 Cost of Arbitration

Payment of arbitration fees shall be governed by the applicable AAA Rules, as modified by this Arbitration Agreement, unless the parties mutually agree to a different arbitration provider.

The parties agree that they share an interest in reducing costs and promoting efficiency in arbitration and shall cooperate in good faith, including engaging with the AAA where appropriate, to ensure that arbitration remains cost-effective.

The arbitration shall be conducted by a single arbitrator, who shall apply these Terms of Use as a court would and shall adjudicate the Dispute based on applicable law and the evidentiary record.

To the extent permitted by law, HealthLynked will not seek to recover its attorneys’ fees or costs in arbitration unless the arbitrator determines that a claim is frivolous or that a party or its counsel has violated the standards of Federal Rule of Civil Procedure 11, which the parties agree shall apply in arbitration. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply where appropriate and may be enforced by the arbitrator following entry of an award.

HealthLynked may, in its discretion, consider requests to reimburse consumer filing fees upon a demonstration of financial hardship.

Individual Arbitration Requirement

UNLESS BOTH YOU AND HEALTHLYNKED EXPRESSLY AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE BROUGHT AND RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

Claims of more than one person may not be arbitrated jointly or consolidated with those of any other person.

The arbitrator may award relief that would be available in court, including damages or equitable relief, but only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator shall have no authority to issue relief on a class-wide, representative, or public injunctive basis and may not modify or disregard the class action waiver provisions set forth in this Agreement.

If any portion of this Section is found unenforceable with respect to a particular claim or request for relief, and all appeals have been exhausted or the decision is otherwise final, that claim or request for relief shall proceed in a court of competent jurisdiction, while all remaining claims shall remain subject to arbitration.

17.4 Additional Procedures for Coordinated Disputes / Mass Filings

You and HealthLynked agree that the following additional procedures shall apply, in addition to all other provisions of this Section 17, if your Dispute is part of a “Mass Filing.”

For purposes of this Agreement, a “Mass Filing” means twenty-five (25) or more similar Disputes (including your Dispute) that are asserted against HealthLynked by the same or coordinated counsel, or otherwise coordinated, whether filed simultaneously or over time.

You acknowledge and agree that if your Dispute is part of a Mass Filing, the additional procedures set forth in this Section shall apply, and the resolution of your Dispute may be delayed.

Cooperation and Informal Resolution

The parties agree that throughout the Mass Filing process, their respective counsel shall meet and confer in good faith to:

• Promote informal resolution of Disputes
• Streamline procedures
• Address the informal exchange of information
• Modify the number of Disputes to be adjudicated
• Promote efficiency and conservation of resources

Tolling of Limitations

For any Dispute that is part of a Mass Filing, any applicable statute of limitations shall be tolled from the date a valid Pre-Arbitration Notice is received until the Dispute is:

• Submitted to arbitration
• Settled
• Withdrawn
• Otherwise resolved

Court Enforcement

A court of competent jurisdiction shall have authority to enforce this Section, including by:

• Enjoining the filing or continuation of a Mass Filing
• Enjoining the administration of arbitrations
• Enjoining the assessment or collection of arbitration fees

This Section and each of its requirements are essential elements of the Arbitration Agreement.

If a court of competent jurisdiction determines that this Section applies but is unenforceable with respect to your Dispute, and all appeals have been exhausted or the decision is otherwise final, then your Dispute shall not proceed in arbitration and shall instead proceed in a court of competent jurisdiction, consistent with the remainder of these Terms of Use.

STAGE ONE

If a Mass Filing involves at least fifty (50) Disputes:

Each side shall select twenty-five (25) Disputes (per side) to proceed in individual arbitration proceedings as part of an initial staged process.

Alternatively, either party may elect to have its Disputes selected randomly.

If fewer than fifty (50) Disputes are asserted, all Disputes shall proceed individually in Stage One.

Each selected Dispute shall:

• Be assigned to a separate arbitrator; and
• Proceed as an individual arbitration

If a selected Dispute is withdrawn without the consent of both parties, a replacement Dispute shall be selected consistent with the selection process described above.

All remaining Disputes shall:

• Not be filed or deemed filed in arbitration; and
• Not incur arbitration fees

until selected in a subsequent stage.

Post-Stage One Mediation

If the Disputes are not resolved after Stage One, the parties shall participate in a global mediation session with a mutually agreed-upon retired federal or state court judge.

HealthLynked shall pay the mediator’s fees.

STAGE TWO

If Disputes remain unresolved following Stage One:

Each side shall select fifty (50) Disputes (per side) to proceed in a second staged process.

Alternatively, either party may elect random selection.

If fewer than one hundred (100) Disputes remain, all shall proceed in Stage Two.

No more than three (3) Disputes may be assigned to a single arbitrator unless otherwise agreed by the parties.

If a selected Dispute is withdrawn without consent, a replacement Dispute shall be selected.

All remaining Disputes shall:

• Not be filed or deemed filed; and
• Not incur arbitration fees

until selected.

Post-Stage Two Mediation

Following completion of Stage Two, the parties shall again participate in a global mediation session with a mutually agreed-upon retired judge.

HealthLynked shall pay the mediator’s fees.

FINAL STAGE

After completion of Stage Two mediation:

Any remaining Disputes that are not resolved or withdrawn shall proceed in individual arbitration proceedings consistent with the Stage Two process, unless the parties agree to an alternative resolution method.

Selection of Disputes at this stage shall be random unless otherwise agreed.

Further mediation may occur by mutual agreement.

Enforcement of Staging Requirement

A court of competent jurisdiction shall have authority to enforce this staged arbitration process, including by:

• Enjoining the Mass Filing
• Enjoining arbitration administration
• Preventing the assessment or collection of arbitration fees

17.5 Waiver of Jury Trial; Waiver of Class Actions

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HEALTHLYNKED WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY.

YOU AND HEALTHLYNKED FURTHER AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT.

Instead, all Disputes shall be resolved through individual arbitration as set forth in this Agreement. Arbitration procedures are generally more limited, more efficient, and less costly than court proceedings and are subject to limited judicial review.

In any litigation between you and HealthLynked regarding whether to enforce or vacate an arbitration award, YOU AND HEALTHLYNKED WAIVE ALL RIGHTS TO A JURY TRIAL and agree that such dispute shall be resolved by a judge.

Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION.

If this class action waiver is found to be invalid or unenforceable, then the Arbitration Agreement shall not apply, and any such claims shall proceed exclusively in a court of competent jurisdiction as set forth in Section 17.7.

 

17.6 Opt-Out

 

You have the right to opt out of this Arbitration Agreement by sending written notice of your decision within thirty (30) days of first accepting these Terms of Use.

Your opt-out notice must include:

(i) your full name and residential address;

(ii) the email address and/or telephone number associated with your HealthLynked account; and

(iii) a clear statement that you wish to opt out of the Arbitration Agreement.

Your notice must be personally signed and sent to:

HealthLynked Corp

Attn: Legal

1265 Creekside Parkway Naples, Florida 34108

with a copy sent via email to: [email protected]

If you opt out of this Arbitration Agreement, all other provisions of these Terms of Use shall remain in full force and effect.

 

17.7 Exclusive Venue

 

If you opt out of the Arbitration Agreement as provided in Section 17.6, or if the Arbitration Agreement is otherwise deemed not to apply to a particular Dispute, then you and HealthLynked agree that any judicial proceeding (other than small claims actions) shall be brought exclusively in the state or federal courts located in the State of Florida, in Lee County or the applicable federal district.

You and HealthLynked consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.

 

17.8 Severability

 

Except as otherwise expressly provided in this Arbitration Agreement, if any provision or portion of this Arbitration Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed to the minimum extent necessary, and the remainder of this Arbitration Agreement shall remain in full force and effect.

This Arbitration Agreement shall survive the termination of your relationship with HealthLynked and the termination or expiration of these Terms of Use.

 

17.9 Future Changes to Arbitration Agreement

If HealthLynked makes any material changes to this Arbitration Agreement (other than changes to contact information), you may reject such changes by sending a personally signed written notice within thirty (30) days of the change.

Your notice must be sent to:

HealthLynked Corp

Attn: Legal

1265 Creekside Parkway Suite 200 Naples, Florida 34108

with a copy sent via email to: [email protected]

Your rejection of any such change shall not constitute a complete opt-out of arbitration. By rejecting a modification, you agree that any Dispute between you and HealthLynked will be governed by the most recent version of the Arbitration Agreement that you have not rejected.18. MISCELLANEOUS

18.1 Electronic Contracting; Copyright Dispute

Your affirmative act of using the Services and/or creating a HealthLynked Account constitutes your electronic signature to this Agreement, which includes, without limitation, the Privacy Policy, Acceptable Use Policy, and any Community Standards or similar guidelines incorporated herein by reference.

