Appointment Manager, Digital Forms & Other Tools Terms

1.1. Description

The MVH Appointment Manager (“Appointment Manager”) is a scheduling and booking tool that enables Subscribers to manage appointment availability, accept bookings from customers and send automated reminders and confirmations. The Appointment Manager may integrate with third-party calendar systems and communication platforms as enabled by the Subscriber.

1.2. Subscriber Obligations

You are solely responsible for:

• maintaining accurate and up-to-date availability, scheduling information and appointment details within the Appointment Manager;
• communicating your cancellation, rescheduling and no-show policies to your customers, and ensuring those policies comply with all Applicable Laws;
• any communications sent to customers through or in connection with the Appointment Manager, including appointment confirmations, reminders and follow-ups;
• obtaining all necessary consents from customers to receive automated communications in connection with the Appointment Manager, as required by Applicable Laws (including the Telephone Consumer Protection Act and Canada’s anti-spam legislation); and
• ensuring that any data entered into or collected through the Appointment Manager, including customer contact information and appointment details, is accurate and collected lawfully.

1.3. Third-Party Calendar Integrations

If you choose to integrate the Appointment Manager with a third-party calendar service (such as Google Calendar or Microsoft Outlook), you do so at your own risk and subject to the terms and conditions of the applicable third-party provider. MVH makes no representations or warranties regarding the compatibility, availability or accuracy of any third-party calendar integration and is not responsible for any errors, data loss or scheduling conflicts arising from such integrations.

1.4. No-Shows and Cancellations

MVH has no control over whether your customers attend, cancel or reschedule appointments. MVH is not responsible or liable for any loss of revenue, business disruption or other damages arising from customer no-shows, cancellations or rescheduling, regardless of whether automated reminders were sent through the Appointment Manager. You are solely responsible for enforcing your cancellation and no-show policies with your customers.

1.5. MVH’s Limited Role

The Appointment Manager is intended only as a scheduling tool. MVH does not participate in, oversee or assume any responsibility for the appointments, services or transactions arranged through the Appointment Manager. All services provided to customers in connection with appointments booked through the Appointment Manager are provided by you, not MVH.

2.1. Description

The MVH Digital Forms service (“Forms Service” or “MVH Forms”) is a customizable digital forms solution to simplify the creation of online forms and the collection of customer data.

2.2. Subscriber Obligations

2.2.1. Form Content and Compliance

You have exclusive control over and responsibility for the content, quality and format of any form created or processed through the Forms Service (“Form”). You are solely responsible for thoroughly reviewing and editing Forms as needed prior to use and for determining whether such Forms meet your requirements and needs. It is also your responsibility to ensure that all Forms meet applicable legal requirements.

The Forms Service is intended only as a tool. MVH may provide services to build Forms at your direction and/or on your behalf, or provide access to pre-built Form templates for your use. MVH makes no representations that custom-built or templated Forms meet requirements set forth in any Applicable Laws. Applicable Laws will depend on your particular use case and context. MVH does not provide any kind of legal advice and any Forms built by MVH, whether custom-built or templated, should not be relied upon as legal advice. By using MVH Forms, you are not accessing attorney services or legal advice from MVH and MVH Forms, including any samples, templates or information or resources provided in connection with MVH Forms, is not a substitute for the advice of an attorney. Always seek the advice of your own legal counsel with questions regarding compliance with Applicable Laws when using MVH Forms.

2.2.2. Privacy and Consent

You are responsible for compliance with all Applicable Laws governing the security, privacy, collection, retention and use of any personal information collected via MVH Forms. You agree to provide notice to any existing or potential customer, client, patient or other end user who uses the Forms Service to submit personal, health, contact or other information to you (collectively, a “Non-Subscriber End User”), disclosing how and why personal information is collected and used, including uses governed by the Terms. You also agree to obtain all necessary consents for collecting such data as required by Applicable Laws.

2.2.3. Data Accuracy

You are responsible for confirming the accuracy of information collected via MVH Forms, including validity of signatures, consents, acknowledgments and agreements. You and any Non-Subscriber End User, not MVH, are entirely responsible for all content uploaded, submitted or otherwise transmitted via the Forms Service. MVH does not control or verify data submitted through the Forms Service and does not guarantee the accuracy, integrity or quality of such data.

