Terms of Service

1. Introduction

Welcome to OR Apollo. These Terms of Service ("Terms") govern your access to and use of the OR Apollo platform, website, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Definitions

In these Terms:

• "OR Apollo," "we," "us," and "our" refer to OR Apollo, Inc. and its affiliates.
• "User," "you," and "your" refer to any individual or entity using our Services.
• "Content" refers to all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials that users submit, upload, post, or transmit through the Services.
• "Hospital" or "Healthcare Facility" refers to the healthcare organization that has entered into a service agreement with OR Apollo.

3. Account Registration and Security

To use certain features of our Services, you may need to create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Create a strong password and keep it confidential
• Restrict access to your account and not share your login credentials
• Notify us immediately of any unauthorized use of your account
• Ensure that you log out from your account at the end of each session

4. License and Restrictions

4.1 License

Subject to your compliance with these Terms, OR Apollo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your hospital's internal business purposes.

4.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Services or any content
• Reverse engineer, decompile, or disassemble the Services
• Remove any copyright, trademark, or other proprietary notices
• Sell, resell, lease, or redistribute the Services
• Use the Services to store or transmit malicious code
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or their related systems

5. Content and Data

5.1 Your Content

You retain all rights to your Content. By submitting Content to OR Apollo, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, transmit, and display such Content for the purpose of providing and improving the Services.

5.2 Protected Health Information

Our handling of protected health information ("PHI") is governed by our Business Associate Agreement with your healthcare facility and our Privacy Policy. We comply with all applicable laws, including the Health Insurance Portability and Accountability Act (HIPAA).

5.3 Data Analytics

We may use aggregated, de-identified data for research, analysis, and service improvement purposes. Such use will comply with all applicable laws and regulations regarding the de-identification of health information.

6. Service Availability and Updates

We strive to ensure that the Services are available 24/7, but we do not guarantee uninterrupted access. We may perform maintenance, updates, or improvements that may result in temporary unavailability of the Services.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you of significant changes that may affect your use of the Services.

7. Compliance with Laws and Regulations

You agree to use the Services in compliance with all applicable local, state, national, and international laws and regulations, including but not limited to healthcare laws and regulations.

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OR Apollo does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.

8.2 Medical Disclaimer

The Services are not intended to replace professional medical judgment. Healthcare providers should exercise their own independent clinical judgment when using the information and data provided through the Services.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OR APOLLO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OR APOLLO'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU OR YOUR HEALTHCARE FACILITY TO OR APOLLO FOR THE SERVICES IN THE LAST 12 MONTHS.

9. Indemnification

You agree to indemnify, defend, and hold harmless OR Apollo and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

10. Term and Termination

These Terms will remain in effect until terminated by you or OR Apollo. You may terminate these Terms by discontinuing use of the Services. OR Apollo may terminate or suspend your access to the Services at any time for any reason without notice or liability.

Upon termination:

• Your license to use the Services will immediately terminate
• You will lose access to your account and all related data
• Certain provisions of these Terms will survive termination

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website or through other reasonable means. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida.

13. Miscellaneous

These Terms constitute the entire agreement between you and OR Apollo regarding the Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be invalid, the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of OR Apollo.

14. Contact Information

If you have any questions about these Terms, please contact us at: