Terms of Service

1.1 Acceptance of Terms.

These Terms of Service ("Terms") constitute a legally binding agreement between the individual accessing or using the Platform ("User," "you," or "your") and WYZZIE LLC, a Florida limited liability company ("Company," "we," "us," or "our"). These Terms govern the User's access to and use of the WYZZIE platform, including any associated websites, mobile applications, desktop applications, and any other software or services offered by the Company in connection therewith (collectively, the "Platform").

1.2 Acceptance by Access or Use.

BY ACCESSING, BROWSING, OR USING THE PLATFORM, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED "I AGREE" (OR SOMETHING SIMILAR), THE USER ACKNOWLEDGES THAT THE USER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS. IF THE USER DOES NOT AGREE TO THESE TERMS, THE USER IS NOT AUTHORIZED TO ACCESS OR USE THE PLATFORM AND MUST IMMEDIATELY DISCONTINUE ANY USE THEREOF.

1.3 Eligibility.

The Platform is intended solely for use by individuals who are (a) at least eighteen (18) years of age, and (b) either (i) currently enrolled in or have completed an Oral and Maxillofacial Surgery residency program, (ii) currently enrolled in or have completed an Oral and Maxillofacial Surgery fellowship program, (iii) licensed and practicing Oral and Maxillofacial Surgeons, or (iv) retired Oral and Maxillofacial Surgeons, or (v) individuals currently enrolled in an accredited United States dental school with a stated intent to pursue Oral and Maxillofacial Surgery residency or related advanced training (collectively, "Eligible Users"). The Company reserves the right to modify the scope of access available to any category of Eligible Users at any time without prior notice. By accessing or using the Platform, the User represents and warrants that the User meets all eligibility requirements set forth herein. The Company reserves the right to verify the User's eligibility at any time and to suspend or terminate access for any User who does not meet these requirements or who has misrepresented their eligibility status.

1.4 Account Registration.

To access certain features of the Platform, the User must register for an account ("Account"). During registration, the User agrees to (a) provide accurate, current, and complete information as prompted by the registration process, (b) maintain and promptly update such information to keep it accurate, current, and complete, and (c) maintain the security and confidentiality of the User's login credentials. The User may register using email and password credentials or through third-party authentication services supported by the Platform, including Google Sign-In and Apple Sign-In. The User is solely responsible for all activity that occurs under the User's Account, whether or not authorized by the User. The User agrees to notify the Company immediately of any unauthorized use of the User's Account or any other breach of security. The Company shall not be liable for any loss or damage arising from the User's failure to comply with this Section 1.4.

1.5 Verification of Credentials.

The Company may require verification of the User's professional credentials, including but not limited to National Provider Identifier (NPI) number for residents, fellows, attending physicians, and retired practitioners. Users who are unable to provide an NPI number may apply for access through an alternative application pathway requiring manual administrative review and approval. The Company reserves the right to approve or deny such applications in its sole discretion. The User agrees to provide verification documentation promptly upon request. The Company reserves the right to deny or revoke access to any User who fails to provide satisfactory verification or who provides false or misleading credential information. Users registering as Dental Students are not required to provide a National Provider Identifier (NPI) number and may register through the alternative application pathway described above, which requires manual administrative review and approval.

1.6 Additional Policies.

In addition to these Terms, the User's access to and use of the Platform is subject to the Company's Privacy Policy, which is incorporated herein by reference. The User acknowledges and agrees that the User has reviewed and accepts the Privacy Policy. The Company may also publish additional guidelines, rules, or policies applicable to specific features or services within the Platform ("Additional Policies"), which are hereby incorporated into these Terms by reference. In the event of a conflict between these Terms and any Additional Policies, these Terms shall control unless the Additional Policies expressly state otherwise.

1.7 Modifications to Terms.

The Company reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. For modifications that the Company determines, in its sole discretion, to be material, the Company will notify Users by requiring acknowledgment of the updated Terms upon the User's next login to the Platform; the User will not be permitted to access the Platform until the User acknowledges the updated Terms. Material changes may include, but are not limited to, modifications to dispute resolution or arbitration provisions, limitations of liability, indemnification obligations, intellectual property rights, privacy or data practices, Protected Health Information prohibitions, or eligibility requirements. For non-material modifications, the Company will post the updated Terms on the Platform and update the "Last Updated" date at the top of these Terms. The Company may, but is not obligated to, provide additional notice of non-material changes via email, push notification, or through the Platform. The User's continued access to or use of the Platform following the posting of any non-material changes constitutes acceptance of such changes. It is the User's responsibility to review these Terms periodically. If the User does not agree to any modified Terms, the User must immediately discontinue use of the Platform. See Section 18 (Modifications to Terms) for additional provisions regarding modifications.

1.8 Electronic Communications.

By creating an Account or using the Platform, the User consents to receive electronic communications from the Company, including but not limited to emails, push notifications, and in-Platform messages, regarding the User's Account, Platform updates, and transactional matters. The User agrees that all agreements, notices, disclosures, and other communications that the Company provides electronically satisfy any legal requirement that such communications be in writing.

1.9 Marketing Communications.

By creating an Account, the User consents to receive marketing and promotional communications from the Company, including but not limited to newsletters, announcements, educational content, and information about Platform features, via email, push notification, or the Company's social media channels (including but not limited to Instagram). The User may opt out of marketing communications at any time by (a) following the unsubscribe instructions contained in any marketing email, (b) adjusting notification preferences within the User's Account settings, or (c) contacting the Company at [email protected]. Opting out of marketing communications shall not affect the User's receipt of transactional or Account-related communications.

2.1 Overview.

WYZZIE is a digital platform designed to serve the Oral and Maxillofacial Surgery professional community by providing educational resources, case logging and tracking tools, performance analytics, gamification features, and graduation requirement tracking. The Platform is intended to support the professional development, education, and board preparation of Eligible Users as defined in Section 1.3.

2.2 Platform Features.

Subject to the User's eligibility status and Account type, the Platform may provide access to the following features and services:

(a) Case Logging Tools. Tools enabling Users to record and track de-identified operative and anesthesia case information, including Current Procedural Terminology (CPT) codes, International Classification of Diseases (ICD) codes, anatomical locations, and other clinical categorizations, for personal educational and professional development purposes;
(b) Educational Content. Educational materials, including but not limited to Question of the Day features for board preparation, and other informational content related to Oral and Maxillofacial Surgery;
(c) Performance Analytics. Personal analytics dashboards displaying case trends, category mastery, learning curves, and other data derived from the User's case log entries;
(d) Gamification Features. Experience point (XP) accumulation, leveling systems, streak tracking, achievements, and other motivational features designed to encourage consistent engagement with the Platform's educational and case logging tools;
(e) Leaderboards and Rankings. Comparative rankings of Users based on experience points, case counts, and other metrics, filterable by Post-Graduate Year (PGY) level, program affiliation, and time window (daily, weekly, monthly, all-time);
(f) CODA Tracking. Tools enabling Users to track their progress toward graduation requirements as established by the Commission on Dental Accreditation (CODA);
(g) Program Director Analytics. Aggregated, de-identified analytics for Program Directors to monitor program-level training metrics;
(h) PDF Case Log Export. The ability to generate and export case log data in Portable Document Format (PDF) for personal record-keeping;
(i) Google Sheets Backup. Optional integration enabling Users to authorize automated backup of their case log data to a Google Sheets spreadsheet in the User's own Google Drive account; and
(j) Push Notifications. Notifications delivered to the User's device regarding streak reminders, achievement unlocks, Question of the Day availability, weekly digests, and other Platform activity.
(k) Sponsored Content. Third-party promotional content, clearly identified as sponsored, provided by companies and organizations in the Oral and Maxillofacial Surgery industry. Sponsored Content is governed by Section 9.

The Company reserves the right to modify, suspend, discontinue, or add any feature or service at any time, with or without notice, in its sole discretion. The availability of specific features may vary based on the User's Account type, eligibility status, or other factors determined by the Company.

2.3 Platform Is Not Medical Advice.

THE PLATFORM IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING CONTAINED ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO EDUCATIONAL CONTENT, QUESTION OF THE DAY FEATURES, CASE LOG DATA, ANALYTICS, OR ANY OTHER MATERIALS, CONSTITUTES MEDICAL ADVICE, DIAGNOSIS, TREATMENT RECOMMENDATION, OR CLINICAL GUIDANCE. THE PLATFORM DOES NOT ESTABLISH A PROVIDER-PATIENT RELATIONSHIP BETWEEN ANY USERS OR BETWEEN ANY USER AND THE COMPANY. ALL CLINICAL DECISIONS REMAIN THE SOLE RESPONSIBILITY OF THE TREATING PROVIDER. CONTENT ON THE PLATFORM IS INTENDED TO SUPPLEMENT, NOT REPLACE, PROFESSIONAL JUDGMENT, FORMAL TRAINING, INSTITUTIONAL PROTOCOLS, AND THE STANDARD OF CARE APPLICABLE TO THE USER'S PRACTICE. THE USER ASSUMES ALL RESPONSIBILITY FOR ANY CLINICAL DECISIONS MADE IN CONNECTION WITH INFORMATION OBTAINED THROUGH THE PLATFORM.

2.4 Platform Is Not Designed for Protected Health Information.

THE PLATFORM IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR THE COLLECTION, STORAGE, PROCESSING, OR TRANSMISSION OF PROTECTED HEALTH INFORMATION ("PHI") AS DEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AS AMENDED ("HIPAA"), OR ANY OTHER PATIENT-IDENTIFIABLE HEALTH INFORMATION. THE PLATFORM IS NOT A HIPAA-COMPLIANT SERVICE AND THE COMPANY DOES NOT ENTER INTO BUSINESS ASSOCIATE AGREEMENTS. USERS ARE STRICTLY PROHIBITED FROM ENTERING, UPLOADING, TRANSMITTING, OR OTHERWISE DISCLOSING ANY PHI OR PATIENT-IDENTIFIABLE INFORMATION ON OR THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO IN CASE LOGS OR ANY OTHER USER-GENERATED CONTENT. THE PLATFORM DISPLAYS A PHI DISCLAIMER TO USERS UPON THEIR FIRST CASE LOG ENTRY TO REINFORCE THIS PROHIBITION. ANY USER WHO ENTERS PHI OR PATIENT-IDENTIFIABLE INFORMATION ONTO THE PLATFORM DOES SO IN VIOLATION OF THESE TERMS AND ASSUMES ALL LIABILITY FOR ANY RESULTING CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING UNDER HIPAA, STATE PRIVACY LAWS, OR COMMON LAW.

Without limiting the User's obligations under Section 15 (Indemnification), any User who violates this Section 2.4 shall be responsible for any and all costs, expenses, fines, penalties, settlements, judgments, and reasonable attorneys' fees incurred by the Company as a result of such violation, whether arising from regulatory action, third-party claims, litigation, investigation, remediation, or any other cause. The Company reserves the right to remove, without notice, any content suspected of containing PHI or patient-identifiable information.

2.5 Availability.

The Company does not guarantee that the Platform will be available at all times or that access will be uninterrupted, timely, secure, or error-free. The Platform may be subject to limitations, delays, and other problems inherent in the use of the internet, electronic communications, and digital infrastructure. The Company reserves the right to modify, suspend, or discontinue the Platform, in whole or in part, at any time, with or without notice, for any reason, including but not limited to maintenance, updates, security concerns, or business considerations. The Company shall not be liable for any loss or damage arising from any modification, suspension, or discontinuation of the Platform.

2.6 Maintenance Mode and Kill Switch.

The Company reserves the right to place the Platform into a maintenance mode or to activate an emergency shutdown mechanism ("Kill Switch") at any time, with or without notice, in its sole discretion, for purposes including but not limited to addressing security vulnerabilities, preventing data loss, mitigating abuse, or responding to unforeseen operational issues. During any period of maintenance mode or emergency shutdown, the Platform may be wholly or partially unavailable to Users. The Company shall not be liable for any loss or damage arising from the activation of maintenance mode or the Kill Switch, including but not limited to loss of access to the Platform, interruption of case logging, loss of streak data, or any other consequence.

2.7 No User-to-User Communication.

The Platform does not provide messaging, forum, discussion board, or any other direct communication features between Users. Case log data entered by Users is private to that User's Account and is not visible to other Users, except as specifically provided for in Section 3.5 (Program Director Data Access) with respect to aggregated, de-identified Program Data. Leaderboard and ranking features display limited profile information (such as display name, level, experience points, avatar, and program affiliation) as described in Section 3.11.

2.8 No Endorsement of Sponsored Content.

The Platform may display content provided by third-party sponsors ("Sponsored Content"). Sponsored Content is clearly identified as such and is provided solely by the respective sponsor. The Company does not endorse, verify, or adopt any Sponsored Content, including but not limited to any claims, representations, or statements made therein. The Company makes no representations or warranties regarding the accuracy, completeness, safety, efficacy, or legality of any products, services, or information featured in Sponsored Content. Users who engage with Sponsored Content or the products or services featured therein do so at their own risk and subject to the terms and policies of the respective sponsor. The Company shall not be liable for any loss or damage resulting from the User's engagement with Sponsored Content.

2.9 Sponsored Educational Content; Editorial Independence.

Certain educational features of the Platform, including but not limited to Question of the Day features and other educational content, may display sponsorship from third-party companies or organizations. Such sponsorship consists solely of brand visibility (e.g., "This feature is sponsored by [Sponsor Name]") and does not indicate any involvement by the sponsor in the creation, selection, editing, or approval of the underlying educational content. All educational content on the Platform is created, selected, and controlled solely by the Company or its independent contributors, without input from sponsors. Sponsors do not have access to educational content prior to publication and do not have the ability to influence, modify, or approve such content. Educational content on the Platform does not recommend, endorse, or favor any specific brand, manufacturer, or product. Any clinical information provided is intended to be brand-neutral and based on generally accepted principles. The appearance of a sponsor's name in proximity to educational content shall not be construed as an endorsement of that content by the sponsor, an endorsement of the sponsor's products by the Company, or any indication that the sponsor influenced the content in any way. Users should evaluate all educational content based on its clinical merit and their own professional judgment, without regard to any associated sponsorship.

3.1 Account Types.

The Platform provides different categories of Accounts with varying levels of access to Platform features. The specific features, functionality, and content available to a User depend on the User's Account type, as determined by the Company based on the User's verified credentials. The Company reserves the right to modify the features, functionality, and content available to any Account type at any time, with or without notice, in its sole discretion. The following Account types are available on the Platform:

(a) Resident Account. Available to individuals currently enrolled in an accredited Oral and Maxillofacial Surgery residency program who have been verified pursuant to Section 1.5;
(b) Attending Account. Available to licensed, practicing Oral and Maxillofacial Surgeons, including those in academic, hospital-based, private practice, or military settings, who have been verified pursuant to Section 1.5; and
(c) Retired Account. Available to retired Oral and Maxillofacial Surgeons who have been verified pursuant to Section 1.5.
(d) Dental Student Account. Available to individuals currently enrolled in an accredited United States dental school with a stated intent to pursue Oral and Maxillofacial Surgery residency or related advanced training, who have been verified pursuant to Section 1.5.

3.2 Resident Account Features.

Users with Resident Accounts shall have access to Platform features designated by the Company for residency training purposes, including but not limited to (a) educational content, including Question of the Day, (b) case logging tools for operative and anesthesia cases, (c) personal analytics and performance dashboards, (d) gamification features including XP, leveling, streaks, and achievements, (e) leaderboards and rankings, (f) CODA graduation requirement tracking, (g) PDF case log export, and (h) Google Sheets backup. The Company reserves the right to modify the scope of Resident Account access at any time, with or without notice, in its sole discretion.

3.3 Attending and Retired Account Features.

Users with Attending Accounts and Retired Accounts shall have access to Platform features designated by the Company for practicing and retired Oral and Maxillofacial Surgeons, including but not limited to (a) educational content, including Question of the Day, (b) case logging tools, (c) personal analytics, and (d) gamification features. The Company reserves the right to modify the scope of Attending Account and Retired Account access at any time, with or without notice, in its sole discretion.

3.4 Program Director Designation.

Certain Users with Attending Accounts may be designated by the Company as Program Directors ("Program Director Accounts"). Program Director designation is made at the sole discretion of the Company and may require verification of the User's role as a program director of an accredited Oral and Maxillofacial Surgery residency program. The Company reserves the right to grant, deny, or revoke Program Director designation at any time, with or without notice, in its sole discretion.

3.5 Program Director Data Access.

Users with Program Director Accounts may have access to aggregated, de-identified data and analytics relating to Users with Resident Accounts who are affiliated with the Program Director's residency program ("Program Data"). Program Data is provided for program administration and educational oversight purposes only. Program Data is aggregated and de-identified and does not include individual User names, personal contact information, or other personally identifiable information. Program Directors shall not attempt to re-identify individual Users from Program Data. Individual Users retain control over their own personal case log data and analytics; such individual data is not accessible to Program Directors through the Platform and may only be shared by the individual User at the User's sole discretion (e.g., by generating a PDF export for in-person review). The Company makes no representations or warranties regarding the accuracy, completeness, or reliability of Program Data. The Company reserves the right to modify, suspend, or discontinue Program Director data access features at any time, with or without notice, in its sole discretion.

3.6 Dental Student Account Features.

Users with Dental Student Accounts shall have access to a subset of Platform features designated by the Company for individuals in dental school pursuing a career in Oral and Maxillofacial Surgery, including: (a) educational content, including the full interactive Question of the Day experience with streak tracking; (b) profile management, including display name, avatar selection, and notification preferences; (c) an in-app pathway to upgrade to a Resident Account upon commencing an Oral and Maxillofacial Surgery residency program (subject to NPI verification at that time); (d) opt-in notifications regarding future Platform features and content intended for dental students, which the User may enable or disable at any time through the Platform's notification settings; and (e) access to future mentorship and residency-pipeline features as they are released by the Company. Dental Student Accounts do not include access to: case logging tools; personal analytics or performance dashboards; gamification features beyond Question of the Day streak tracking; leaderboards and rankings; CODA graduation requirement tracking; PDF case log export; or Google Sheets backup. The Company reserves the right to modify the scope of Dental Student Account access at any time, with or without notice, in its sole discretion.

3.7 One Account Per User.

Each Eligible User may maintain only one (1) Account on the Platform at any given time. Users are prohibited from creating multiple simultaneous Accounts, creating Accounts on behalf of other individuals (except as expressly authorized by the Company), or allowing any other individual to access or use the User's Account. Any attempt to create multiple simultaneous Accounts or to circumvent Account restrictions may result in termination of all associated Accounts and permanent prohibition from the Platform.

3.8 Account Non-Transferability.

Accounts are personal to the User who created them and may not be sold, transferred, assigned, or otherwise conveyed to any other individual or entity. Any attempt to sell, transfer, assign, or convey an Account shall be void and may result in immediate termination of the Account.

