Terms of Service

These Terms of Service ("Agreement" or "Terms") constitute a binding agreement between you ("you" or "Customer") and ClinicPlus LLC DBA O&P Assist, a Washington limited liability company ("O&P Assist", "we", "us", or "our"). These Terms govern your use of O&P Assist's platform, which enables health service providers to conduct, store, analyze, and manage client sessions using features such as automatic transcription, summaries, and related tools (the "Platform").

By accessing our websites, including www.op-assistant.com and affiliated mobile websites owned or operated by us, our predecessors, successors, or affiliates (collectively, the "Websites"), or any services, applications, software, features, or products accessible through the Platform (collectively, the "Services"), you agree to read, acknowledge, and accept all terms and conditions herein. The materials in the Services are protected by applicable copyright and trademark laws.

Your use of the Services is also subject to our Privacy Policy, available at www.op-assistant.com/privacy. Please review these policies carefully and contact us at info@op-assistant.com with any questions.

We may update these Terms at our sole discretion. We will notify you of material changes via email or in-platform alerts at least 30 days before they take effect. Continued use of the Services after updates constitutes your consent to the revised Terms. Check this page regularly for updates.

To use the Services, you must create a user account on the Platform, providing accurate, current, and complete information in good faith. You agree to update your information promptly if it changes.

Your account must specify all users who will receive individual profiles and access to the Services ("Seats"). Each Seat is for a single user only. Sharing Seat credentials with others is strictly prohibited and constitutes a material breach, which may result in immediate account termination. You must also select the products you wish to use from our available offerings at www.op-assistant.com/pricing.

You and all Providers with Seats must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally capable of forming a binding contract with us. If providing services through the Platform, you must hold all required licenses. Non-compliance is a material violation of these Terms.

You are responsible for all activity conducted through your account or Seats, whether authorized or not, including communications, data transmissions, and obligations incurred. If you suspect your account has been compromised, contact us immediately at support@op-assistant.com.

Providing false registration information or using another's information without authorization is prohibited and may result in account suspension or termination.

Account-related notifications (e.g., password changes, confirmations) will be sent electronically to the email address provided during registration.

You are responsible for all activity on your account. Violations of our policies through your account or Seats may lead to account suspension or termination.

The Services may not be used for illegal activities, harassment, fraud, or technical exploitation (e.g., hacking, malware). Such actions through your account or Seats grant us the right to immediately terminate this Agreement, close your account, and remove your content from the Platform.

If you observe potential violations, please report them to info@op-assistant.com.

As a Customer, you represent and warrant that you are a licensed provider of orthotics, prosthetics, or related healthcare services, compliant with all applicable laws and regulations. You will not use the Services if such use violates these laws.

You may use the Platform to conduct, facilitate, record, upload, process, and manage sessions ("Sessions") with your clients or patients ("Users").

Before conducting a Session with a User, you must obtain their informed consent for recording, as prompted by the Platform or through your own compliant method. Sessions are recorded automatically but deleted by default upon completion unless you choose to retain them with User consent.

You are solely responsible for obtaining and confirming User consent for the receipt, use, processing, storage, and disclosure of their personal data through the Services, in compliance with applicable laws (e.g., HIPAA, 45 CFR § 164.508). You must ensure Users agree to a privacy policy—either ours, available at www.op-assistant.com/privacy, or your own, provided it permits data sharing with us.

We are not responsible for the accuracy or compliance of AI-generated content (e.g., transcripts, summaries). You must review, edit, and verify all such content before use.

Recording Sessions may require consent from all participants (e.g., Users, family members) under applicable laws. You are solely responsible for providing required notices and obtaining consents before recording or uploading Sessions. Our consent tools (e.g., notices, guides) are informational only and do not constitute legal advice. You bear full responsibility for ensuring compliance with federal, state, and local laws.

If your usage exceeds our free plan or trial period, you may access the Services through subscriptions outlined at www.op-assistant.com/pricing or custom agreements ("Paid Subscriptions").

Free trials are provided for evaluation purposes only. Creating multiple accounts to extend free trial benefits or using free trial access for commercial purposes without authorization is strictly prohibited. Such actions may result in immediate termination of the trial access and potential barring from future use of the Services.

You are responsible for all applicable taxes (e.g., sales, use, excise), except taxes on our income. Stripe, our Payment Processor, may apply taxes automatically, but you remain responsible for self-reporting where required.

Paid Subscriptions auto-renew unless canceled before the period ends. No refunds are issued for partial periods. We may adjust fees with 30 days' advance notice via email or in-platform alerts.

All payments for Paid Subscriptions are non-refundable. However, we may consider refund requests on a case-by-case basis at our sole discretion.

You agree not to (directly or through a third party):

• Engage in abusive conduct as defined in Section 3;
• Use the Services for illegal activities under any applicable jurisdiction;
• Sell or sublicense the Services without our written consent;
• Modify, reverse engineer, or decompile the Services;
• Compromise the security of the Services or Websites (e.g., hacking);
• Impersonate another person;
• Share account credentials with unauthorized parties, violating HIPAA (e.g., 45 CFR § 164.508) or without User disclosure authorization;
• Use the Services if you are a direct competitor of O&P Assist, as determined by us in our sole discretion.

We implement reasonable security measures, such as encryption and access controls, to protect the Services and your data. However, we cannot guarantee absolute security, and you are responsible for safeguarding any data you upload or collect through the Services.

We monitor Platform usage through automated and manual reviews to ensure compliance with these Terms and investigate reported violations.

We aim to resolve violations collaboratively, but repeated or severe breaches may result in account restriction or termination.

We reserve the right to restrict or terminate your access for violating these Terms or based on repeated User or Customer reports.

We may test, add, or remove features to improve the Services, notifying users via email or in-platform alerts if changes significantly alter these Terms.

Report suspected violations to info@op-assistant.com.

Customers may earn rewards for referring new Customers who purchase Paid Subscriptions ("New Customers") under our Referral Program at www.op-assistant.com/referrals.

Upon a New Customer's Paid Subscription purchase, you receive a non-transferable, one-time Referral Credit, subject to a Reward Limit specified at www.op-assistant.com/referrals. Exceeding this limit may delay payouts to prevent misuse.

We may modify the Referral Program at our discretion with notice at www.op-assistant.com/referrals.

The Platform may generate content such as clinical notes, forms, or compliance checks ("Generated Content") to assist with documentation.

Generated Content is for informational purposes only and does not constitute legal, medical, or professional advice. While we maintain HIPAA compliance and make best efforts to ensure accuracy and completeness of Generated Content, you are solely responsible for reviewing, verifying, and adapting all Generated Content to meet your specific practice needs and applicable regulations.

Generated Content is provided "as is," with no warranties of merchantability, fitness, or non-infringement.

We are not liable for claims or losses from your use of Generated Content, including indirect or consequential damages.

To permanently delete your account, contact support@op-assistant.com. Deletion requests are processed within 30 days. See our Privacy Policy at www.op-assistant.com/privacy for details on data retention.

We may suspend or terminate your account at our discretion, including for policy violations, with notice where feasible.

These Terms remain in effect post-account deletion for applicable provisions (e.g., indemnity, liability).

Contact support@op-assistant.com for Service-related questions. We aim to respond within 48 hours, with guaranteed availability per separate contracts. Response times are targets only and not guaranteed service levels. For guaranteed support response times, please inquire about our Enterprise plans.

You agree to cooperate with our Customer Support team. HIPAA-trained staff may access your or your clients' data solely to resolve issues, for the minimum time necessary. You may opt out of data access, but this may limit troubleshooting.

Our staff undergo annual HIPAA training to ensure compliance.

All materials on the Services, including text, graphics, data, and your submissions ("Content"), are protected by copyright, trademark, or other intellectual property rights ("Intellectual Property"), whether registered or not. You warrant that you have all rights to Content you contribute and will comply with all copyright, trademark, and restriction notices.

All Services and related Intellectual Property (e.g., trademarks, designs, databases, trade secrets) are owned solely by O&P Assist. You gain no rights to such Intellectual Property except as expressly granted herein. You have no access to the Services' source code.

You may not sublicense, assign, or encumber the Services without our written consent.

We respect intellectual property rights and may remove infringing Content or terminate repeat infringers' accounts. Report violations to info@op-assistant.com per our DMCA policy at www.op-assistant.com/dmca.

To the fullest extent permitted by law, you agree to indemnify and hold O&P Assist, its affiliates, officers, employees, and partners harmless from claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from:

• Your use of the Services, including actions by third parties using your account;
• Your violation of these Terms.

We will attempt to notify you of claims via email or account contact information, but failure to notify does not reduce your obligations.

The Services are provided "as is," with no warranties of merchantability, fitness for a particular purpose, non-infringement, or otherwise, except where prohibited by law.

We perform daily backups of Service data but are not liable for data loss to the fullest extent permitted by law.

We are not liable for Service disruptions or non-availability.

These disclaimers apply to our affiliates and third-party providers.

To the extent permitted by law, O&P Assist, its affiliates, officers, employees, agents, and licensors are not liable for:

• Indirect, consequential, special, incidental, punitive, or exemplary damages;
• Loss of use, data, business, revenues, or profits, including damages for lost profits, goodwill, work stoppage, or system failures, whether in contract, tort, or otherwise, even if advised of such damages.

Our liability is limited to the fees paid by you for the Services in the 12 months preceding the claim, including taxes and add-ons.

We are not liable for Service disruptions, data inaccessibility, or losses from conflicting agreements.

O&P Assist is not a medical device and does not provide diagnosis, prognosis, or medical advice, per Medical Devices Regulation (EU) 2017/745 and FD&C Act (US). You agree not to use the Services for such purposes.

"We," "our," and "O&P Assist" include our affiliates, officers, employees, and third-party providers.

We may assign this Agreement to a third party without diminishing your rights, effective upon email or in-platform notification to you.

You may not assign this Agreement without our written consent.

These Terms are governed by the laws of the State of Washington, excluding conflict-of-law principles.

For disputes arising from these Terms or Service use, contact us at info@op-assistant.com. Unresolved disputes shall be resolved exclusively by state or federal courts in King County, Washington.

These Terms, with referenced policies, constitute the entire agreement, superseding prior agreements. If a provision is unenforceable, it will be modified to be enforceable or severed, leaving other provisions intact. Failure to enforce a right does not waive future enforcement.

Material changes to these Terms (i.e., those affecting your rights or obligations) will be notified 30 days in advance via email or in-platform alerts. Continued use implies consent.

Where applicable under HIPAA, this Agreement incorporates by reference the Business Associate Agreement available upon request, which governs our handling of Protected Health Information.