SPIRALS Health solution (“SPIRALS”) is a complete Healthcare Platform developed and provided by Prudas Technologies Pvt Ltd (“Prudas”). SPIRALS is launched in USA by Medical Administration Solutions, LLC (“MAS”) by the name of SPIRALS Care. This Platform is available on https://www.spiralscare.com, and mobile applications (App) (collectively “The Services”). The platform connects patients (“Patients”) with Doctors (“User”) andFront Desk Secretaries (“Clinical Coordinators”).

Patients, User and Clinical Coordinators and other users of the Site are referred as “Users”.

1. Introduction

SPIRALS Care is Developed and customized by Prudas as per the requirements and suggestions provided by MAS and their agents / partners. MAS is owner of SPIRALS Care in United States of America. All benefits, losses, achievements, liabilities and legal implications are to be owned and addressed by MAS in United States of America.

These Terms and Conditions (Terms) form a binding legal agreement between MAS and each user using the Services. By accessing and using the Services, each user agrees to comply with and be legally bound by these Terms.

2. Introductory Service

a. The SPIRALS Care platform does not provide healthcare services itself and takes no part in your medical diagnosis and/or treatment. By accessing or using the Site, User acknowledge that he / she are not employees, contractors, partners or agents of MAS. MAS’s responsibilities are limited to facilitating the availability of the Site, the App and the Services.
b. Any arrangement between a various users of SPIRALS Care (Patients, Clinical Coordinators or Doctors) is solely between them. It is strictly and expressly not part of the User’s agreement with MAS.
c. MAS has no control over the conduct of Users of the Site, the App and the Services. MAS disclaims all liability in this regard, as set out in these Terms.
d. Patient Accounts / Dashboards: Patients, by accessing the services, will be considered registered with SPIRALS Care. They will be provided a secured (password protected) personal dashboard accessible to them after login in it either through Login ID and Password or registered mobile number and One Time Security Password (OTSP or OTP) sent on Patient’s registered mobile number.
e. Patients will be allowed to create and fill in their personal and medical profile. This profile will be accessible only after entering patient’s Login ID and Password or Registered Mobile number and OTSP / OTP.
f. Patient’s information will not be accessed by any employee of MAS except CxO of the company, Auditors or Legal Heads. This information will not be provided to anybody except Government officials or Courts. g. Some basic information of Patient will be available and visible to their Medical Practitioners and Clinical Coordinators for various purposes as mentioned but not limited to:
a. Appointment Scheduling / management
b. Call from Doctors to discuss about patient’s health
c. Call from Clinical Coordinators to get information about Insurance and other such services
d. Advice patients on new and upcoming therapies
e. Download patient shared information in electronic PDF format and upload in EHR system used by the Doctor; f. Share medical and health related articles from various Medical Practitioners
g. Share medical and health related articles from various Medical Practitioners
h. Fetching Medical information from patient’s account after digital approval from patient by sharing their OTSP / OTP with Clinical Coordinator or Medical Practitioners h.Medical consultations: Patients can enter the details of their healthcare needs on the App or Site and they will be provided with a list of Medical Practitioners and their availabilities. Patients will request a consultation with the Medical Practitionersof their choice. The Medical Practitionerscan accept or reject the consultation request. If necessary, Patients can reschedule and cancel consultations. At the time of the scheduled consultation, the Medical Practitionerswill connect with the Patient via the App or Site or Mobile and provide the virtual and/or real consultation. If appropriate, User may provide Patients referrals and Clinical Coordinator of the Medical Practitionerswill connect Patient with referred Medical Practitioners. i.Medical Practitioners should be able to meet patient in person for consultation or connect with Patient over Audio and Video call. Such calls are provided by SPIRALS Care Platform and there is no option to record any such calls. No information is captured from the calls by SPIRALS Care and SPIRALS Care do not suggest Medical Practitioners or Clinical Coordinators to do so. No third-party tool should be used by Clinical Coordinator or Medical Practitioners to record any such Medical counselling or consultation sessions. If any Medical Practitioners or Clinical coordinator use any third-party tool for unethical recording of Medical counselling / consultation session, then MAS would not be responsible for this act. If any Medical Practitioner’s act of recording such sessions is proved, MAS reserves the right to remove them from the platform. j.Clinical Coordinator’s Dashboard: Clinical Coordinator are users who are registered by a Medical Practitioner as an employee of their clinic. These users are covered under the terms and conditions agreed by their Clinic and Any Medical practitioner. k.Clinical coordinators should be able to access patient and Medical Practitioner information to perform following activities (but not limited to):
a. Access Doctor’s Calendars for any date;
b. Access information of Patients who have booked appointments or who want to book appointments;
c. Should be able tobook, Reschedule or cancel appointments on behalf of Patients or Medical Practitioners;
d. Should be able to access Medical information of patient if patient allows them by sharing One Time Security Password which patients get on their registered mobile number; e. Download patient shared information in electronic PDF format and upload in EHR system used by the Doctor; f. Access Insurance information of the patient and validate it with Patient over Audio or Video call g. Collect payment information from Patients and update it in records; h. Plan revisit appointments of patients; and i. Plan referral visits of patients with referred medical practitioners i.It is Medical Practitioner’s responsibility to ensure that their Clinical Coordinators are removed from the system or disabled in the system if they leave the Clinic. This is to ensure that they are not able to access Clinical or Patient’s information if they are not part of the Clinic. m.Other MAS Services: Patients may use MAS to ask initial, non-emergency, general health questions and to receive an answer from a User or to schedule medication reminders to be sent to them as well as any other services which may be added with further upgrades to the Site and App.

3. Online Registration

a.Each Usershall only have one (1) Account on the Site and App. User will register themselves onSPIRALS Care by providing their details and will be contacted by MAS to provide further information and paperwork before being, if approved, accepted to the platform and granted an Account.
b.Each User agrees to provide accurate, current and complete information during the registration and approval process as well as throughout the term of use of MAS by the User and to update such information to keep it accurate, current and complete. MAS reserves the right to suspend or terminate any User ’s Account and his/her access to the Site, App and Services if any information provided to MAS proves to be inaccurate, not current or incomplete.
c. c. Users authorise MAS and Prudas to display information relating to them for marketing purposes including to allow Patients to search and book them through the Site.
d. To keep information secure and confidential, SPIRALS Care uses SSL Certificates to establish an encrypted link between a server and a Medical Practitioner and a Patient. Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use.
e. It is the User’s responsibility to keep their Account details, username and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
f. The User will immediately notify MAS of any unauthorised use of its Account.

4. User’s Obligations

a. Each User should report to MAS, any activities or requests of Users which are, or which the User reasonably believes to be:
a. suspicious;
b. inconsistent;
c. illegal; or
d. likely to have a negative effect on the reputation of MAS or Prudas, the Site, the App, Services and/or a User.

b. Each User acknowledges and agrees that while the Site allows Users to communicate with each other in certain respects, Users are not permitted to share the contact information of other Users.

c. Each User represents and warrants that any content that it provides or posts:
a. will not breach any agreements it has entered into with any third parties
b. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
c. will not conflict with the rights of third parties.

d. User must maintain required licences and authorisations to practice medicine and telemedicine consultations or the speciality for which they will provide consultations.

e. User must maintain professional liability insurance that covers health, telehealth via our platform and cyber insurance to cover any loss of data or other cyber related issues, must have no criminal convictions, must be of stable mental state and must have sound technical and computer knowledge.

f. User must follow the Healthcare compliances (HIPAA and PHI etc.) and regulatory guidelines from Government or any other applicable professional body guidelines and all other laws applicable to them including ensuring the privacy of information and patient privacy during the consultation and in relation to written records as well as any guidelines on any maximum number of consultations allowed per day

g. User must understand that SPIRALS Care is only for facilitating appointment booking and Audio / Video consultation with patient. Storing Medical and personal information in SPIRALS Care is absolutely a User’s decision. Security of any such information is their own responsibility. However, SPIRALS Care would never fetch any user’s information or trade it for money.

h. For the avoidance of doubt, MAS orPrudas assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

i. Users are responsible for all advice they give during Patient consultations as well as any other communication, suggestions, treatments, diagnoses or lack thereof.

j. Users must pay all costs relating to their use of SPIRALS Care (including internet costs and computer costs).

k. MAS reserves the right, at any time and without prior notice, to remove or disable access to any Account for any reason, including Accounts that MAS, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.

l. Users must complete any training or continuing education which MAS, at its sole discretion, considers necessary and will provide evidence of completion of the training or continuing education.

m. During the term of these Terms and for one year after termination of these Terms between the User and MAS, User must not (i) contact any other user who were introduced by MAS and (ii) compete with MAS, enter into business arrangements, advise, work for, consult with, provide services to, or in any way assist a competitor of MAS (who were competitors at the date of termination of these Terms between the Users and MAS or within the 12 months prior).

n. Users acknowledge that they will not record video/audio of any Services without written consent from both MAS and the relevant User.

o. If a Medical Practitioner does not find a telemedicine or medicine consultation as beneficial to the patients’ health, they will, at their judgement, offer the Patient alternative means of obtaining the required health care. Medical Practitioner will not exploit a Patient or conduct unnecessary medicine consults through SPIRALS Care for issues, symptoms or conditions they know or think may not be able to be diagnosed or treated via SPIRALS Care from the consultation request details of the Patient. Medical Practitionersalso work in full autonomy with their information collection, symptom checking, diagnosis and possible treatments. Medical Practitionersare not obligated to provide any demand requested by the Patient, unless where the Medical Practitionersbelieves it to be within the medical guidelines and is appropriate for the Patient’s care.