You agree that this Agreement and any related documents may be electronically signed, and that any electronic signatures shall have the same legal effect, validity, enforceability, and admissibility as handwritten signatures.

For information regarding copyright disputes or claims of intellectual property infringement, please refer to our Acceptable Use Policy or other applicable notices provided through the Services.

18.2 Phone and Text Communications

(a) Transactional Communications

By voluntarily providing your mobile phone number to HealthLynked and agreeing to receive communications, you expressly consent to receive telephone calls and text messages (including SMS, MMS, or successor technologies) for transactional, operational, and informational purposes, including, without limitation:

• Appointment confirmations and reminders
• Account notifications
• Telehealth coordination
• Service-related communications

Message and data rates may apply. Message frequency may vary. You may reply STOP to opt out or HELP for assistance.

(b) Marketing Communications

By opting in to receive marketing communications, you expressly consent to receive recurring automated calls and text messages regarding:

• HealthLynked services and features
• Promotions, offers, and events
• Updates related to your relationship with HealthLynked

Consent to receive marketing communications is not required as a condition of using the Services.

Message and data rates may apply. Message frequency may vary. You may reply STOP to opt out or HELP for assistance.

(c) Representations; Indemnity

You represent and warrant that:

• The phone number you provide is accurate and belongs to you or that you have authorization to provide it
• Any individual for whom you provide a phone number has consented to receive communications

You agree to indemnify and hold harmless HealthLynked from any claims, damages, liabilities, or expenses (including attorneys’ fees) arising from:

• Your provision of an incorrect or unauthorized phone number
• Your failure to update your contact information
• Any violation of applicable telecommunications laws, including the Telephone Consumer Protection Act (TCPA) or similar laws

(d) Participation Requirements

To receive text messages, you must:

• Have a compatible wireless device
• Use a participating wireless carrier
• Maintain an active text messaging service plan

HealthLynked does not guarantee that messages will be delivered in all locations or on all devices.

(e) Opt-Out Instructions

You may opt out of receiving communications at any time by:

• Adjusting your account settings
• Replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message
• Following instructions provided in communications

You acknowledge that a final confirmation message may be sent following your opt-out request. Opting out of certain communications may affect your ability to use certain features of the Services.

(f) Accurate Account Information

You agree to maintain accurate and current contact information. If your phone number changes, you must promptly update your account.

(g) Customer Service

For questions regarding communications, you may contact:
[email protected]

18.3 Limitation of Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or related to this Agreement or the Services must be filed within one (1) year after such claim arises, or it shall be permanently barred.

18.4 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Any invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

18.5 Governing Law; Language

This Agreement shall be governed by and construed in accordance with:

• The Federal Arbitration Act
• Applicable federal law
• The laws of the State of Florida, without regard to conflict of law principles

This Agreement is drafted in the English language, which shall control in the event of any inconsistency with translated versions.

18.6 Entire Agreement; Waiver

This Agreement, together with any incorporated policies (including the Privacy Policy and Acceptable Use Policy), constitutes the entire agreement between you and HealthLynked and supersedes all prior agreements, whether written or oral.

The failure of HealthLynked to enforce any provision shall not constitute a waiver of any rights.

18.7 Headings

Section headings are for convenience only and shall not affect the interpretation of this Agreement.

18.8 Assignment

HealthLynked may assign or transfer this Agreement at any time, including in connection with a merger, acquisition, or sale of assets.

You may not assign or transfer this Agreement without prior written consent. Any attempted assignment in violation of this Section shall be null and void.

18.9 Eligibility

You must be at least eighteen (18) years old, or the legal age of majority in your jurisdiction, to use the Services.

If you use the Services on behalf of another individual, including a minor, you represent and warrant that you have the legal authority to act on their behalf and to bind them to this Agreement.

If you do not meet these requirements, you may not use the Services.

The Services are administered in the United States and are intended for use by U.S.-based users. Use of the Services outside the United States is at your own risk and subject to compliance with applicable laws.

By using the Services, you represent and warrant that you have the legal right, authority, and capacity to enter into this Agreement.