Terms and Conditions

  • TERMS OF SERVICE

    Last Updated: February 11, 2025

    These Terms of Service form the agreement (“Agreement”) between you as a user (“you”) and Pulsed Ozone Cellular Therapy, LLLP (“Provider”) regarding the use of this website, software (including software applications, mobile applications, and APIs), and other services of Provider (collectively, the “Services”). If you are using the Services on behalf of an organization, the term "you" refers to such organization.

    IMPORTANT: BY CLICKING “REGISTER,” “START TRIAL,” OR SIMILAR WORDING TO CREATE AN ACCOUNT, SIGNING ANY DOCUMENT THAT INCORPORATES THESE TERMS BY REFERENCE, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT CLICK TO CREATE AN ACCOUNT, SIGN A DOCUMENT THAT INCORPORATES THESE TERMS, COMPLETE THE REGISTRATION PROCESS, OR USE THE SERVICES.

    1. SERVICES.

    1.1. Your Services. The scope of your Services is described in your order form, invoice, or other mutually agreed document which details the business terms (such as service plan, number of users, usage volume limits, pricing, duration, etc.) of your order (the “Subscription Terms”).

    1.2. Users. You and your Authorized Users may use the Services as permitted by the Subscription Terms. “Authorized User” means anyone you authorize to access and use the Services under your account. You are responsible for the actions of your Authorized Users. If you are an Authorized User of an organization, you agree that (i) the organization owns the account, including its content, and may at any time access, use, control, and disable your account and its content; (ii) the organization will have access to your data contained in the Services; and (iii) if the organization owns two or more accounts, it may transfer Authorized Users between its accounts without notice. If you use an email address procured for you by your organization (such as work email) to create your Services account, the organization owns the account. If you do not want your organization to access, use, or control your account, do not use an email address procured by your organization in connection with the Service.

    1.3. Use by Children. Our Services are not designed for or marketed to children under 18. If you use the Services to gather personal information about minors, then you are responsible for obtaining appropriate consent from the minor's parent or legal guardian.

    1.4. Account Access Credentials. You are responsible for keeping control of your account access credentials (such as login, password, two-factor authentication codes, and backup codes) and for keeping it confidential, safe, and up to date. If you lose your credentials (including deleting or losing access to your email), you may not be able to restore access to your account and Your Content.

    1.5. Free and Beta Services. Provider may choose to make certain Services available to you for free, including as a trial or promotion (“Free Services”). Further, Provider may invite you to try new features or functionality not generally available to users (“Beta Services”). Free Services and Beta Services are for evaluation purposes only. Provider may discontinue Free Services and Beta Services at any time and may never make Beta Services generally available. FREE SERVICES AND BETA SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY SERVICE LEVEL OR SUPPORT COMMITMENT.

    1.6. Third-Party Services. Optional third-party services available through the Services (“Third-Party Services”) may be governed by separate terms and conditions. Warranties for Third-Party Services are only available if the third-party provider makes such warranties to you. Otherwise, Provider is not responsible for such Third-Party Services. By using Third-Party Services, you authorize Provider to share your account data and Your Content with the third-party provider to enable you to access and receive the Third-Party Services. Services depend on third-party networks, Internet providers, and device manufacturers that are outside of Provider’s control. You acknowledge that Provider will not be responsible for performance or non-performance because of such networks or devices.

    1.7. Changes to the Services. Provider may enhance, upgrade, modify, discontinue, or stop supporting the Services at any time. However, Provider will not materially reduce or discontinue the core functionality of the Services except as permitted by this Agreement.

    2. AGREEMENT INCLUDES ADDITIONAL DOCUMENTS.

    “Agreement” includes these Terms of Service, the Subscription Terms, and the following additional documents (to the extent applicable):The Agreement is the entire agreement between the parties with respect to your access and use of the Services. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter and prevails over any inconsistent or conflicting terms contained in any documents, communications, or discussions. In case of a conflict or inconsistency between these Terms and any other document that forms the Agreement, these Terms will control unless another document explicitly states that it overrules these Terms.