5. Payments

a. User who register on the Site will be required to pay, in advance, a monthly/yearly membership fee (Membership Fee). User acknowledge and agree that:
a. to maintain a membership, payment will be made to MAS on a monthly payment date, from the debit or credit card that the User has provided; and
b. if MAS is unable to take payment from the debit or credit card, MAS will attempt to contact the User via email as soon as MAS is aware of the payment failure.

b. Until payment is confirmed, the Userwill not be able to use the Site.

c. User agrees that where a Membership Fee is payable, payment will automatically be deducted on the payment date. If a User wishes to cancel their registration or deactivate an Account, he or she must do so prior to the payment date.<

d. Medical Practitioners will receive payment for their services directly from Patients via a third-party payment processor as set out on the Site and App. MAS may make available to Patients a receipt and/or tax invoice for consultations purchased from a User via SPIRALS Care.

e. Goods and Services Taxes will be charged where applicable.

f. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.

g. In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.

h. If the User makes a payment by debit or credit card, the User warrants that the information provided to MAS is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price.

i. Nothing prevents MAS from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds MAS’s payment terms and as a result are passed on for collection and or legal action, MAS may place a default against the User with a credit reporting agency.

j. MAS’s pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each User has the choice to continue using the Site and App, or to cease to use the Site or App without penalty.

6. Offers and Promotions

a. MAS may, from time to time, make offers or promotions which may be applicable to the Services.

b. The conditions of such offers or promotions will be specified on the Site or App.

c. The User acknowledges and agrees that MAS may, at its sole discretion, remove or extend any offers or promotions, and MAS will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

7. Dispute Resolution

a. By using our Site, App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Medical Practitioner, Clinical Coordinator, Patient, or other third party, will be limited to a claim against the Medical Practitioner, Clinical Coordinator, Patient, or other third party, who caused harm to him or her. MAS encourages Users to communicate directly with the relevant Medical Practitioner, Clinical Coordinator, Patient or third party to resolve any disputes.

b. MAS provides an online dispute resolution process for Users. Relevant parties will have the opportunity to provide evidence and documentation to prove their claim and MAS may make determinations at its sole discretion. Any MAS decision will be final.

c. MAS welcomes feedback from Users. MAS seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please submit your feedback via the feedback or review pages in your Account or contact MAS at the email at the end of these Terms. MAS will have exclusive ownership of all rights to any comments, reviews, suggestions or other feedback regarding MAS transmitted through any medium, collectively, Feedback. MAS will not be required to treat any Feedback as confidential and will be entitled to use Feedback for any commercial or other purpose whatsoever without compensation.

d. If there are any complaints from a User, MAS will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with MAS’s response, the User and MAS agree to the following dispute resolution procedure:
a. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and MAS agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
b. If the dispute is not resolved by this exchange of correspondence, then representatives of each Party with full settlement authority shall meet at a mutually agreeable time and place within ten (10) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt in good faith to resolve the dispute. If the dispute is not resolved by these negotiations, the matter will be submitted to a mutually agreeable and recognized mediation service prior to initiating legal action. Any such mediation shall be conducted under jurisdiction of United States of America and the costs of the mediation service shall be shared equally by the Parties.

8. Cancellation of Registration

a. If a User wishes to cancel its registration, it will need to do so in writing by contacting MAS at the email address at the bottom of these Terms.

b. No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.

9. Intellectual Property

a. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trademarks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site or App is owned, controlled or licensed to Prudas (or its affiliates and/or third party licensors as applicable).

b. The User agrees that, as between the User, MAS and Prudas, Prudas owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Prudas or the owner of the content.

c. Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third-Party Marks).

d. Prudas’s Intellectual Property and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Prudas or the applicable trademark holder or Intellectual Property owner.

e. Users of the Site and App do not obtain any interest or licence in the Intellectual Property or Third-Party Marks without the prior written permission of Prudas or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

10. User Licence

a. Subject to these Terms, MAS grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose. All other uses are prohibited without MAS’s prior written consent.

b. The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.

c. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

11. Permitted and Prohibited Conduct

a. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.

b. The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services.

