Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you ("you" or "Customer") and Timber Health, Inc., a Delaware C corporation and developer of the Captrix platform ("Captrix," "we," "our," or "us"). By accessing or using the Captrix service at https://captrix.ai (the "Service"), you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Captrix is a provider-facing practice management and patient-engagement platform designed for healthcare practices. The Service includes scheduling, intake forms, patient communication (SMS, email, voice), workflow automation, AI-assisted patient interactions, analytics dashboards, EHR integrations (including SMART on FHIR), and related features as described on our website.

The Service is intended for use by authenticated practice staff and clinicians. Patient-facing surfaces (booking pages, intake forms, chatbots) are operated by Captrix on behalf of the contracting practice and are governed by that practice's notice of privacy practices.

3. Account Registration

To use the Service, you must:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Promptly update your account information as needed
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Billing

4.1 Subscription Plans

The Service is offered on a subscription basis. Details of available plans, features, and pricing are available on our website or through our sales team.

4.2 Payment

You agree to pay all fees associated with your subscription plan. Fees are billed in advance on a monthly or annual basis depending on your plan. All payments are non-refundable except as expressly stated in these Terms.

4.3 Price Changes

We may change subscription fees upon 30 days' notice. Continued use after price changes take effect constitutes acceptance of the new pricing.

5. Acceptable Use

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any unlawful or fraudulent purpose
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to send spam or unsolicited communications
• Collect user information without consent
• Impersonate any person or entity
• Use the Service in violation of HIPAA or other healthcare regulations
• Request EHR scopes beyond what is necessary for the features you have enabled
• Share OAuth credentials, refresh tokens, or other authentication artifacts

6. Healthcare Compliance

6.1 HIPAA

If you are a covered entity or business associate under HIPAA, you must enter into a Business Associate Agreement (BAA) with Timber Health, Inc. before transmitting any protected health information (PHI) through the Service.

6.2 Your Responsibilities

You are responsible for:

• Obtaining necessary patient consents for marketing communications and EHR data access
• Ensuring your use of the Service complies with applicable healthcare laws
• Properly configuring the Service to meet your compliance requirements
• Training your staff on proper use of the Service
• Approving the scope of any EHR integration before authorizing it

7. EHR Integrations & SMART on FHIR

7.1 Application Type

Captrix is registered with EHR vendors as a provider-facing, server-side web application using the SMART on FHIR authorization framework.

7.2 Confidential Client Attestation

Timber Health, Inc. attests that Captrix is registered with EHR vendors as a confidential client and is technically and operationally capable of, and does, securely store client secrets. Client secrets are kept encrypted at rest in AWS Secrets Manager, are never delivered to browsers or mobile binaries, and are never logged in plaintext.

7.3 OAuth Redirect & Launch URLs

Captrix uses the following canonical endpoints for SMART on FHIR app registration:

• Application homepage: https://captrix.ai
• Web app launch URL: https://app.captrix.ai/integrations/smart/launch
• OAuth redirect URL: https://app.captrix.ai/integrations/smart/callback

7.4 Scope Minimization

Captrix requests only the SMART/FHIR scopes necessary for the features the contracting practice has enabled. The current list of scopes Captrix may request is documented in our Privacy Policy, Section 6.1. Providers may review and revoke EHR integrations at any time from their Captrix Settings page.

8. Data and Privacy

8.1 Your Data

You retain all rights to data you upload to the Service ("Your Data"). You grant us a limited license to use Your Data solely to provide and improve the Service. PHI obtained via EHR integrations is never used to train machine-learning models, sold, or shared with advertising or analytics partners.

8.2 Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.3 Data Security

We implement reasonable security measures to protect Your Data, including TLS 1.2+ in transit and AES-256 at rest. No system is completely secure, and we cannot guarantee absolute security.

9. Intellectual Property

9.1 Our Property

The Service, including all software, designs, text, graphics, and other content, is owned by Timber Health, Inc. and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

9.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, worldwide, royalty-free license to use such feedback without obligation to you.

10. Third-Party Services

The Service may integrate with third-party services (EHR systems, marketing platforms, payment processors, telecommunications carriers, etc.). Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services and do not endorse or guarantee their performance.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. CAPTRIX IS NOT A CLINICAL DECISION-SUPPORT TOOL AND DOES NOT PROVIDE MEDICAL ADVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIMBER HEALTH, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Timber Health, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your violation of any applicable laws.

14. Term and Termination

14.1 Term

These Terms remain in effect while you use the Service.

14.2 Termination by You

You may terminate your account at any time by contacting us. Termination does not entitle you to a refund of any prepaid fees.

14.3 Termination by Us

We may suspend or terminate your access immediately if you violate these Terms or for any other reason with 30 days' notice.

14.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Captrix will delete Your Data, including any PHI cached from EHR integrations, within 30 days following termination, except where retention is required by law. Sections that by their nature should survive will survive termination.

15. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

You agree to waive any right to participate in class action lawsuits or class-wide arbitration against Timber Health, Inc.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

16.2 Entire Agreement

These Terms, together with the Privacy Policy and any applicable BAA, constitute the entire agreement between you and Timber Health, Inc. regarding the Service.

16.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

16.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

17. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated with at least 30 days' notice. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

18. Contact Us

For questions about these Terms, please contact us: