Welcome to TeamDoctor. Before using our platform and services, it is important that you review and understand these Terms of Service ("Terms"). If you do not agree to these Terms, you should not accept them, create an account, or use our platform or services.

PLATFORM OVERVIEW

TeamDoctor is a web-based platform that provides non-downloadable software designed for independent healthcare practices. Our services include workflow automation, marketing tools, performance analytics, scheduling systems, and business optimization features—all accessible online without the need for installation.

We may update these Terms from time to time and will notify you of any material changes by posting a notice on our platform or sending you an email to the address associated with your account. By continuing to use our platform after updates, you agree to the revised Terms.

Always seek legal counsel to ensure you understand and comply with these Terms. These Terms include important provisions that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.

By accepting these Terms, you agree to the legal commitment between you (or the business entity you represent) and "TeamDoctor," "we," "us," or "our").

1. USE OF PLATFORM

1.1 Age Restrictions

You must be at least 18 years old to use our platform. By accepting these Terms, you confirm that you meet this requirement. If you allow a minor (aged 13–17) to use the platform under your supervision, you assume full responsibility for their use, including compliance with all applicable laws and regulations, and agree to supervise their activities on the platform.

1.2 Platform Account Ownership

You must provide accurate, current, and complete information when registering for an account. You agree to promptly update your information to maintain its accuracy. If you register on behalf of a business, the business entity owns the account. By accepting these Terms on behalf of a business, you represent and warrant that you have the authority to bind the business to these Terms.

1.3 Intended Use

You and your authorized users may only use the platform for lawful purposes and in accordance with these Terms. The platform is intended to be accessed online and does not include downloadable software. You agree to use the platform only for its intended business purposes and not for any unlawful, unauthorized, or prohibited activities.

1.4 Privacy

By using our platform, you agree to our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that you have read and understood our Privacy Policy, which describes how we collect, use, and share your information.

If you collect, store, or process personal information through the platform (including patient or customer data), you must:

• Maintain your own privacy policy that complies with applicable laws

• Inform your customers about data collection and use practices

• Obtain necessary consents from individuals whose data you collect

• Comply with all applicable data protection laws, including HIPAA (where applicable), GDPR, CCPA, and other privacy regulations

1.5 Login Credentials and Account Security

You are responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree to:

• Use strong passwords and keep them secure

• Not share your login credentials with unauthorized persons

• Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach

• Take all reasonable steps to prevent unauthorized access to your account

We reserve the right to disable, suspend, or terminate accounts if we detect security concerns, policy violations, or suspicious activity. You are responsible for all activities that occur under your account, whether or not authorized by you.

1.6 Use of Communication Services

If you use the platform's communication features (including SMS, email, voice calls, and any other messaging functionality), you are solely responsible for ensuring full compliance with all applicable laws, including but not limited to:

• The Telephone Consumer Protection Act (TCPA)

• The CAN-SPAM Act

• Federal Trade Commission (FTC) regulations

• State telemarketing laws

• Healthcare privacy laws such as HIPAA and HITECH (where applicable)

• Any other applicable federal, state, or local laws

You must:

• Obtain proper consent before sending communications to recipients

• Provide clear opt-out mechanisms in all marketing communications

• Honor opt-out requests promptly

• Maintain records of consent and opt-outs

• Ensure all communications are truthful and not misleading

Any misuse of the platform—such as sending unauthorized communications, violating these laws, engaging in spam or unsolicited marketing, or using the platform in a manner inconsistent with its intended purpose—may result in the immediate suspension or termination of your account. We also reserve the right to take such action if your use negatively impacts platform performance, security, or availability for other users.

1.7 Third-Party Services and Integrations

The platform may integrate with or link to third-party services, applications, or websites (such as payment processors, calendar applications, or email services), which we do not own or control. We are not responsible for:

• The availability, performance, or functionality of third-party services

• Issues, damages, or losses that arise from third-party services

• The privacy practices or terms of service of third-party providers

• Any fees charged by third-party services

Your use of third-party services is governed by their respective terms and privacy policies. We encourage you to review them before use.

1.8 Third-Party Content

We may display third-party content, advertisements, or links on the platform, but we do not endorse, guarantee, or assume responsibility for the accuracy, completeness, or reliability of such content. You access third-party content at your own risk.

1.9 Customizations and Modifications

If you customize, modify, or extend the platform's functionality (where permitted), you must ensure that your modifications:

• Do not infringe on any intellectual property rights of third parties

• Comply with all applicable laws and regulations

• Do not interfere with the platform's operation or security

• Do not violate these Terms

We are not responsible for any issues arising from your customizations.

1.10 Usage Limits and Restrictions

Your subscription plan may include specific usage limits, such as:

• Number of users or contacts

• Storage capacity

• Number of communications sent

• API call limits

• Other resource constraints

If your usage exceeds your plan limits, we may:

• Require you to upgrade to a higher-tier plan

• Charge overage fees as specified in your pricing plan

• Restrict or throttle your access until usage is reduced

• Suspend your account if excessive use continues

We will make reasonable efforts to notify you before taking restrictive actions due to excessive usage.

1.11 Platform Updates and Modifications

We may update, modify, enhance, or discontinue features of the platform at any time, with or without notice. This includes:

• Adding or removing features

• Changing the platform's appearance or functionality

• Performing maintenance or upgrades

• Implementing security patches

We will make reasonable efforts to notify you of material changes that significantly affect your use of the platform. Continued use after updates constitutes acceptance of the changes. We are not liable for any modifications or discontinuation of platform features.

1.12 International Use and Export Compliance

The platform is controlled and operated from the United States. If you access the platform from outside the United States, you are responsible for compliance with local laws.

You may not use the platform if:

• You are located in a country subject to a U.S. Government embargo

• You are designated on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's Specially Designated Nationals List or the Commerce Department's Denied Persons List

• You are subject to economic sanctions or trade restrictions

You agree to comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations and sanctions administered by the Office of Foreign Assets Control (OFAC).

1.13 Suspension and Service Interruptions

We reserve the right to suspend or restrict access to the platform:

• For scheduled or emergency maintenance

• To address security threats or vulnerabilities

• If we suspect fraudulent or illegal activity

• For non-payment of fees

• For violation of these Terms

• To comply with legal requirements

We will make reasonable efforts to provide advance notice of scheduled maintenance, but we are not liable for any damages resulting from service interruptions.

1.14 Beta Features

We may offer certain features on a beta, pilot, or trial basis ("Beta Features"). Beta Features are provided "as is" and may contain bugs or errors. We may discontinue Beta Features at any time without notice. You acknowledge that Beta Features may not be as reliable as generally available features.

2. PROHIBITED USES

You may not use the platform to:

• Engage in any illegal activities or violate any applicable laws or regulations

• Harm, threaten, harass, abuse, or exploit others, including minors

• Send spam, unsolicited marketing messages, or bulk communications without proper consent

• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity

• Interfere with, disrupt, or attempt to gain unauthorized access to the platform, servers, or networks

• Reverse engineer, decompile, or disassemble the platform or attempt to derive source code

• Use automated tools (bots, scrapers, crawlers) to access the platform without permission

• Upload or transmit viruses, malware, or other malicious code

• Violate intellectual property rights of others

• Engage in fraudulent or deceptive practices

• Collect or harvest personal information of other users without consent

• Use the platform to compete with us or develop competing products

• Violate the privacy rights of others or misuse patient/customer data

• Engage in any activity that could damage, disable, or impair the platform

• Attempt to circumvent usage limits, security measures, or access controls

• Use the platform for high-risk activities where failure could lead to death, personal injury, or environmental damage (e.g., operation of nuclear facilities, life support systems, or air traffic control)

We reserve the right to investigate violations, cooperate with law enforcement, and immediately suspend or terminate accounts engaging in prohibited activities. We may also pursue legal action and seek damages for violations.

3. PAYMENT TERMS

3.1 Fees and Billing

Your use of the platform requires timely payment of all applicable fees as specified in your selected pricing plan. Fees may include:

• Subscription fees

• Usage-based fees

• Setup or onboarding fees

• Overage charges

• Third-party service fees

All fees are stated in U.S. Dollars unless otherwise specified. You authorize us to charge your designated payment method for all fees incurred.

3.2 Payment Method

You must provide a valid payment method (credit card, debit card, or other approved method) and keep your payment information current. If your payment method fails or is declined, we may:

• Retry the charge

• Suspend your access to the platform

• Terminate your account if payment is not received

3.3 Billing Cycle

Fees are billed in advance on a recurring basis (monthly, quarterly, or annually) according to your selected plan. Your billing cycle begins on the date you subscribe and renews automatically unless canceled.

3.4 Non-Refundable Fees

All fees are non-refundable except as required by law or as expressly stated in these Terms. We do not provide refunds or credits for:

• Partial months or years of service

• Unused features or services

• Account suspensions or terminations due to violations

• Service interruptions or outages

3.5 Fee Changes

We reserve the right to change our fees at any time. We will provide you with at least 30 days' notice before any fee increase takes effect. If you do not agree to the fee change, you may cancel your subscription before the new fees take effect.

3.6 Minimum Commitments and Non-Cancellable Terms

Certain subscription plans may require minimum commitment periods (e.g., annual contracts). If you subscribe to such a plan, you agree to pay all fees for the entire commitment period, even if you cancel before the period ends. Early termination fees may apply as specified in your plan.

3.7 Taxes

You are responsible for all applicable taxes related to your use of the platform, including sales tax, use tax, value-added tax (VAT), goods and services tax (GST), and other similar taxes or duties. If we are required to collect taxes, they will be added to your invoice. You agree to provide any tax identification information we reasonably request.

3.8 Overdue Payments and Late Fees

Payment is due on the date specified in your invoice. Overdue payments may incur:

• Late fees of 1.5% per month (or the maximum rate permitted by law, whichever is lower)

• Interest on unpaid balances

• Collection costs and attorneys' fees

Failure to pay outstanding fees may result in:

• Account suspension or termination

• Referral to a collection agency

• Legal action to recover amounts owed

• Reporting to credit bureaus

3.9 Disputed Charges

If you believe a charge is incorrect, you must notify us in writing within 30 days of the charge. We will investigate and respond within a reasonable timeframe. You remain obligated to pay undisputed amounts.

3.10 Free Trials and Promotional Offers

We may offer free trials or promotional pricing from time to time. These offers:

• Are subject to additional terms and conditions

• May require a valid payment method

• Automatically convert to paid subscriptions unless canceled

• Are limited to one per customer unless otherwise stated

• Cannot be combined with other offers

4. INTELLECTUAL PROPERTY

4.1 Platform Ownership

All content, features, functionality, and intellectual property of the platform (including but not limited to software, text, graphics, logos, images, audio, video, data compilations, and the overall "look and feel") are the exclusive property of HPG Brokerage, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the platform for your internal business purposes. This license does not include the right to:

• Reproduce, distribute, or publicly display platform content

• Modify, create derivative works, or reverse engineer the platform

• Remove or alter any proprietary notices or labels

• Use the platform for commercial purposes beyond your own business operations

4.3 User-Generated Content and Data

By posting, uploading, or submitting content to the platform (including text, images, documents, customer data, and other materials) ("User Content"), you:

• Retain ownership of your User Content

• Grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely to provide and improve the platform

• Represent and warrant that you have all necessary rights to grant this license

• Represent and warrant that your User Content does not violate any third-party rights or applicable laws

We do not claim ownership of your User Content. Our license terminates when you delete your User Content from the platform, except for copies retained in backups or as required by law.

4.4 Feedback and Suggestions

If you provide feedback, suggestions, ideas, or other input regarding the platform ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize your Feedback without compensation or attribution to you. You waive any moral rights in your Feedback.

4.5 Trademark Rights

"TeamDoctor," "HPG Brokerage," our logos, and other trademarks, service marks, and trade names used on the platform are our property or the property of our licensors. You may not use these marks without our prior written consent.

4.6 Copyright Infringement and DMCA Compliance

We respect intellectual property rights and expect our users to do the same. If you believe that content on the platform infringes your copyright, please provide written notice to our designated agent at:

Copyright Agent

Email: [email protected]

Your notice must include:

• Identification of the copyrighted work claimed to be infringed

• Identification of the infringing material and its location on the platform

• Your contact information (name, address, phone number, email)

• A statement that you have a good faith belief that the use is not authorized

• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

• Your physical or electronic signature

We will investigate and respond to valid notices in accordance with the Digital Millennium Copyright Act (DMCA). Repeat infringers may have their accounts terminated.

4.7 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by HPG Brokerage, LLC and its licensors.

5. DISCLAIMERS AND LIMITATION OF LIABILITY

5.1 No Warranties - "AS IS" Provision

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HPG BROKERAGE, LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

• WARRANTIES REGARDING ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT

• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE

• WARRANTIES THAT DEFECTS WILL BE CORRECTED

• WARRANTIES REGARDING THE RESULTS OR OUTCOMES OF PLATFORM USE

We do not warrant that the platform will meet your specific requirements or that it is suitable for your particular business needs. You assume all risk associated with platform use.

5.2 Medical and Professional Advice Disclaimer

THE PLATFORM IS A BUSINESS MANAGEMENT TOOL AND DOES NOT PROVIDE MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. Any information provided through the platform is for general informational purposes only and should not be relied upon as professional advice. You should consult with qualified professionals for advice specific to your circumstances.

We are not responsible for any decisions you make based on information obtained through the platform.

5.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HPG BROKERAGE, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES

• SERVICE INTERRUPTIONS OR DATA LOSS

• COST OF SUBSTITUTE SERVICES

• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE PLATFORM

• DAMAGES ARISING FROM THIRD-PARTY SERVICES OR CONTENT

• DAMAGES CAUSED BY ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

5.4 Indemnification

You agree to defend, indemnify, and hold harmless HPG Brokerage, LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms

• Your violation of any law or regulation

• Your violation of any third-party rights, including intellectual property rights or privacy rights

• Your use or misuse of the platform

• Your User Content

• Your communications sent through the platform

• Any claim that your User Content caused damage to a third party

• Negligence or misconduct by you or anyone using your account

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

5.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, internet outages, or failures of third-party services.

6. TERM AND TERMINATION

6.1 Term

These Terms commence when you accept them and continue until terminated by either party as described below.

6.2 Termination by You

You may terminate your account and these Terms at any time by:

• Providing written notice to [email protected] at least thirty (30) days in advance of the desired termination date

• Following the account cancellation process in your account settings

Termination does not relieve you of your obligation to pay any outstanding fees, including fees for the remainder of any minimum commitment period.

6.3 Termination by Us

We may suspend or terminate your access to the platform immediately, with or without notice, for any reason, including but not limited to:

• Violation of these Terms

• Non-payment of fees

• Fraudulent or illegal activity

• Misuse of the platform or communication services

• Security threats or vulnerabilities

• Excessive use that impacts other users

• Prolonged inactivity

• Business reasons, including discontinuation of the platform

6.4 Effect of Termination

Upon termination:

• Your right to access and use the platform immediately ceases

• You remain responsible for all fees incurred through the termination date

• We may delete your User Content and account data after a reasonable retention period

• Provisions of these Terms that by their nature should survive termination will remain in effect, including intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution

6.5 Data Retrieval

After termination, you will have thirty (30) days to retrieve your User Content from the platform. After this period, we may permanently delete your data. We are not obligated to maintain or return your data after termination. You are responsible for maintaining your own backups.

6.6 No Refunds Upon Termination

Termination does not entitle you to any refund of fees already paid, except as required by law.

7. DISPUTE RESOLUTION AND ARBITRATION

7.1 Informal Dispute Resolution

Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for at least thirty (30) days.

7.2 Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration shall be conducted:

• In Dallas County, Texas, unless both parties agree otherwise

• Before a single arbitrator selected in accordance with AAA rules

• In English

• With each party bearing its own costs and fees, unless the arbitrator awards fees to the prevailing party

The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

7.3 Class Action Waiver

YOU AGREE THAT ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY REPRESENTATIVE ACTION. You may not consolidate or join claims with those of other users or parties.

7.4 Exceptions to Arbitration

Notwithstanding the above, either party may:

• Seek injunctive or equitable relief in court to protect intellectual property rights

• Pursue claims in small claims court if the claim qualifies

• Report violations to law enforcement or regulatory authorities

7.5 Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of such courts.

7.6 Limitation on Time to File Claims

You must file any claim or cause of action arising from these Terms or your use of the platform within one (1) year after the claim or cause of action arises. After this period, such claim or cause of action is permanently barred.

7.7 Opt-Out of Arbitration

You have the right to opt out of the arbitration provision by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in court as described in Section 7.5.

8. GENERAL PROVISIONS

8.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and HPG Brokerage, LLC regarding your use of the platform and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

8.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated through a notice on the platform or via email. Your continued use of the platform after such notice constitutes acceptance of the modified Terms. If you do not agree to the modifications, you must stop using the platform and terminate your account.

8.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

8.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. No waiver shall be effective unless made in writing and signed by an authorized representative of HPG Brokerage, LLC.

8.5 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Any attempted assignment in violation of this section is void.

8.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein. Only you and HPG Brokerage, LLC may enforce these Terms.

8.7 Notice Requirements

All notices be sent in writing to [email protected]

We may provide notices to you via email to the address associated with your account or through the platform. It is your responsibility to keep your contact information current.

8.8 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict, the English version shall control.

8.9 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and HPG Brokerage, LLC. You have no authority to bind us or make commitments on our behalf.

8.10 Equitable Remedies

You acknowledge that any breach of the intellectual property or confidentiality provisions of these Terms may cause irreparable harm for which monetary damages are insufficient. In such cases, we are entitled to seek injunctive or equitable relief without posting a bond.

8.11 Government Rights

If you are a U.S. government entity or accessing the platform on behalf of a government entity, the platform is "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS). Use, reproduction, and disclosure are subject to the restrictions set forth in these Terms.

8.12 Interpretation

The section headings in these Terms are for convenience only and have no legal or contractual effect. The words "including," "includes," and "such as" are not limiting. The term "or" is not exclusive.

9. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact us at:

Email: [email protected]

Website: https://www.teamdoctor.com

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BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MUST NOT USE THE PLATFORM.

Your continued use of the platform constitutes acceptance of these Terms and any future modifications.