These Terms of Use are a legally binding contract between you and the PM Now (“PM Now,” “we,” or “us”) regarding your use of PM Now’s suite of online Platforms and software applications provided through PM Now telehealth platform (the “Platform”).

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PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PM Now PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Platform.

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These terms of use are incorporated by reference into the APPLICABLE AGREEMENT (“AGREEMENT”) BETWEEN PM Now AND you or YOUR ORGANIZATION (”PROVIDER” OR “YOU”), IF ANY. In the event of a conflict, the terms and conditions of THE agreement shall take precedence over tHESE Terms of Use with respect to such conflict.

 

1. The Platform Overview. PM Now owns and operates an online platform through which you may provide counseling, consulting, professional advice, and any other information or services (collectively, the “Provider Services”). Provider Services are administered and accessible to any persons who access the Provider Services (the "User" or "Users") via the Platform.

   1. The Platform is intended only for your internal business use in connection with the Provider Services. You may not access or use the Platform for any other purpose. You are solely responsible for any information, images, videos, or other content or materials you upload to or transmit through the Platform (“Communications Data”), including but not limited to any email communications.

   2. The parties acknowledge and agree that PM Now has no obligation to make any minimum commitment of work, time, or compensation to the Provider. The Provider will provide services when requested by a User.

   3. Nothing herein shall render the Provider an employee or agent of PM Now.

2. Eligibility. You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are an individual who is at least 18 years old; (b) you have not previously been suspended or removed from the Platform; (c) your registration and your use of the Platform is in compliance with all applicable laws and regulations; and (d) you have read and agree to our Privacy Policy https://www.pmnowapp.com/provider-privacy-policy, as further described in Section 16 below. If you use or open an account on the Platform on behalf of a company, entity, or organization (each an “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to bind the Organization to these Terms of Use, (ii) are bound by these Terms of Use on behalf of the Organization, and (iii) are binding the Organization to these Terms of Use.  In these Terms of Use, “you” shall mean the person using the Platform and the Organization on whose behalf the person is using the Platform.

3. Licensure. By using the Platform, you represent and warrant that you are duly licensed and have completed all necessary legal, regulatory, and professional requirements (e.g. licenses) to provide the applicable virtual counseling support. You also agree not to use the Platform to provide Provider Services if, for any reason, you are prohibited from providing such services, advice, or opinions by law, regulation, or professional rule or standard. Provider agrees to undergo any licensure or credential verification procedures requested by PM Now.

4. Accounts and Registration. To access most features of the Platform, you may have the option to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your practice name, practice email, practice address, and user information. You agree that the profile information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You understand and agree that as part of the registration process we may use this information to verify your eligibility to use the Platform. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at Support@PMNOWApp.com.

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5. Licenses

1. Limited License. Subject to your ongoing compliance with these Terms, PM Now grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your internal business operations in compliance with the law.

2. License Restrictions. Notwithstanding the license to the Platform granted in these Terms, you may not at any time, directly or indirectly, and may not permit any other person to: (i) reproduce, distribute, publicly display, or publicly perform the Platform or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Platform or any part thereof; or (iii) interfere with or circumvent any feature of the Platform or any part thereof, including any security or access control mechanism. If you are prohibited under applicable law from using the Platform, you may not use it.

3. Reservation of Rights. PM Now reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to PM Now intellectual property.

4. Open Source Software. The Platform may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Platform is provided to you subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.

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6. Consent to Communications and Monitoring/Recording of Voice Calls and Text Messages Made Through the Platform. By providing us with your contact information and using the Platform, you agree to receive communications, including via e-mail and phone calls from or on behalf of PM Now, at the email address or telephone number you provided. These calls and messages may be for informational purposes, such as to provide you with the information or consultation you requested, and they may include marketing material from PM Now and its partners.

We and our service providers on our behalf may, without further notice or warning and in our discretion, monitor and/or record video and voice calls for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others, and you hereby consent to such monitoring and recording. [RS3] [HNB4] 

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7. Provider Content

1. Provider Content Generally. Certain features of the Platform may permit you or other users to upload content to the Platform, including Communications Data and other messages, reviews, images, data, text, and other types of information (“Provider Content”) and to publish Provider Content on the Platform. You retain any copyrights, moral rights, and any other proprietary rights that you may hold in the Provider Content that you post to the Platform.

2. Limited License Grant to PM Now. By posting or publishing Provider Content, you grant PM Now a worldwide, non-exclusive, royalty-free, fully paid, unrestricted right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, and distribute your Provider Content, in whole or in part, in accordance with our Privacy Policy https://www.pmnowapp.com/provider-privacy-policy, in any media formats and through any media channels now known or hereafter developed.

3. Limited License Grant to Other Users. By posting or sharing Provider Content with other users of the Platform, you grant those users a non-exclusive license to view that Provider Content when they use the Platform as permitted by these Terms and the functionality of the Platform.

4. Provider Content Representations and Warranties. You are solely responsible for your Provider Content, including any violations of copyright protections for Provider Content submitted to the Platform, and the consequences of posting or publishing Provider Content. By posting or publishing Provider Content, you affirm, represent, and warrant that:

   1. you are the creator and owner of the Provider Content, or have the necessary licenses, rights, consents, and permissions to authorize PM Now and users of the Platform to use and distribute your Provider Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by the Platform, PM Now, and these Terms; and

   2. your Provider Content, and the use of the Platform as contemplated by these Terms, does not and will not: (x) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (y) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (z) cause PM Now to violate any law or regulation, including laws related to the privacy of personal or health information.

5. Provider Content Disclaimer. We are under no obligation to monitor, edit, or control Provider Content that you or other users post or publish, and will not be in any way responsible or liable for Provider Content or any failure to review or act upon Provider Content. PM Now may, however, at any time and without prior notice, screen, remove, edit, or block any Provider Content that in our sole judgment violates these Terms or is otherwise objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PM Now with respect to Provider Content. We expressly disclaim any and all liability in connection with Provider Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that Provider Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Provider Content, which we reserve the right to do at any time and without notice.

8. Procedure for Unlawful Provider Content

1. General. If you believe that any Provider Content does not conform to these Terms, please notify us at Support@PMNowApp.com.

2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our designated agent at the following address:

PM Now
1808 Over Lake Dr., SE

Suite B

Conyers, GA 30013
Email: Support@PMNowApp.com

Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that Provider Content is infringing, you may be subject to civil or criminal penalty. Any notice under the DMCA alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include all of the information required by the DMCA for such notices.

1. Repeat Infringers. PM Now reserves the right to take steps to promptly terminate without notice the accounts of users that are determined by PM Now to be “Repeat Infringers.”

 

9. Prohibited Conduct. BY USING THE PLATFORM, YOU AGREE NOT TO, directly or indirectly, and WILL not permit any other person to:

1. use or access the Platform (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;

2. use the Platform to communicate or transmit individually identifiable information in violation of applicable federal or state privacy laws;

3. conduct activities that may be harmful to others or that could damage PM Now’s reputation;

4. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or violating any third party privacy right;

5. post, upload, or distribute marketing or advertising links or content, or any Provider Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

6. use scrapers, robots, or other data gathering devices not provided by PM Now on or through the Platform;

7. interfere with security-related features of the Platform, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Platform, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;

8. interfere with the operation of the Platform or any user’s enjoyment of the Platform, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Platform; (iii) attempting to collect personal information, Communications Data, or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform, or violating any regulation, policy, or procedure of any such network, equipment, or server;

9. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, accessing any other Platform account without permission, or falsifying your account registration information;

10. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Platform or part thereof, or use, copy or reproduce the Platform or any part thereof other than as expressly permitted in these Terms;

11. assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 13) or any right or ability to view, access, or use any Material;

12. attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6;

13. discuss the specifics and logistics of your interactions within the Platform without express written approval from PM Now.

14. use the Platform to diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a User or examination of a User.

15. use the Platform for any Users presenting with an emergency. For emergency matters and issues, the Provider agrees to instruct the User to immediately call 911.

16. not request Users’ payment information in connection with collecting a payment for any reason, including a no-show fee, for any services rendering through or associated with the Platform.

10. Indemnification. The Provider agrees to indemnify, defend and hold PM Now harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against PM Now, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Provider according to this Provider Agreement; (b) the Provider’s provision of the Provider Services to any third party, regardless of whether or not they are Users of the Platform service; or (c) any materials that the Provider has posted to or through the Platform and/or any content exchanged between the Provider and Users.

1. Third-Party Services and Linked Websites. Websites and services provided by third parties are not under our control, and we are not responsible for any third party services. The Platform may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for them or their content.

2. Termination of Use; Discontinuation and Modification of the Platform. If you violate any provision of these Terms, your permission from us to use the Platform will terminate automatically. In addition, PM Now may in accordance with the Agreement with you or your Organization terminate your user account on the Platform or suspend or terminate your access to the Platform at any time in our sole discretion if you violate or we suspect that you have violated any provision of these Terms.

3. Privacy Policy[RS7] . Please read the PM Now Privacy Policy [link] carefully for information relating to our collection, use, storage and disclosure of your personal information. The PM Now Privacy Policy is incorporated by this reference into, and made a part of, these Terms. You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of your personal information (including sharing data with third party providers) as described in the PM Now Privacy Policy [link].

4. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the Platform or on our website. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the Platform after we send or post our notification of the changes, whichever is earlier. Other modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

5. Ownership; Proprietary Rights. The Platform is owned and operated by PM Now. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform (“Materials”) provided by PM Now are protected by intellectual property and other laws. All Materials included in the Platform are the property of PM Now or our third-party licensors. Except as expressly authorized by PM Now, you may not make use of the Materials. PM Now reserves all rights to the Materials not granted expressly in these Terms.

6. Feedback. If you choose to provide input or suggestions regarding your experience with the Platforms (“Feedback”), then you hereby grant PM Now an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.

7. General. These Terms, together with the Agreement between you or your Organization and PM Now, PM Now Privacy Policy, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and PM Now regarding your use of the Platform. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

8. Consent to Electronic Communications. By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

9. Export.  You may not use the Platform if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Platforms. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

10. Notice Regarding Apple. This sub-section only applies to the extent you are using our mobile application(s) on an iOS device in connection with the Platform. You acknowledge that these Terms are between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Platform or the content thereon. Your right to use the Platform in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Platform Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between PM Now and you under these Terms.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Platform and/or your possession and use of the Platform infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Platform. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use. You agree that Apple is not responsible for any maintenance and support service in connection with the Platform. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

1. Notice Regarding Google. This sub-section only applies to the extent you are using our mobile application(s) on an Android device in connection with the Platform. You acknowledge that these Terms of Use are between you and PM Now only, not with Alphabet Inc. (“Google”), and Google is not responsible for the Platform or the content thereon. You agree that Google is not responsible for any maintenance or support services in connection with the Platform.

2. Contact Information. The Platform is offered by PM Now. You may contact us by emailing us at Support@PMNowApp.com, or writing to us at 1808 Over Lake Dr., SE Suite 2, Conyers, GA 33013.