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enov8tive Legal Agreement

In this Agreement, the following terms are defined for clarity and understanding. "Agreement" refers to these combined Software License Agreement, Privacy Policy, Terms and Conditions, and HIPAA Compliance Policy. A "User" is an individual or entity that uses the enov8tiveMD app and any other products under the enov8tive platform and is bound by the terms of this Agreement. The "enov8tiveMD app" refers to the health information mobile application developed and owned by enov8tive. "Personal Data" is any information that can be used to identify a User, including but not limited to name, address, phone number, and health information. "HIPAA" refers to the Health Insurance Portability and Accountability Act. Finally, "Service" refers to the services provided by enov8tive through the enov8tiveMD app.

  1. Acceptance of Terms. By accessing or using the Platform, you agree to be bound by these Terms and all applicable laws and regulations. You are not authorized to use the Platform if you disagree with these Terms.

  2. Changes to Terms. Enov8tive reserves the right, in its sole discretion, to modify, add, or remove portions of these Terms at any time. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes.

  3. Use of the Platform. The Platform is intended for your personal use and you may use the Platform only as permitted by these Terms and all applicable laws. You may not use the Platform commercially without Enov8tive’s written consent.

  4. Privacy Policy. Enov8tive values your privacy and has established a privacy policy (the “Privacy Policy”) that describes how we collect, use, and disclose information about you through the Platform. The Privacy Policy is incorporated by reference into these Terms. By accessing and using the Platform, you agree to the terms of the Privacy Policy.

  5. Use of Personal Data for Marketing Purposes. Enov8tive may use some of your data for marketing purposes within the Platform. This may include using your information to provide you with personalized advertisements, offers, and promotions that we believe may interest you. You can opt out of using your personal data for marketing purposes by following the opt-out instructions provided within the Platform.

  6. Personal Data Use for Marketing Purposes. By using the enov8tiveMD platform, you agree that Enov8tive may use your data, including but not limited to your health information, for marketing purposes within the platform. Enov8tive may use this data to personalize your experience, provide relevant content and advertisements, and improve the platform's features and services. You may opt-out of this use of your data for marketing purposes at any time by contacting Enov8tive using the contact information provided in these terms and conditions.

  7. Disclaimer of Warranty. THE PLATFORM IS PROVIDED “AS IS'' AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE PLATFORM. SPECIFICALLY, ENOV8TIVE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

    1. ) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND;

    2. ) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  8. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ENOV8TIVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON THE PLATFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ENOV8TIVE'S RECORDS, PROGRAMS, OR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

  9. Indemnification. You agree to indemnify, defend, and hold harmless Enov8tive, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your use of the Platform, your violation of these Terms, or your violation of any rights of another.

  10. Term and Termination. These Terms are effective until terminated. Enov8tive may, in its sole discretion, at any time terminate or suspend all or a portion of the Platform, or your use of all or a portion of the Platform, with or without notice and with or without cause.

  11. Governing Law; Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of California.

  12. General Terms. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms are the complete and exclusive statement of the agreement between you and Enov8tive, and supersedes all proposals, representations, understandings, and other communications between you and Enov8tive, whether written or oral, relating to the subject matter of these Terms. The failure of Enov8tive to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  13. Contact Information. If you have any questions or comments regarding these Terms, please contact us at letstalk@enov8tive.com.

Privacy Policy

At Enov8tive, we are committed to protecting the privacy of our users and customers. This Privacy Policy outlines the information we collect, how we use that information, and the choices you have regarding our use of your information. This policy applies to information we collect through our mobile application, Enov8tiveMD, as well as through our website and any other related services. By using our services, you consent to the collection, use, and sharing of your information as described in this Privacy Policy.

Information Collection:

  1. Information You Provide. We collect information that you voluntarily provide to us, such as your name, email address, and other personal information that you provide when creating an account or using our services. This information is necessary for us to provide you with the services you request and to communicate with you.

  2. Information Collected Automatically. When you use our services, we automatically collect certain information about your device, such as your IP address, device type, and operating system. This information helps us improve our services and provide a better user experience.

  3. Information from Third-Party Sources. We may also receive information from third-party sources, such as social media platforms, to help us provide a better user experience and improve our services. This information is used to enhance our services and provide more relevant content and information to our users.

Information Use:

  1. To Provide, Maintain, and Improve Our Services. We use the information we collect to provide you with the services you requested and to continuously improve our services. This includes maintaining the security and reliability of our services, fixing technical issues, and updating our services to provide new features and improvements.

  2. To Personalize Your Experience. We may use the information we collect to personalize your experience and provide you with more relevant content and information. This includes using your information to provide customized recommendations, notifications, and advertisements.

  3. To Communicate with You. We may use your email address or other contact information to send you updates, news, and other information related to our services. This includes sending you important updates and notifications about changes to our services and security measures.

  4. For Marketing Purposes. We may use your information for marketing purposes, such as sending you promotions or advertisements. You have the right to opt out of receiving marketing communications from us at any time by following the instructions in our communications or by contacting us directly.

Information Sharing and Disclosure

We take the privacy of our users seriously and are committed to protecting the information we collect from you. We do not sell, rent, or share your personal information with third parties for their own marketing purposes. However, we may share your information with third parties for the following purposes:

  1. With your Consent: We may share your information with third parties if you have given us your express consent to do so. This could include situations where you choose to opt-in to receive marketing communications from a third-party partner, or where you have agreed to participate in a survey or research study conducted by a third-party on our behalf.

  2. For Business Purposes: We may share your information with third-party service providers or partners to assist us in providing and improving our services. This could include situations where we work with a payment processor to securely handle transactions, or where we utilize a data storage provider to securely store your information. In these situations, we take reasonable steps to ensure that our third-party partners are obligated to protect the privacy and security of your information.

  3. As Required by Law: We may be required to disclose your information in response to a subpoena, court order, or other legal process. This could include situations where we are compelled to disclose information as part of an investigation into suspected illegal activity, or to respond to a valid request from law enforcement or government agencies. In these situations, we will take reasonable steps to ensure that the request is valid and that the disclosure of your information is limited to what is strictly necessary.

  4. To Protect Our Rights and Property: We may share your information to enforce our rights, protect our property, or protect the safety of our users and customers. This could include situations where we need to protect ourselves from potential legal liability, or where we suspect that someone is using our services to engage in illegal or malicious activities. In these situations, we will take reasonable steps to ensure that the information disclosed is limited to what is strictly necessary.

Data Security

We take the security of your personal information very seriously. We have implemented reasonable technical, administrative, and physical safeguards to protect your information from unauthorized access, use, or disclosure. Despite these efforts, no security measures are perfect or impenetrable and we cannot guarantee the security of your information.

Data Retention

We will retain your information for as long as necessary to provide you with our services and fulfill the purposes outlined in this Privacy Policy. If you choose to delete your account or if we deactivate your account due to a violation of our terms of service, we may retain some information as necessary to comply with legal obligations, resolve disputes, or enforce our agreements.

User Responsibilities

The protection of your personal information is a shared responsibility between you and enov8tive. As a user of our platform and services, you are responsible for taking the necessary steps to ensure the security of your personal information. These responsibilities include, but are not limited to:

  1. Keeping your password and login information confidential and secure

  2. Notifying enov8tive immediately in the event of a security breach or unauthorized access to your account

  3. Providing accurate and up-to-date information to enov8tive

  4. Abiding by the terms of this Privacy Policy and any related agreements

By following these responsibilities, you are helping enov8tive ensure the security and protection of your personal information. If you have any questions or concerns regarding the protection of your personal information, please contact enov8tive at letstalk@enov8tive.com.

Your Rights

You have the right to access, modify, or delete your personal information. You also have the right to opt out of receiving marketing communications from us at any time. You can exercise these rights by contacting us at letstalk@enov8tive.com.

Changes to This Privacy Policy

enov8tiveMD reserves the right to modify this Privacy Policy at any time. If we make changes to this Privacy Policy, we will notify you by posting the updated policy on our website and in the application.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at letstalk@enov8tive.com.

User Responsibility

  1. User Obligations. The User is responsible for ensuring that their use of the enov8tiveMD app complies with all applicable laws and regulations, including but not limited to HIPAA regulations and any other privacy laws. The User is also responsible for maintaining the confidentiality of their login credentials and for preventing unauthorized access to their account.

  2. User Generated Content. The User acknowledges that any information or content they enter into the enov8tiveMD app, including Personal Information, is their sole responsibility. The User represents and warrants that they have the right to submit such information and that it is accurate, not confidential, and not in violation of any third-party rights.

  3. Data Accuracy. The User agrees to promptly update their Personal Information in the event of any changes. enov8tive assumes no responsibility for verifying the accuracy of the Personal Information provided by the User.

  4. User Conduct. The User agrees not to use the enov8tiveMD app for any unlawful purposes, or in any manner that would interfere with the normal operation of the app.

  5. Termination. enov8tive reserves the right to terminate the User's access to the enov8tiveMD app in the event of any material breach of this Privacy Policy, or if the User engages in any conduct that enov8tive determines to be unacceptable.

  6. Limitation of Liability. The User acknowledges that their use of the enov8tiveMD app and the provision of Personal Information is at their own risk. enov8tive will not be liable for any damages arising from the User's use of the app or the unauthorized access, use, disclosure, alteration or destruction of the User's Personal Information.

  7. Disclaimer. This Privacy Policy and the User Responsibility Clause constitute the entire agreement between the User and enov8tive with respect to the User's use of the enov8tiveMD app. The User acknowledges that they have read and understood this Privacy Policy and the User Responsibility Clause, and agree to be bound by its terms.