2.2.4. Healthcare Services Disclaimer

MVH does not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation any counseling, testing, medication, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (collectively, “Healthcare Services”). The Forms Service is intended only as a tool to assist Subscribers and Non-Subscriber End Users in communicating and transmitting information about Healthcare Services. MVH has no control over the appropriateness, accuracy, quality, timeliness, scope, price or risks of or associated with any Healthcare Service. To the extent any Healthcare Services are offered to any Non-Subscriber End User, they are provided by the applicable Subscriber, not MVH. You agree to release MVH from any and all claims, demands, damages and liabilities of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with MVH Forms (including any injuries or disability arising therefrom).

2.3. Intellectual Property Rights

The Forms Service and its entire contents, features and functionality (including all information, templated Forms, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Forms Content”) are owned by MVH, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Forms Service and all Forms Content may not be used except as permitted herein and in the MVH Terms of Use. No right, title or interest in or to the Forms Service or any Forms Content is transferred to you and all rights not expressly granted are reserved by MVH. Any use of the Forms Service or Forms Content not expressly permitted herein or by the Terms of Use constitutes a breach of your obligations and may violate copyright, trademark and other laws.

You agree not to sell, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Forms Service, except as set forth herein. You may access and use any Forms solely for their intended purpose and solely in connection with your own use with your customers, and not for any further reproduction or distribution. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Forms Service or Forms Content in breach of these obligations or the Terms of Use, your right to use the Forms Service will cease immediately.

2.4. Use of MVH Forms to Execute Contracts and Documents

MVH Forms may be used to facilitate the execution of consents, acknowledgments, contracts, agreements or documents (“Document”) between a Subscriber and a Non-Subscriber End User. Nothing in these Terms may be construed to make MVH a party to any Document processed through the Forms Service and MVH makes no representation or warranty regarding the transactions sought to be effected by any Document or the legal enforceability of any Document.

Electronic signature laws or regulations may impose specific requirements for electronic Documents. You are solely responsible for ensuring your use of MVH Forms complies with all such laws and regulations and MVH has no obligation to make such determination or assist with fulfilling any requirements therein. You are solely responsible and liable for performing any authentication or verification of Non-Subscriber End Users and for ensuring that the Documents used with MVH Forms are appropriate for electronic signatures.

Certain types of Documents may be excepted from electronic signature laws (such as wills, codicils, power of attorney and other agreements pertaining to family law) or may be subject to specific regulations promulgated by government agencies regarding electronic signatures and electronic records. MVH is not responsible or liable to determine whether any particular Document is: (i) subject to an exception to applicable electronic signature laws; (ii) subject to any particular agency promulgations; or (iii) capable of being legally formed by electronic signatures.

Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as requirements that the consumer consent to the method of contracting and/or be provided with a copy of a paper or non-electronic written record of the transaction. MVH does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Forms Service; or (vi) comply with any such special requirements. Subscriber undertakes to determine whether any “consumer” is involved in any Document presented for processing and, if so, to comply with all requirements imposed by law on such Documents or their formation.

MVH is not responsible for determining how long any Documents are required to be retained or stored under any Applicable Law, nor is MVH responsible for or liable to produce any Subscriber Documents or other documents to any third parties.

2.5. Prohibited Activities

In addition to the restrictions described in Section 7.2 of the Terms of Service, when using MVH Forms you agree not to do any of the following, or permit any of your end users, employees, contractors, agents, representatives or any third party to:

• upload or transfer Cardholder Data (defined as non-public personally identifying information submitted by an individual, including but not limited to primary account number, service code and expiration date) or Sensitive Authentication Data (defined as security-related information including but not limited to card validation codes/values, full track data from the magnetic stripe or equivalent on a chip, PINs and PIN blocks) used to authenticate cardholders and/or authorize payment card transactions;
• sell or advertise commercial goods or services through the Forms Service;
• violate any applicable law or regulation, including any laws regarding export of data or software to and from the United States or other countries;
• send, knowingly receive, upload, download, use or re-use any information or data that does not comply with the Terms; or
• engage in any other activity or conduct which, as determined by MVH, may harm MVH or any of its Subscribers, expose them to liability or threaten the security of any data.

2.6. Form Sending, Storage and Deletion

MVH may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of MVH Forms. Subscribers may retrieve and store copies of completed forms for storage outside of the Service at any time during the Term of subscription when Subscriber is in good financial standing and may delete or purge forms from the Service at their own discretion.

MVH may, at its sole discretion, delete uncompleted forms from the Service immediately and without notice upon the earlier of: (a) 365 days after creation; or (b) termination of the Service. MVH assumes no liability or responsibility for a party’s failure or inability to complete any forms within such a period of time. MVH may also delete any Forms (whether complete or not) upon termination of the Service as described in Section 10 of the Terms of Service.