    3. CONTENT OWNERSHIP.

    3.1. Your Content. “Your Content” means your documents, communications, personal information, and other content you, including your Authorized Users, upload into or use with the Services. Between you and Provider, you own all rights to Your Content. You are responsible for ensuring that Your Content complies with the law.

    3.2. Provider Content. “Provider Content” means documents, communications, data, including aggregated and anonymized data about the use and performance of the Services, and other content provided by Provider as part of the Services or as part of Provider’s business operations. Between you and Provider, Provider owns all rights to Provider Content. Provider Content is considered Free Services unless it is expressly included as part of the Services in your Subscription Terms (such as Provider’s proprietary document templates). Provider Content does not become Your Content even if you subscribe to it or download it. All rights not expressly granted in this Agreement are reserved by Provider. No rights are granted by implication, waiver, or estoppel.

    3.3. Third-Party Content. “Third-Party Content” means content owned by someone other than you or Provider. Third parties or Provider may post or refer to Third-Party Content on the Services. For example, as part of Free Services, the Services may include a reference, including preview or snippet, to a publicly available document found on a third-party website. Further, as part of Free Services, Provider may index and categorize such publicly available documents to make it easier for you to search for them. Such referenced or indexed content remains Third- Party Content. THIRD-PARTY CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY SERVICE LEVEL OR SUPPORT COMMITMENT.

    3.4. Feedback. If you provide an idea, suggestion, information, or feedback relating to the Services (“Feedback”), including, without limitation, new features or functionality, by this Agreement you assign to Provider all rights, including all copyright, patent, and other intellectual property rights in all of your Feedback to Provider. This includes Feedback submitted to Provider via support tickets, email, chat, survey, product review, or community forum. Where assignment is prohibited by law, you grant Provider and its affiliates an exclusive (even as to you), transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use all Feedback.

    4. CONFIDENTIALITY.

    4.1. Definition of Confidential Information. All non-public information disclosed by a party (the “disclosing party”) to the other party (the “receiving party”) that the receiving party knows or reasonably should know is confidential to the disclosing party is “Confidential Information,” except for the information which: (a) becomes publicly available through no fault of the receiving party; (b) is known by the receiving party at the time of receiving such information without confidentiality obligations; (c) is obtained by the receiving party on a non-confidential basis from a third party that was not restricted from disclosing such information; or (d) is independently developed by the receiving party without the use of Confidential Information.

    4.2. Confidentiality Obligations. The receiving party agrees to (i) protect Confidential Information with reasonable care and (ii) use Confidential Information only as necessary for purposes of this Agreement. Each party may disclose relevant portions of Confidential Information to the receiving party’s representatives, on a need-to-know basis, on condition that such individuals or entities are under obligations of confidentiality that require them to protect the Confidential Information to the same extent as required under this Agreement. If requested by Provider, you will return or destroy all copies of Provider’s Confidential Information in your possession or control within thirty (30) days. To delete your Confidential Information, you will delete your account via your account settings. Provider support can assist you with this process. If you delete your account, Provider will remove Confidential Information in your account per the then-current deletion policy or practice. However, each receiving party will not be obligated to delete any copies which are (a) needed to comply with a legal obligation or (b) are stored in its automated data backup systems. Either party may disclose Confidential Information in compliance with a mandatory legal request. These confidentiality obligations will remain in effect for the duration of the Agreement plus three (3) years.

    4.3. Other Non-Disclosure Agreements. If the parties execute another non-disclosure agreement, it will supplement (and not overrule) this Agreement and exist concurrently with it. In the event of inconsistency or conflict, the provision that provides the disclosing party with the broadest confidentiality protection will apply.