c.The User must not post, upload, publish, submit or transmit any content that:
a. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
b. is fraudulent, false, misleading or deceptive
c. denigrates MAS, the Site, the App, Services, Patients, Medical Practitioner or Clinical Coordinator;
d. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; e. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; f. is violent or threatening or promotes violence or actions that are threatening to any other person; or g. promotes illegal or harmful activities or substances

12. User Content

a. Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to MAS and Prudas a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services. If MAS or Prudas uses any User Content, it will be in strict compliance with our Privacy Policy.

b. illegal;
a. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to MAS and Prudas the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
b. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or MAS’s or Prudas’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
c. denigrates MAS, the Site, the App, Services, Patients, Medical Practitioner or Clinical Coordinator;

c. MAS or Prudas may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

13. Disclaimers

a. MAS does not guarantee that healthcare services or prescription fulfilment services will be requested by any Patients, nor does MAS guarantee that Patients will be able to find desirable Medical Practitioner.

b. MAS does not endorse any Medical Practitioner, Clinical Coordinatoror Patient. MAS requires Medical Practitioners and Clinical Coordinatorto confirm that they have provided accurate information. MAS performs some background searches on User but cannot be held responsible for any inaccurate or false information provided by a User.

c. Users acknowledge that SPIRALS Care is designed for English communicating users and MAS is not responsible for any language misunderstandings during the Services
d. MAS accepts no responsibility for and makes no representations or warranties to any User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. MAS disclaims any and all liability related to any and all Patients, Medical Practitioner, Clinical Coordinatorand any related services.
d. By using the Site, App or Services, each User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of Medical Practitioner, Patients, Clinical Coordinator or other third parties will be limited to a claim against the Medical Practitioner, Patients, Clinical Coordinatoror other third party who caused it harm.
e. To the fullest extent allowable under applicable law, MAS disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
f. For the avoidance of doubt, MAS is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. MAS advises that all User using the Site, App and Services should seek advice in relation to these matters.
g. Each Medical Practitioner, Patients, Clinical Coordinatorwho uses the Site, App and the Services does so at their own risk.

14. Limitation of Liability

a. To the extent permitted by law, MAS’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to MAS re-supplying the Services to the User, or, at MAS’s option, MAS refunding to the User the amount it paid for the Services to which its claim relates. MAS’s total liability to the User for all damages in connection with the Services will not exceed the price paid by the User under these Terms for the 12 months period prior to the act which gave rise to the liability, or one Hundred US Dollars (USD 100/-) if no such payments have been made.

b. The limitations of damages set forth above are fundamental elements of the basis of the bargain between MAS and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.

c. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of MAS.

15. Indemnity

a. Each User agrees to defend and indemnify and hold MAS (and MAS’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User ’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

b. MAS reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Users, in which event the Users will cooperate in asserting any available defences.
c. This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by MAS without restriction.

16. General

a. Accuracy: While MAS will endeavour to keep the information up to date and correct, MAS makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and MAS expressly excludes any liability for such to the fullest extent permissible by law.

b. Termination: MAS reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site or App, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If MAS decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future consultations will be immediately terminated; (c) MAS may communicate to the relevant Patient that the consultation has been cancelled; (d) MAS may advice Medical Practitioner to refund the Patient in full, regardless of the cancellation and refund policy; and (e) the User will not be entitled to any compensation for consultations that were cancelled as a result of a suspension, deactivation or termination of their Account.

c. Fraudulent Activities: MAS reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site or App, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If MAS decides to terminate a User ’s Account any of the following may occur, with or without notice to the User : (a) the User ’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future consultations will be immediately terminated; (c) MAS may communicate to the relevant Patient that the consultation has been cancelled; (d) MAS may advice Medical Practitioner to refund the Patient in full, regardless of the cancellation and refund policy; and (e) the User will not be entitled to any compensation for consultations that were cancelled as a result of a suspension, deactivation or termination of their Account.

d. Force Majeure: MAS will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

e. Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

f. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by MAS of any of the Terms shall be effective unless MAS expressly states that it is a waiver and MAS communicates it to the User in writing.

g. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without MAS’s prior written consent.

h. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

i. Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of United States of America, and subject to the exclusive jurisdiction of the Puerto Rico courts. The Site and App may be accessed throughout USA and overseas. MAS makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside USA. If a User accesses the Site or App from outside USA, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.

i. Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of United States of America, and subject to the exclusive jurisdiction of the Puerto Rico courts. The Site and App may be accessed throughout USA and overseas. MAS makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside USA. If a User accesses the Site or App from outside USA, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.

J. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between MAS and each User, and supersede any prior agreement, understanding or arrangement between MAS and each User, whether oral or in writing.

For questions and clarifications, please contact:

Medical Administration Solutions, LLC

Email: legal@spiralscare.com

Last update: May 2020