HIPAA Compliance Policy

enov8tiveMD is committed to maintaining the privacy and security of its users' protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a provider of digital health services, we understand the importance of protecting our users' health information and take our HIPAA obligations seriously. This HIPAA Compliance Policy outlines our policies and procedures for maintaining the confidentiality, integrity, and availability of PHI.

Designated HIPAA Privacy Officer

enov8tiveMD has designated a HIPAA Privacy Officer who is responsible for overseeing our HIPAA compliance efforts and ensuring that all employees understand and comply with our HIPAA policies and procedures. The HIPAA Privacy Officer is available to answer any questions and address any concerns our users may have about our HIPAA compliance program.

Training

enov8tiveMD provides regular training to all employees to ensure they are familiar with HIPAA regulations and understand how to properly handle and protect PHI. The training covers topics such as privacy and security regulations, the handling of PHI, and the reporting of any suspected or confirmed HIPAA violations.

Access Controls

enov8tiveMD implements administrative, physical, and technical safeguards to restrict access to PHI to only those employees who need it to perform their job functions. This includes access controls such as passwords, two-factor authentication, and secure login protocols. In addition, we regularly review and monitor access to PHI to ensure it is only accessed by authorized individuals.

Transmission Security

enov8tiveMD uses secure methods to transmit PHI, including encryption, secure socket layer (SSL), and virtual private network (VPN) connections. We also implement secure data storage solutions, such as encrypted databases and secure servers, to ensure the confidentiality and integrity of PHI.

Business Associate Agreements

enov8tiveMD enters into business associate agreements with service providers who may have access to PHI. These agreements ensure that these service providers also comply with HIPAA regulations and have the appropriate safeguards in place to protect PHI.

Incident Response

enov8tiveMD has established procedures for responding to and reporting any suspected or confirmed HIPAA violations. Our HIPAA Privacy Officer is responsible for investigating any suspected HIPAA violations and implementing corrective actions as necessary. In the event of a breach of PHI, we will promptly notify affected individuals and take any necessary steps to mitigate the harm caused by the breach.

Regular Evaluations

enov8tiveMD regularly evaluates its HIPAA compliance program and implements changes as needed to ensure ongoing compliance with HIPAA regulations. This includes conducting regular internal audits, reviewing and updating our policies and procedures, and implementing any new technologies or processes that may improve our HIPAA compliance efforts.

Right to Access and Control PHI

enov8tiveMD acknowledges its users' rights to access and control their PHI and will comply with any valid request from a user to access or modify their PHI. Our users have the right to request a copy of their PHI, request that we correct any inaccuracies in their PHI, and request that we restrict the use and disclosure of their PHI.

Contact Information

If you have any questions or concerns about enov8tiveMD's HIPAA Compliance Policy, please contact our HIPAA Privacy Officer at [contact email].

User Roles and Responsibilities

As a user of enov8tive's software and services, you have certain responsibilities to ensure the proper use of the platform and to safeguard your personal information. To that end, you agree to the following responsibilities:

  1. Compliance with Laws and Regulations. You agree to abide by all applicable laws and regulations in your use of the platform, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) regulations.

  2. Lawful Use of the Platform. You agree to use the platform only for lawful purposes and to not engage in any activity that is illegal, fraudulent, or unethical.

  3. User Responsibility. By accessing enov8tive, the User acknowledges that they are solely responsible for the confidentiality and security of their login credentials and the protection of their Personal Health Information (PHI) and other sensitive information entered into the app.

  4. Confidentiality of Login Information. You are responsible for keeping your login information and password confidential and secure. You must not share your login information with any third party and must take all necessary steps to prevent unauthorized access to your account.

  5. Reporting Security Breaches. In the event of a security breach or unauthorized access to your account, you must immediately notify enov8tive. You must also take all necessary steps to prevent further unauthorized access and to secure your account.

  6. Accuracy of Personal Information. You are responsible for providing accurate and up-to-date information to enov8tive, including personal information. If your information changes, you must update it promptly.

  7. Understanding and Compliance with Policies. You are responsible for reading and understanding the terms of this Software License Agreement, Privacy Policy, Terms and Conditions, and HIPAA Compliance Policy and agreeing to abide by them.

  8. Marketing Purposes. You understand that enov8tive may use your personal information for marketing purposes within the platform, as outlined in the Privacy Policy.

  9. HIPAA Compliance. You understand that any health information you input into the platform is subject to HIPAA regulations and will be handled in accordance with the HIPAA Compliance Policy. You agree to comply with all HIPAA regulations and to not use the platform to store, transmit, or access any health information in an unauthorized manner.

By following these responsibilities, you are helping enov8tive ensure the security and proper use of the platform. If you have any questions or concerns regarding your responsibilities as a user, please contact enov8tive at letstalk@enov8tive.com.

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