    5. LICENSE.

    5.1. Your License. Subject to your compliance with this Agreement, Provider grants you a limited, non-exclusive, non-transferable (except as permitted by this Agreement) license to use the Services solely internally and only for your personal or internal business use. If you are licensing the API as part of the Services (as indicated in your Subscription Terms), your license also includes the right to incorporate the API into your products and services as permitted by your Subscription Terms. Provider reserves all rights not expressly granted to you in this Agreement.

    5.2. Acceptable Use. You will not do any of the following (directly or indirectly):

    (i) distribute, resell, or make the Services available to anyone except as expressly allowed by the Agreement or the Subscription Terms with respect to making the functionality of the Services available to third parties through Provider’s APIs;

    (ii) reverse engineer, disassemble, or decompile the Services or any software that is used to provide the Services;

    (iii) tamper with any notices or technological restrictions in the Services;

    (iv) share your login credentials with anyone or use any automated system, including robots, spiders, or offline readers, to access or operate the Services;

    (v) use the Services to host, transmit, or otherwise aid illegal, abusive (including unsolicited), fraudulent, deceptive, threatening, explicit, obscene, hateful, or harmful content or behavior or malicious code;

    (vi) use the Services for the benefit of a competitive offering;

    (vii) materially overload, disrupt, overburden, or impair the Services;

    (viii) misrepresent yourself or impersonate another person;

    (ix) violate any law or anyone’s rights (including intellectual property rights); or

    (x) attempt any of the above.

    5.3. Protective Actions. If Provider reasonably determines that you violate any of the use restrictions above, Provider may suspend or terminate your access to the Services or utilize other mechanisms available to Provider to prevent violations, including removing violating content and deactivating URLs or links provided by the Services. Provider will exercise commercially reasonable efforts to give you notice without unreasonable delay after taking protective action.

    6. YOU AGREE TO RECEIVE ELECTRONIC COMMUNICATIONS, INCLUDING MARKETING COMMUNICATIONS.

    By accepting these Terms, you consent to receive electronic communications from Provider in the form of SMS messages. These electronic communications may include notices about your upcoming appointments, payments, changes to Services, and other communications related to the Services. You expressly agree to receive marketing communications from Provider to the extent consent by accepting these Terms is permitted by law. You will only receive these messages in response to direct communication with our office for services. Such messages are generally expected to be sent once weekly. Message and Data rates may apply. You may opt-out of receiving SMS messages at any time. To opt-out, please reply “STOP” or “UNSUBSCRIBE” to any message you receive from us by replying “HELP” in any text message received or contact us by email at pulsedozone@gmail.com.

    You may Opt-Out of receiving such communications at any time utilizing the channels provided on the Providers Web Site, https://www.pulsedozone.net

    You may also review our Privacy Policy at https://www.pulsedozone.com/privacy-policy

    7. YOU AGREE TO PAY THE FEES OWED FOR THE SERVICES.

    8.1. Fees for the Services. You will pay Provider all fees for the Services in accordance with Providers Terms of Service without withholding, offset, or deduction. Except as otherwise agreed by Provider, all fees are non-refundable.

    8.2. Payment Terms. Fees for services and products provided are due at the time of services unless otherwise agreed to in advance of the providing os said services or products.

    8.3. Contact Support with Questions about Payments. If you have a question about your payment or would like to dispute an invoice, you will contact Provider’s support team through the channels described on Provider website with details of the question or dispute, any supporting documentation, and your contact information within 30 days of the payment or receipt of the invoice. If you fail to contact Provider support before disputing the payment with a financial institution, Provider may use such failure as an argument against your dispute. You will continue to pay all undisputed amounts when due while the parties work diligently to promptly resolve the dispute. When a dispute is resolved, Provider will promptly credit any amount owed to you, and you will promptly pay all amounts owed to Provider.

    9. HANDLING OF PERSONAL DATA.

    To the extent that Provider has access to any personal data gathered from you or your Authorized Users in connection with the Services, such information will be processed in accordance with the provisions set forth and incompliance with HIPAA regulations. You may read more about our Privacy Policy at https://www.pulsedozone.net/privacy-policy