Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, the Xyntheon platform, the Xyntheon app for iPhone (the "App"), the Xyntheon patient portal, and our related products and services (collectively, the "Services") provided by Xyntheon, Inc. ("Xyntheon", "we", "us", or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Who These Terms Cover, and Agreements That Come First

Xyntheon makes software that healthcare practices ("Practices") use to run their patient communications, clinical operations, and front and back office work. These Terms cover visitors to our websites, staff of a Practice who use the platform or the App, and patients who use the patient portal.

If your Practice has a signed agreement with Xyntheon — such as a services agreement, order form, or business associate agreement — that agreement controls over these Terms for the Practice's use of the platform, to the extent they conflict. Nothing in these Terms changes Xyntheon's obligations as a business associate under HIPAA.

2. Use of the Services

You may use the Services only in compliance with these Terms and all applicable laws, including HIPAA where it applies to you. You are responsible for your conduct and any data, text, or communications you submit to the Services. You agree not to:

• Access or use the Services, or any patient information in them, except as authorized by your Practice and permitted by law;
• Share your sign-in, or access the platform with someone else's sign-in;
• Misuse the Services, including by attempting to probe, scan, or test the vulnerability of any system or network without permission, or by interfering with their operation;
• Copy, resell, sublicense, or provide the Services to any third party, or use them to build a competing product;
• Upload content that is unlawful or infringes the rights of others, or use the Services to send spam or messages that violate telephone and messaging laws.

3. Eligibility

The website and platform are intended for healthcare professionals, clinic operators, and others evaluating or using Xyntheon for business purposes. By using them you represent that you are at least 18 years old and authorized to act on behalf of any organization you represent. The patient portal is intended for patients of a Practice, who may use it at any age as part of their care; a parent or guardian may use it on a minor patient's behalf.

4. Staff Accounts

Your Practice creates and manages staff accounts; the App is not open to the public. You are responsible for keeping your sign-in secure and for activity under your account, and you must tell your Practice promptly if you believe your account has been compromised. As described in our Privacy Policy, staff access to patient records is logged. Your Practice can end your access at any time, and you can decommission your account as described in the Privacy Policy.

5. The App

Xyntheon grants you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple devices that you own or control, as permitted by the App Store Terms of Service, for your work with your Practice. These Terms are between you and Xyntheon, not Apple. Apple has no obligation to provide maintenance or support for the App and is not responsible for addressing any claims relating to the App, including product liability, legal or regulatory claims, or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of this Section 5 and may enforce it against you.

6. The Patient Portal

Patients use the portal through secure links their Practice sends, or by signing in with a mobile number, as described in our Privacy Policy. By using the portal you agree to provide accurate information, to use only links and codes sent to you, and not to attempt to access another person's information. Information you submit through the portal becomes part of your Practice's records; your Practice — not Xyntheon — is responsible for your care, for responding to what you send, and for its own policies on appointments, deposits, and refunds.

Do not use the Services for emergencies. The portal and the platform are not monitored for urgent medical situations. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room.

7. SMS / Text Messaging Terms

This section covers text messages Xyntheon sends to you after you opt in on our website. Text messages a Practice sends to its patients through the platform are sent on the Practice's behalf.

If you provide your phone number and consent on our website, you agree to receive SMS text messages from Xyntheon at the number you provided. These messages may include:

• Account notifications and service updates
• Support and operational communications
• Scheduling and appointment confirmations
• Responses to inquiries you initiated

Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Consent to receive SMS messages is not a condition of any purchase. You may opt out at any time by replying STOP to any message from us. For help, reply HELP or contact hello@xyntheon.com. After you send STOP, you may receive one final confirmation message. Supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, U.S. Cellular, MetroPCS, and others.

8. AI Features

The platform uses artificial intelligence to draft replies, answer command-bar requests, transcribe calls, and generate speech, as described in our Privacy Policy. AI-generated content can be inaccurate or incomplete. Staff must review AI-generated drafts, transcripts, and suggestions before relying on them or sending them to a patient. AI features do not provide medical advice and are not a substitute for professional judgment.

9. Payments

Payment cards entered in the Services are processed by Stripe; card details go directly to Stripe, as described in our Privacy Policy. Charges that patients pay through the portal or at a Practice are made under the Practice's own Stripe account, and the Practice is responsible for its prices, deposits, billing, and refunds. Fees a Practice owes Xyntheon for the Services are set out in the Practice's agreement with us.

10. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information, including protected health information handled under HIPAA.

11. Intellectual Property

The Services, including all content, features, and functionality, are owned by Xyntheon and protected by United States and international intellectual property laws. XYNTHEON is a registered trademark of its owner, used by Xyntheon, Inc. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written permission. Patient records and other information a Practice or its patients submit to the Services remain the Practice's; these Terms give Xyntheon only the rights needed to provide the Services, consistent with the Practice's agreement with us and HIPAA.

12. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied. Xyntheon does not warrant that the Services will be uninterrupted, error-free, or secure. The Services are software: they are not intended to provide medical advice, diagnosis, or treatment, and clinical decisions remain the responsibility of licensed healthcare providers. Xyntheon is not a healthcare provider and is not a party to the relationship between a Practice and its patients.

13. Limitation of Liability

To the maximum extent permitted by law, Xyntheon and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Services. Nothing in these Terms limits obligations under a Practice's signed agreement with Xyntheon, including a business associate agreement.

14. Suspension and Termination

We may suspend or end your access to the Services if you violate these Terms, if your Practice's agreement with us ends, or where necessary to protect the Services, our users, or patient information. Your Practice may end your access at any time. Sections of these Terms that by their nature should survive — including intellectual property, disclaimers, and limitation of liability — survive termination. Records are retained after termination as described in our Privacy Policy.

15. Changes to These Terms

We may update these Terms from time to time. The most current version will always be posted on this page with the date it was last updated. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to its conflict of laws provisions.

17. Contact

Questions about these Terms? Contact us at hello@xyntheon.com.