Last Modified: September 9, 2026

EverHealth Solutions Inc. (“EverHealth,” “we,” “us,” “our,” or “Company”) requires all visitors to and users of the website located at EverHealth.com (the “Site”) to accept and adhere to these Terms of Use (the “Agreement”). This Agreement governs your access to and use of the Site and is accepted by accessing, browsing, or using the Site in any manner. References to “Affiliates” in this Agreement mean EverHealth Solutions, Inc., its subsidiaries, joint ventures, or other companies under common control with EverHealth Solutions Inc.. Company may update this Agreement from time to time by posting the revised Agreement on the Site with an updated “Last Modified” date. Your continued access to or use of the Site following such posting will be deemed acceptance of the updated Agreement. If you do not agree to this Agreement, you must immediately cease all use of the Site.

1. DESCRIPTION OF THE SITE

The Site is an informational and marketing website that provides general information about Company’s software products and services for healthcare practices, including electronic health records (EHR), practice management, patient communications, charge capture, clearinghouse, and revenue cycle management solutions.

2. ELIGIBILITY

The Site is intended for use only by individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater. By using the Site, you represent and warrant that you meet these age requirements. If you are using the Site on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case “you” and “your” shall refer to such entity. If you do not have such authority, or if you do not agree to this Agreement, you may not use the Site.

3. USER CONDUCT AND PROHIBITED USES

You agree that you will use the Site only for lawful purposes and in compliance with this Agreement and all applicable local, state, national, and international laws and regulations. Without limiting the foregoing, in accessing or using the Site, you will not: (a) use the Site for any unlawful, fraudulent, deceptive, or harmful purpose; (b) attempt to gain unauthorized access to the Site, any accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means; (c) interfere with or disrupt the integrity or performance of the Site, its servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of such networks; (d) transmit any viruses, worms, Trojan horses, ransomware, malware, spyware, or any other harmful, disruptive, or destructive files, code, or programs; (e) engage in any scraping, data mining, crawling, harvesting, screen-scraping, or similar data-gathering or extraction activities with respect to the Site or its Content; (f) use the Site or any Content to compete directly or indirectly with Company or its Affiliates, or to develop a competing product or service; (g) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) use any automated system, including without limitation robots, spiders, scrapers, crawlers, or offline readers, to access the Site without the prior written consent of Company; (i) reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code of any software, technology, or systems used to provide or operate the Site; (j) circumvent, disable, or otherwise interfere with any security-related features of the Site, including features that prevent or restrict use or copying of any Content or that enforce limitations on the use of the Site; (k) use the Site or any Content to send unsolicited commercial communications (spam), chain letters, pyramid schemes, or other unauthorized solicitations or advertisements; (l) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or systems; or (m) use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use or enjoyment of the Site.

Company reserves the right to investigate and take appropriate action against anyone who, in Company’s sole discretion, violates the foregoing prohibitions, including without limitation reporting such activity to law enforcement authorities and terminating access to the Site.

4. INTELLECTUAL PROPERTY RIGHTS

5. USER SUBMISSIONS AND COMMUNICATIONS

6. DISCLAIMERS

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVERHEALTH SOLUTIONS INC., AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “COMPANY PARTIES”) HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS; ANY WARRANTY THAT DEFECTS IN THE SITE WILL BE CORRECTED; ANY WARRANTY THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE SITE; OR ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED FROM OR THROUGH THE SITE; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SITE; ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE SITE OR ITS CONTENT; OR ANY OTHER MATTER RELATING TO THE SITE OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE TOTAL CUMULATIVE AND AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU HAVE PAID TO COMPANY (IF ANY) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge and agree that the disclaimers and limitations of liability set forth in this Agreement reflect a reasonable and fair allocation of risk between you and Company, and that these limitations are an essential basis of the bargain between you and Company. Company would not be able to provide the Site to you on an economically reasonable basis without these limitations.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company Parties (as defined in Section 6) from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including without limitation reasonable attorneys’ fees, court costs, expert witness fees, and costs of investigation) (collectively, “Losses”) arising out of or related to: (a) your access to, use of, or misuse of the Site or any Content; (b) your violation or alleged violation of this Agreement; (c) your violation or alleged violation of any applicable law, statute, ordinance, regulation, or rule; (d) your violation or alleged violation of any third party’s rights, including without limitation any intellectual property rights, privacy rights, publicity rights, or contractual rights; (e) any Submission you make to or through the Site; (f) any misrepresentation made by you; or (g) any negligent or wrongful act or omission by you in connection with the Site. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses. This indemnification obligation shall survive the termination or expiration of this Agreement and your use of the Site.

9. THIRD-PARTY LINKS AND CONTENT

The Site may contain links, references, or connections to third-party websites, resources, content, advertisers, services, or applications that are not owned or controlled by Company (collectively, “Third-Party Resources”). Company provides these links solely as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Resources. You acknowledge and agree that: (a) Company has no control over and is not responsible or liable for the content, accuracy, availability, legality, privacy practices, or opinions expressed in any Third-Party Resources; (b) the inclusion of any link on the Site does not imply any endorsement, sponsorship, recommendation, affiliation, or association by Company with the linked Third-Party Resource or its operators; (c) you access and use Third-Party Resources entirely at your own risk and subject to the terms and conditions and privacy policies of such third parties; and (d) Company shall have no liability arising from your use of or reliance on any Third-Party Resources. You should review the terms of use and privacy policies of any Third-Party Resources before providing any personal information to, or engaging in any transactions with, such third parties.

10. PRIVACY

Your use of the Site is also governed by the Company Privacy Policy, available at EverHealth.com/privacy-policy (the “Privacy Policy”), which is incorporated into and made a part of this Agreement by this reference. By using the Site, you consent to the collection, use, disclosure, and processing of your information as described in the Privacy Policy. Please review the Privacy Policy carefully before using the Site. In the event of any conflict between this Agreement and the Privacy Policy with respect to the collection and use of personal information, the Privacy Policy shall control.

11. AVAILABILITY AND MODIFICATIONS TO THE SITE

Company reserves the right, in its sole discretion, at any time and for any reason or no reason, without notice or liability to you or any third party, to: (a) modify, update, revise, suspend, or discontinue the Site or any Content, features, functionality, products, or services available on or through the Site, temporarily or permanently; (b) impose limits on certain features and services or restrict your access to all or any part of the Site; (c) change the equipment, hardware, or software requirements for accessing the Site; or (d) perform scheduled or unscheduled maintenance, updates, or upgrades to the Site. Company does not guarantee that the Site will be available at all times or at any particular time, or that the Site will be free from interruptions, delays, or errors. Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

12. TERMINATION

Company may, in its sole and absolute discretion, at any time and for any reason or no reason, terminate, suspend, limit, or restrict your access to and use of the Site, in whole or in part, immediately and without prior notice or liability to you. Without limiting the foregoing, Company may terminate your access if Company reasonably believes that you have violated or acted inconsistently with this Agreement. Upon termination, your right to use the Site will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive, including without limitation Sections 4 (Intellectual Property Rights), 5 (User Submissions and Communications), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 13 (Governing Law and Jurisdiction), and 20 (Entire Agreement).

13. GOVERNING LAW AND JURISDICTION

This Agreement, and any dispute, claim, or cause of action arising out of or relating to this Agreement or the Site, shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in Colorado.

14. FORCE MAJEURE

Company shall not be liable for any failure or delay in the performance of any obligation under this Agreement, or for any loss or damage, to the extent such failure, delay, loss, or damage results from causes beyond Company’s reasonable control, including but not limited to acts of God, fire, flood, earthquake, hurricane, tornado, or other natural disasters; epidemic, pandemic, or public health emergencies; war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; government orders, laws, sanctions, embargoes, or other actions; national or regional emergencies; strikes, labor stoppages, or slowdowns; shortage of adequate power, telecommunications, or transportation; failure or degradation of the internet or any telecommunications network; equipment or software malfunction, failure, or error; or any other cause beyond Company’s reasonable control. Performance obligations shall be suspended for the duration of the force majeure event.

15. ASSIGNMENT

Company may freely assign, transfer, delegate, or otherwise dispose of this Agreement, or any of its rights or obligations hereunder, in whole or in part, at any time and without your consent, including without limitation in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. You may not assign, transfer, delegate, or otherwise dispose of this Agreement, or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of Company. Any purported assignment by you in violation of this Section shall be null and void.

16. NO THIRD-PARTY BENEFICIARIES

This Agreement is for the sole benefit of you and Company and does not confer any rights or remedies upon any third party, except that the Company Parties (as defined in Section 6) are intended third-party beneficiaries of the disclaimers, limitations of liability, and indemnification provisions contained herein.

17. RELATIONSHIP OF THE PARTIES

Nothing in this Agreement shall be construed to create a joint venture, partnership, employment, franchise, or agency relationship between you and Company. You have no authority to bind Company in any respect whatsoever.

18. EQUITABLE RELIEF

You acknowledge and agree that a breach or threatened breach of Section 3 (User Conduct and Prohibited Uses) or Section 4 (Intellectual Property Rights) would cause irreparable harm to Company for which monetary damages would be an inadequate remedy, and that Company shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity, without the necessity of proving actual damages or posting any bond.

19. ELECTRONIC COMMUNICATIONS

By using the Site or submitting information through the Site, you consent to receive electronic communications from Company. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.

20. ENTIRE AGREEMENT; SEVERABILITY; WAIVER

21. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us at:

EverHealth Solutions Inc.

3601 Walnut Street Suite 400

Denver, CO 80205

For legal inquiries, you may also contact us at the above address.