You are solely responsible for retaining permanent records of all Forms. Except as otherwise provided herein, MVH has no obligation to store, retain, report or otherwise provide any copies of or access to any forms collected or processed via the Forms Service.

3.1. Scope

This Section 3 applies to any MVH tool or feature made available to Subscribers that is not specifically governed by a separate Feature Terms and Conditions or by Sections 1 or 2 of these Tools Terms (collectively, “Other Tools”). Other Tools may include, without limitation, practice analytics, reporting dashboards, team communication features, marketing tools and any other features described on the MVH website from time to time. To the extent any Other Tool is subject to its own supplemental terms, those terms supplement and take precedence over this Section 3.

3.2. Subscriber Obligations

When using any Other Tool, you are solely responsible for:

• using the Other Tool solely for its intended purpose and in a manner consistent with the Terms and all Applicable Laws;
• the accuracy and lawfulness of any data, content or information you input into or process through any Other Tool;
• obtaining all necessary consents and providing all required notices to your customers in connection with your use of any Other Tool; and
• ensuring that your use of any Other Tool complies with all Applicable Laws, including laws governing privacy, data protection, telecommunications and marketing communications.

3.3. MVH’s Limited Role

All Other Tools are provided as tools only. MVH does not participate in, oversee or assume any responsibility for the business activities, communications or transactions you conduct using any Other Tool. MVH makes no representations that any Other Tool is appropriate or sufficient for any particular purpose or use case. You are solely responsible for determining whether any Other Tool meets your requirements and for seeking appropriate professional advice where needed.

3.4. No Legal or Professional Advice

Nothing provided through any Other Tool constitutes legal, medical, financial, regulatory or other professional advice. MVH does not warrant that outputs, reports, analytics or other information generated by any Other Tool are accurate, complete or compliant with any Applicable Laws. You should not rely on any Other Tool output as a substitute for professional advice and should always seek the advice of qualified professionals with respect to your specific circumstances.

THE TOOLS ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE TOOLS SHALL BE AT YOUR SOLE RISK. MVH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES AND LICENSORS (“MVH PARTIES”): (A) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (B) EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT; AND (C) DO NOT WARRANT THAT THE TOOLS ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE TOOLS.

THE MVH PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR OUTPUT GENERATED BY THE TOOLS AND ASSUME NO RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE TOOLS; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TOOLS; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE TOOLS THROUGH THE ACTIONS OF ANY THIRD PARTY; (VI) LOSS OF YOUR DATA OR CONTENT FROM THE TOOLS; OR (VII) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE TOOLS.

The MVH Parties do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Tools and will not be a party to or in any way responsible for monitoring any transaction between you and any third-party provider. You are solely responsible for all of your communications and interactions with other persons as a result of your use of the Tools. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitations may not apply to you, in which case such warranties are limited to the maximum extent permitted by and for the minimum warranty period allowed by mandatory applicable law.

Without limiting any provision of the Terms, Subscriber agrees to defend, indemnify and hold harmless the MVH Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorneys’ fees) arising from or related to:

• the reliability, accuracy or legitimacy of data submitted or processed through the Tools;
• claims by Non-Subscriber End Users, including but not limited to claims relating to the disclosure of personal information or the conduct of appointments or transactions arranged through the Tools; or
• any alleged or actual violation by Subscriber of any Applicable Laws in connection with the subject matter hereof.

Without limiting the applicable provisions of the Terms, MVH may terminate Subscriber’s access to any or all of the Tools if:

• MVH has reason to believe there is an alleged or actual violation by Subscriber of any Applicable Laws;
• Subscriber uses any Tool to perform any activity that is a prohibited activity described in Section 2.5 of these Tools Terms or in the Terms of Service; or
• MVH reasonably believes, in its sole discretion, that Subscriber’s conduct poses an imminent or actual threat to MVH’s systems, equipment, processes or MVH Materials.

The term of these Tools Terms commences upon the date you sign up for any of the Tools and shall remain in effect on a month-to-month basis, or as otherwise stated in the Order, until you cancel the relevant Tool by notifying MVH or you or MVH terminate the Terms of Service in accordance with the terms thereof, in each case subject to Section 9.6 of the Terms of Service.

By accessing or otherwise using any of the Tools, you expressly acknowledge that you have read, understood and agree to be bound by these Tools Terms in addition to the MVH Terms of Service. If you do not agree to these Tools Terms, you must not access or use the Tools.

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