3.9 Account Sharing Prohibited.

Users are prohibited from sharing their Account credentials, including username and password, with any other individual. Users are prohibited from allowing any other individual to access or use the Platform through the User's Account. The User is solely responsible for all activity that occurs under the User's Account, regardless of whether such activity was authorized by the User. Any unauthorized access to or use of an Account shall be deemed a breach of these Terms by the Account holder.

3.10 Profile Information.

Users may be required or permitted to provide profile information in connection with their Account, including but not limited to display name, avatar selection from the Platform's avatar gallery, institutional affiliation, PGY level, and other professional information ("Profile Information"). The User represents and warrants that all Profile Information provided is accurate, current, and complete. The User agrees to promptly update Profile Information to maintain its accuracy. The User is solely responsible for the content of the User's Profile Information and for any consequences arising from inaccurate, misleading, or inappropriate Profile Information. The Company reserves the right to remove or require modification of any Profile Information that the Company, in its sole discretion, determines to be inaccurate, misleading, inappropriate, or in violation of these Terms.

3.11 Leaderboard and Public Profile Visibility.

The User acknowledges and agrees that certain Profile Information, including but not limited to display name, avatar, level, experience points, and program affiliation, may be visible to other Users of the Platform through leaderboard and ranking features. The User consents to such visibility as a condition of using the Platform's leaderboard features. The Platform does not display the User's real name on leaderboards unless the User elects to use their real name as their display name. Users who do not wish their profile information to appear on leaderboards should contact the Company at [email protected].

3.12 Professional Representations.

By creating an Account and providing credential information, the User represents and warrants that (a) all credential information provided, including but not limited to NPI number, institutional affiliation, program enrollment status, licensure status, and professional role, is accurate and complete; (b) the User is authorized to use any credentials provided for verification purposes; (c) the User will promptly notify the Company of any changes to the User's credential status, including but not limited to graduation, completion of training, change of institutional affiliation, change of licensure status, or disciplinary action; and (d) the User will not misrepresent the User's professional credentials, qualifications, training, experience, or institutional affiliation at any time. Misrepresentation of professional credentials constitutes a material breach of these Terms and may result in immediate termination of the User's Account and permanent prohibition from the Platform, in addition to any other remedies available to the Company.

3.13 Credential Changes and Account Type Transitions.

Users whose credential status changes (e.g., a Resident who completes training and becomes an Attending, or a Retired practitioner who returns to active practice) are responsible for notifying the Company of such changes and for requesting an update to their Account type. Users are also obligated to notify the Company if they are no longer eligible for their current Account type, including but not limited to situations involving loss of licensure, dismissal from a training program, voluntary withdrawal from a training program, or disciplinary action affecting the User's ability to practice. The Company reserves the right to require re-verification of credentials in connection with any Account type transition. Until an Account type transition is completed and verified, the User's access to Platform features shall remain limited to those available under the User's existing Account type. The Company reserves the right to transition a User's Account type, suspend, or terminate an Account if the Company determines, in its sole discretion, that the User's credential status has changed or that the User no longer meets the eligibility requirements for the User's current Account type.

3.14 Periodic Re-Verification.

The Company may, in its sole discretion, require Users to periodically re-verify their credentials, professional status, and Account information. Without limiting the foregoing, the Company may implement an annual verification process requiring Users to confirm or update their credential information, including but not limited to NPI number, institutional affiliation, residency enrollment status, licensure status, practice status, and contact information. Users agree to respond promptly and truthfully to any re-verification request. Failure to complete a re-verification request within the timeframe specified by the Company may result in suspension or restriction of the User's Account until re-verification is completed. If re-verification reveals that a User no longer meets the eligibility requirements for the User's current Account type, the Company may, in its sole discretion, (a) transition the User's Account to an appropriate Account type, (b) suspend the User's Account pending resolution, or (c) terminate the User's Account. If re-verification reveals that a User provided false or misleading credential information, the Company may immediately terminate the User's Account and permanently prohibit the User from the Platform, in addition to any other remedies available to the Company. The Company reserves the right to verify User credentials at any time, not limited to periodic re-verification cycles, if the Company has reason to believe that a User's credential status has changed or that a User has provided inaccurate information.

4.1 General Conduct Standards.

The User agrees to use the Platform only for lawful purposes and in accordance with these Terms. The User agrees to conduct themselves in a professional manner consistent with the standards of the Oral and Maxillofacial Surgery profession. The User acknowledges that the Platform is a professional tool and that the User's conduct reflects upon the User, the Company, and the Oral and Maxillofacial Surgery profession as a whole. The Company reserves the right to determine, in its sole discretion, whether any User conduct violates these Terms or is otherwise inappropriate for the Platform.

4.2 Prohibited Content.

The User agrees not to post, upload, transmit, or otherwise make available on or through the Platform any content that:

(a) Contains Protected Health Information (PHI) or any patient-identifiable information, as described in Section 2.4;
(b) Is false, misleading, deceptive, or fraudulent;
(c) Misrepresents the User's identity, credentials, qualifications, institutional affiliation, or professional status;
(d) Infringes, misappropriates, or violates any third party's intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or rights of publicity or privacy;
(e) Is defamatory, libelous, or slanderous;
(f) Is obscene, pornographic, sexually explicit, or depicts nudity, except to the extent such content constitutes legitimate clinical or educational material presented in a professional context;
(g) Is harassing, threatening, intimidating, abusive, bullying, or constitutes stalking;
(h) Promotes or incites violence, hatred, discrimination, or harm against any individual or group based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic;
(i) Constitutes spam, unsolicited advertising, promotional material, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
(j) Contains viruses, malware, spyware, ransomware, trojan horses, worms, or any other malicious code or software designed to damage, disable, or interfere with the operation of any computer system, network, or the Platform;
(k) Violates any applicable federal, state, local, or international law, rule, or regulation;
(l) Violates any professional code of ethics, licensing requirement, or standard of conduct applicable to the User's profession;
(m) Encourages, promotes, or provides instructions for any illegal activity;
(n) Impersonates any person or entity, or falsely states or misrepresents the User's affiliation with any person or entity;
(o) Discloses confidential or proprietary information belonging to any third party without authorization;
(p) Contains false or misleading claims regarding any product, device, medication, treatment, or clinical practice;
(q) Solicits personal information from minors or is directed at individuals under the age of eighteen (18);
(r) Interferes with or disrupts the Platform or the servers or networks connected to the Platform; or
(s) Is otherwise objectionable, inappropriate, or harmful, as determined by the Company in its sole discretion.

4.3 Prohibited Activities.

The User agrees not to engage in any of the following activities in connection with the Platform:

(a) Using the Platform for any purpose other than its intended purpose as a professional educational and case tracking platform for the Oral and Maxillofacial Surgery community;
(b) Accessing or attempting to access any portion of the Platform, any Account, or any systems or networks connected to the Platform without authorization;
(c) Circumventing, disabling, or otherwise interfering with any security features of the Platform, including features that prevent or restrict copying, use, or access;
(d) Using any robot, spider, scraper, crawler, or other automated means to access the Platform or to collect, harvest, or extract any data or content from the Platform without the Company's prior written consent;
(e) Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, algorithms, or underlying structure of the Platform or any software used to provide the Platform;
(f) Copying, reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any content from the Platform, except as expressly permitted by these Terms or with the Company's prior written consent;
(g) Interfering with or disrupting the use and enjoyment of the Platform by other Users;
(h) Engaging in any activity that imposes an unreasonable or disproportionately large load on the Platform's infrastructure;
(i) Attempting to probe, scan, or test the vulnerability of the Platform or any related system or network, or to breach any security or authentication measures;
(j) Forging any TCP/IP packet header or any part of the header information in any email or posting, or otherwise manipulating identifiers to disguise the origin of any content transmitted through the Platform;
(k) Framing, mirroring, or otherwise incorporating any portion of the Platform into any other website, application, or service without the Company's prior written consent;
(l) Using the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform;
(m) Attempting to manipulate leaderboard rankings, experience points, achievements, streak data, or any other gamification metrics through fraudulent, automated, or otherwise illegitimate means;
(n) Creating case log entries containing fabricated, falsified, or intentionally inaccurate information for the purpose of inflating metrics or manipulating analytics;
(o) Using the Platform to engage in any form of anticompetitive behavior; or
(p) Assisting, encouraging, or enabling any other person or entity to engage in any of the foregoing prohibited activities.

4.4 Professional Conduct.

Given the professional nature of the Platform and its User base, Users are expected to conduct themselves in a manner consistent with the ethical and professional standards of the Oral and Maxillofacial Surgery profession. Without limiting any other provision of these Terms, Users agree to:

(a) Maintain the confidentiality of patient information at all times, both on and off the Platform;
(b) Not engage in conduct that would constitute a violation of any applicable professional code of ethics or licensing requirement;
(c) Not use the Platform to disparage, defame, or make false statements about colleagues, institutions, training programs, or professional organizations;
(d) Not use the Platform to engage in any form of professional misconduct;
(e) Report any conduct by other Users that may constitute a threat to patient safety or public health; and
(f) Ensure that all case log entries are properly de-identified and free of any patient-identifiable information.

4.5 No Duty to Monitor.

The Company has no obligation to monitor User conduct or User Content on the Platform. However, the Company reserves the right, but not the obligation, to monitor, review, edit, remove, or disable access to any User Content or User activity at any time, with or without notice, for any reason or no reason, in its sole discretion. The Company may, but is not obligated to, investigate any reported or suspected violation of these Terms.

4.6 Reporting Violations.

Users are encouraged to report any content or conduct that the User believes violates these Terms or is otherwise inappropriate. Reports may be submitted by contacting the Company at [email protected]. The Company will review reports in good faith but is not obligated to take any particular action in response to any report. The Company will not disclose the identity of reporting Users except as may be required by law.

4.7 Consequences of Violations.

The Company reserves the right, in its sole discretion, to take any action it deems appropriate in response to any violation or suspected violation of this Section 4 or any other provision of these Terms, including but not limited to:

(a) Issuing a warning to the User;
(b) Removing, editing, or disabling access to any content that violates these Terms;
(c) Temporarily suspending the User's access to the Platform or to specific features of the Platform;
(d) Permanently terminating the User's Account and prohibiting the User from creating new Accounts;
(e) Reporting the User's conduct to law enforcement authorities, regulatory agencies, licensing boards, or other appropriate authorities;
(f) Pursuing civil remedies, including but not limited to injunctive relief and monetary damages; and
(g) Taking any other action the Company deems necessary or appropriate to protect the Platform, its Users, or third parties.

The Company may take any of the foregoing actions without prior notice to the User. The Company's decision to take or not take any particular action shall not constitute a waiver of its right to take such action in the future with respect to the same or similar conduct by the same or different Users. The User acknowledges that the Company's enforcement of these Terms may not be uniform and that the Company may exercise its discretion in determining whether and how to respond to any particular violation.

5.1 Definition of User Content.

For purposes of these Terms, "User Content" means any content that a User posts, uploads, submits, transmits, or otherwise makes available on or through the Platform, including but not limited to (a) case log entries and associated notes; (b) Profile Information, including display name and avatar selection; (c) feedback, suggestions, and reviews; (d) responses to Question of the Day features; and (e) any other content, data, text, or materials submitted by a User to the Platform.

5.2 Private Nature of Case Logs.

The User acknowledges and agrees that case log entries are private to the User's Account. Case log data is not shared with, visible to, or accessible by other Users except (a) in aggregated, de-identified form as part of Program Data accessible to Program Directors pursuant to Section 3.5, and (b) in aggregated, de-identified form as part of leaderboard metrics (e.g., total case counts contributing to experience points). Individual case log entries, including CPT codes, ICD codes, dates, anatomical locations, and notes, are not displayed to any other User.

5.3 User Retains Ownership.

As between the User and the Company, the User retains ownership of any intellectual property rights the User holds in User Content that the User creates and submits to the Platform. These Terms do not transfer ownership of User Content from the User to the Company. However, by submitting User Content to the Platform, the User grants the Company the licenses described in Section 5.4.

5.4 License Grant to Company.

By posting, uploading, submitting, transmitting, or otherwise making available any User Content on or through the Platform, the User grants to the Company a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, store, and otherwise exploit such User Content, in whole or in part, in any form, format, media, or technology now known or hereafter developed, for any purpose, including but not limited to (a) operating, providing, improving, and promoting the Platform; (b) developing new products, features, and services; (c) conducting analytics and research using aggregated, de-identified data; (d) generating Program Data for Program Directors as described in Section 3.5; and (e) any other purpose related to the Company's business. The User acknowledges that this license continues even if the User stops using the Platform or deletes the User's Account, with respect to User Content that was incorporated into aggregated data or otherwise processed prior to such cessation or deletion.

5.5 User Representations and Warranties Regarding User Content.

By posting, uploading, submitting, transmitting, or otherwise making available any User Content on or through the Platform, the User represents and warrants that:

(a) The User is the creator and owner of the User Content or has all necessary rights, licenses, consents, and permissions to submit the User Content to the Platform and to grant the licenses set forth in Section 5.4;
(b) The User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, rights of publicity, rights of privacy, or any other proprietary or personal rights;
(c) The User Content does not and will not violate any applicable federal, state, local, or international law, rule, or regulation;
(d) The User Content does not and will not violate any provision of these Terms, including but not limited to Section 4 (Acceptable Use Policy);
(e) The User Content does not contain any Protected Health Information (PHI) or patient-identifiable information;
(f) The User Content is not false, misleading, deceptive, or fraudulent;
(g) The User Content does not contain any viruses, malware, or other malicious code; and
(h) The posting of the User Content does not violate any contract, agreement, or duty the User owes to any third party, including but not limited to any confidentiality agreement, employment agreement, or non-disclosure agreement.

5.6 Right to Remove User Content.

The Company reserves the right, but not the obligation, to monitor, review, edit, remove, disable access to, or refuse to post any User Content at any time, with or without notice, for any reason or no reason, in its sole discretion. Without limiting the foregoing, the Company may remove or disable access to any User Content that the Company, in its sole discretion, determines (a) violates these Terms, (b) violates any applicable law or regulation, (c) may create liability for the Company, (d) may harm the reputation of the Company or the Platform, (e) may harm other Users or third parties, (f) contains or may contain Protected Health Information or patient-identifiable information, or (g) is otherwise objectionable or inappropriate. The Company shall not be liable to the User or any third party for any removal, editing, or refusal to post any User Content.

5.7 No Obligation to Maintain User Content.

The Company has no obligation to store, maintain, or provide the User with a copy of any User Content. The User is solely responsible for creating and maintaining backup copies of any User Content the User submits to the Platform, including through the Platform's optional Google Sheets backup feature or PDF export functionality. The Company shall not be liable for any loss, deletion, or corruption of User Content, regardless of the cause.

5.8 Feedback.

If the User provides the Company with any feedback, suggestions, ideas, comments, or other input regarding the Platform or the Company's products or services ("Feedback"), the User acknowledges and agrees that (a) the Feedback is not confidential and the Company has no confidentiality obligations with respect to the Feedback; (b) the Company may already be considering or developing similar ideas or features; (c) the Company may use, disclose, reproduce, distribute, and otherwise exploit the Feedback for any purpose without restriction, attribution, or compensation to the User; and (d) the User irrevocably assigns to the Company all right, title, and interest in and to the Feedback, including all intellectual property rights therein.

5.9 Copyright Infringement and DMCA Compliance.

The Company respects the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the Company will respond to notices of alleged copyright infringement that comply with the DMCA and are properly submitted to the Company.

(a) DMCA Takedown Notice. If any person believes that any content on the Platform infringes their copyright, they may submit a written notification to the Company containing the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
(iv) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and email address;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Counter-Notification. If a User believes that content that was removed or to which access was disabled is not infringing, or that the User has authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the material, the User may submit a written counter-notification to the Company containing the following information:

(i) The User's physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of the federal court for the judicial district in which the User's address is located, or if the User's address is outside of the United States, for any judicial district in which the Company may be found, and that the User will accept service of process from the person who provided the original DMCA notification or an agent of such person.

(c) DMCA Process. Upon receipt of a valid DMCA takedown notice, the Company will remove or disable access to the allegedly infringing material and notify the User who posted the material. Upon receipt of a valid counter-notification, the Company will forward the counter-notification to the original complaining party and inform them that the removed material may be restored in ten (10) to fourteen (14) business days unless the Company receives notice that the complaining party has filed a court action seeking to restrain the User from engaging in the allegedly infringing activity.

(d) Submission of Notices; Designated Agent. The Company's designated agent for receipt of DMCA takedown notices and counter-notifications is:

WYZZIE LLC
Attn: DMCA Agent
Email: [email protected]

The Company reserves the right to update the contact information for DMCA notices at any time by posting updated information on the Platform.

(e) Repeat Infringers. The Company reserves the right, in its sole discretion, to terminate the Account of any User who is determined to be a repeat infringer of copyrights.

5.10 User Content Disclaimer.

THE USER ACKNOWLEDGES AND AGREES THAT ALL USER CONTENT IS THE SOLE RESPONSIBILITY OF THE USER WHO POSTED IT. THE COMPANY DOES NOT ENDORSE, VERIFY, OR ADOPT ANY USER CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, LEGALITY, QUALITY, SAFETY, OR APPROPRIATENESS OF ANY USER CONTENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN USER CONTENT OR FOR ANY LOSS OR DAMAGE ARISING FROM THE USER'S USE OF OR RELIANCE ON USER CONTENT.

6.1 Gamification Features.

The Platform includes gamification features designed to encourage consistent engagement with educational and case logging tools. These features include, but are not limited to, experience points (XP) earned through case logging and educational activities, a leveling system based on accumulated XP, streak tracking for consecutive days of Platform engagement, and achievements unlocked upon reaching specified milestones. Gamification metrics are intended to motivate professional development and are not a measure of clinical competence, quality of care, or professional standing.

6.2 Leaderboards and Rankings.

The Platform may display leaderboards and rankings that compare Users based on experience points, case counts, and other gamification metrics. Leaderboard data may be filterable by PGY level, program affiliation, and time window. The User acknowledges and agrees that:

(a) Participation in leaderboards is a feature of the Platform and certain Profile Information (display name, avatar, level, XP, program affiliation) will be visible to other Users through leaderboard features;
(b) Leaderboard rankings are based solely on gamification metrics and do not reflect or purport to reflect clinical skill, quality of care, professional competence, or any other professional qualification;
(c) The Company makes no representations or warranties regarding the accuracy, completeness, or fairness of leaderboard rankings;
(d) The Company reserves the right to modify the metrics, algorithms, display, or availability of leaderboard features at any time without notice; and
(e) Any attempt to manipulate leaderboard rankings through fraudulent or illegitimate means constitutes a violation of these Terms.

6.3 No Professional Endorsement.

Gamification metrics, including XP, levels, streaks, achievements, and leaderboard rankings, are designed solely for motivational and engagement purposes. These metrics do not constitute an endorsement, certification, accreditation, or evaluation by the Company of any User's clinical skills, professional competence, or quality of care. The Company makes no representations or warranties that gamification metrics correlate with or are indicative of clinical ability, training quality, or professional standing. Users shall not represent or imply that gamification metrics reflect any professional certification or endorsement by the Company.

6.4 Personal Analytics.

The Platform provides personal analytics features that display data derived from the User's case log entries, including but not limited to case trends, category mastery indicators, and learning curve visualizations. Personal analytics data is derived solely from the User's own case log entries and is visible only to the User. The Company makes no representations or warranties regarding the accuracy, completeness, or clinical significance of personal analytics data. Analytics data is provided for informational and self-assessment purposes only and does not constitute clinical guidance, evaluation, or recommendation.

6.5 CODA Tracking.

The Platform may provide tools enabling Users to track their progress toward CODA graduation requirements. CODA tracking features are provided as a convenience and do not replace the User's obligation to verify graduation requirements directly with the User's program and CODA. The Company makes no representations or warranties that CODA tracking data is accurate, complete, or up-to-date with current CODA requirements. The User is solely responsible for confirming all graduation requirements through official channels. The Company shall not be liable for any consequences arising from the User's reliance on the Platform's CODA tracking features.

6.6 Question of the Day.

The Platform may provide a daily educational question feature ("Question of the Day" or "QOTD") for board preparation purposes. QOTD content is provided for educational and informational purposes only. The Company makes no representations or warranties regarding the accuracy, completeness, or relevance of QOTD content to any particular examination. QOTD content does not constitute a guarantee of examination performance. The User's performance on QOTD features does not constitute an assessment or prediction of the User's clinical knowledge or examination readiness.

7.1 Platform Content Defined.

In addition to User Content, the Platform contains content created, developed, compiled, or provided by the Company, including but not limited to (a) educational materials and reference resources; (b) Question of the Day content and related educational questions; (c) CPT code descriptions, ICD code descriptions, and other medical coding reference data; (d) CODA requirement data and tracking tools; (e) Platform documentation, FAQs, help articles, and instructional materials; and (f) any other content created or provided by the Company that is not User Content (collectively, "Platform Content"). For the avoidance of doubt, Platform Content does not include Sponsored Content, which is governed by Section 9.

7.2 Ownership of Platform Content.

All Platform Content is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws of the United States and other jurisdictions. The Company reserves all rights in and to Platform Content not expressly granted to Users in these Terms.

7.3 License to Users.

Subject to the User's compliance with these Terms, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view Platform Content solely for the User's personal, non-commercial, educational purposes in connection with the User's use of the Platform. This license does not include the right to:

(a) Copy, reproduce, distribute, publish, display, or transmit Platform Content, in whole or in part, except as expressly permitted by the Platform's functionality (e.g., PDF export features);
(b) Modify, adapt, translate, create derivative works from, or otherwise alter Platform Content;
(c) Sell, license, rent, lease, or otherwise commercialize Platform Content or access thereto;
(d) Use Platform Content for any commercial purpose, including but not limited to incorporation into any product, service, publication, or presentation offered for sale or commercial distribution;
(e) Remove, obscure, or alter any copyright notice, trademark notice, or other proprietary notice contained in or on Platform Content;
(f) Use Platform Content to develop, train, or improve any artificial intelligence, machine learning, or similar system or technology;
(g) Systematically download, store, or archive Platform Content; or
(h) Use Platform Content in any manner that infringes, misappropriates, or violates the intellectual property rights or other rights of the Company or any third party.

7.4 AI-Assisted Content.

The User acknowledges that certain Platform Content, including but not limited to educational questions and reference materials, may be developed with the assistance of artificial intelligence tools. All such content is reviewed, edited, and verified by qualified human personnel before publication on the Platform. The Company does not publish AI-generated content that has not undergone human review and verification. Notwithstanding the foregoing, the disclaimers and limitations set forth in Section 7.6 and Section 2.3 apply to all Platform Content, regardless of whether AI tools were used in its development.

7.5 Modification and Availability.

The Company reserves the right, in its sole discretion, to modify, update, correct, supplement, or remove any Platform Content at any time, with or without notice. The Company does not guarantee that any particular Platform Content will be available at any particular time or that Platform Content will remain available indefinitely. The Company shall not be liable to the User or any third party for any modification, suspension, or discontinuation of any Platform Content.

7.6 Platform Content Disclaimer.

PLATFORM CONTENT IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE COMPANY MAKES REASONABLE EFFORTS TO ENSURE THE ACCURACY AND QUALITY OF PLATFORM CONTENT; HOWEVER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR SUITABILITY OF ANY PLATFORM CONTENT FOR ANY PARTICULAR PURPOSE. PLATFORM CONTENT MAY CONTAIN ERRORS, OMISSIONS, OR OUTDATED INFORMATION. THE USER IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY PLATFORM CONTENT AND FOR ANY DECISIONS OR ACTIONS TAKEN BASED ON PLATFORM CONTENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN PLATFORM CONTENT OR FOR ANY LOSS OR DAMAGE ARISING FROM THE USER'S USE OF OR RELIANCE ON PLATFORM CONTENT.

7.7 Not Medical Advice.

Without limiting Section 2.3, Platform Content is not intended to constitute medical advice, clinical guidance, treatment recommendations, or a substitute for professional judgment. Platform Content is intended solely for educational purposes and to support the professional development of Users. Users should not rely on Platform Content for clinical decision-making and should always exercise independent professional judgment in patient care. The provisions of Section 2.3 are incorporated herein by reference and apply fully to all Platform Content.

7.8 No Continuing Education Credit.

Unless expressly stated otherwise with respect to specific content, Platform Content is not accredited for continuing education credit, board certification maintenance, or any other professional certification or credentialing purpose. The Company makes no representations regarding the suitability of Platform Content for satisfying any continuing education, certification, or licensure requirements.

7.9 Feedback on Platform Content.

If the User identifies any errors, omissions, or inaccuracies in Platform Content, the User is encouraged to report such issues to the Company at [email protected]. The Company appreciates such feedback but is not obligated to take any action in response thereto. Any feedback provided shall be subject to Section 5.8 (Feedback).

8.1 Third-Party Links.

The Platform may contain links, references, or connections to third-party websites, applications, services, resources, or content that are not owned or controlled by the Company ("Third-Party Links"). The inclusion of any Third-Party Link on the Platform does not imply any affiliation, endorsement, approval, or recommendation by the Company of the linked website, application, service, resource, or its operator.

8.2 No Control Over Third-Party Content.

The Company has no control over, and assumes no responsibility for, the content, products, services, privacy policies, terms of use, practices, availability, accuracy, legality, or opinions expressed on or through any third-party website, application, service, or resource accessed through Third-Party Links. Third-party websites and services are governed by their own terms and policies, not by these Terms. The Company does not monitor, review, verify, or endorse third-party content and is not responsible for any changes or updates to third-party websites or services.

8.3 User Assumes Risk.

The User acknowledges and agrees that access to and use of any third-party website, application, service, or resource through Third-Party Links is at the User's own risk. The User is solely responsible for:

(a) Evaluating the trustworthiness, accuracy, and appropriateness of any third-party content;
(b) Reviewing and understanding the terms of use, privacy policies, and other policies of any third-party website or service before using such website or service;
(c) Protecting the User's personal information when interacting with third-party websites or services;
(d) Any transactions, purchases, or agreements entered into with third parties; and
(e) Any consequences arising from the User's use of or reliance on third-party websites, services, or content.

8.4 No Liability for Third-Party Links.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, OR INJURY ARISING FROM OR RELATED TO THE USER'S ACCESS TO OR USE OF ANY THIRD-PARTY WEBSITE, APPLICATION, SERVICE, RESOURCE, OR CONTENT THROUGH THIRD-PARTY LINKS, INCLUDING BUT NOT LIMITED TO ANY ERRORS, OMISSIONS, OR INACCURACIES IN THIRD-PARTY CONTENT; ANY OFFENSIVE, HARMFUL, OR OBJECTIONABLE CONTENT ON THIRD-PARTY WEBSITES OR SERVICES; ANY VIRUSES, MALWARE, OR OTHER HARMFUL CODE ENCOUNTERED ON THIRD-PARTY WEBSITES OR SERVICES; ANY PRIVACY VIOLATIONS OR DATA BREACHES BY THIRD PARTIES; OR ANY OTHER ASPECT OF THE USER'S INTERACTION WITH THIRD-PARTY WEBSITES, SERVICES, OR CONTENT.

8.5 Removal of Third-Party Links.

The Company reserves the right, but not the obligation, to remove, disable, or refuse to display any Third-Party Link at any time, with or without notice, for any reason, in its sole discretion.

9.1 Sponsored Content Defined.

For purposes of these Terms, "Sponsored Content" means any content displayed on or through the Platform for which the Company receives compensation or other consideration from a third party ("Sponsor"), including but not limited to:

(a) Banner advertisements and display advertising;
(b) Sponsored features, such as Question of the Day content displaying Sponsor branding;
(c) Sponsored dashboard cards and announcements;
(d) Sponsor logos, trademarks, and brand identifiers;
(e) Promotional materials and product information; and
(f) Any other content for which the Company receives compensation or other consideration from a third party.

Sponsored Content is distinct from Platform Content (Section 7) and User Content (Section 5).

9.2 Identification of Sponsored Content.

The Company will identify Sponsored Content through labeling such as "Sponsored," "Advertisement," "Promoted," "Presented by [Sponsor Name]," or similar designations. The User acknowledges and agrees that such labeling constitutes adequate disclosure of the sponsored nature of the content.

9.3 Sponsor Relationships.

The Company may enter into agreements with Sponsors regarding the display of Sponsored Content on the Platform. The terms of such agreements are between the Company and the respective Sponsor and are not disclosed to Users. The Company reserves the right, in its sole discretion, to (a) accept or reject any Sponsor or Sponsored Content; (b) determine the placement, frequency, duration, and format of Sponsored Content; (c) remove or modify any Sponsored Content at any time, with or without notice; and (d) terminate any Sponsor relationship at any time, for any reason. The Company's acceptance of Sponsored Content does not constitute an endorsement of the Sponsor or any products or services offered by the Sponsor.

9.4 No Endorsement of Sponsors or Sponsored Content.

The Company does not endorse, verify, or adopt any Sponsored Content, including but not limited to any claims, representations, or statements made therein. The Company makes no representations or warranties regarding:

(a) The accuracy, completeness, or truthfulness of any claims or representations in Sponsored Content;
(b) The safety, efficacy, quality, or legality of any products or services featured in Sponsored Content;
(c) The qualifications, credentials, or reputation of any Sponsor;
(d) The compliance of any Sponsor or Sponsored Content with applicable laws, regulations, or professional standards;
(e) The suitability of any product or service featured in Sponsored Content for any clinical application; or
(f) Any other aspect of any Sponsor or Sponsored Content.

9.5 Editorial Independence.

Notwithstanding the presence of Sponsored Content on the Platform, all Platform Content is created, selected, edited, and controlled solely by the Company or its independent contributors, without input from Sponsors. The provisions of Section 2.9 (Sponsored Educational Content; Editorial Independence) are incorporated herein by reference. Sponsors do not have access to Platform Content prior to publication and do not have the ability to influence, modify, or approve such content.

9.6 User Engagement with Sponsored Content.

Users who engage with Sponsored Content or the products or services featured therein do so at their own risk and subject to the terms and policies of the respective Sponsor. The Company is not a party to any transaction between a User and a Sponsor. The Company shall not be liable for:

(a) Any products or services purchased from or provided by any Sponsor;
(b) Any information contained in Sponsored Content;
(c) The privacy practices of any Sponsor;
(d) Any representations or warranties made by any Sponsor;
(e) Any customer service issues with any Sponsor; or
(f) Any other aspect of the User's engagement with any Sponsor or Sponsored Content.

9.7 Third-Party Links in Sponsored Content.

Sponsored Content may contain links to third-party websites, applications, or resources ("Sponsor Links"). The inclusion of Sponsor Links does not constitute an endorsement by the Company of the linked website, application, or resource. The Company has no control over, and assumes no responsibility for, any third-party website, application, or resource accessed through Sponsor Links. The provisions of Section 8 (Third-Party Links and Resources) apply to all Sponsor Links.

9.8 Off-Label Information.

Some Sponsored Content may contain information regarding off-label uses of drugs, devices, or other medical products. The Company does not endorse or recommend any off-label use of any product. Users are solely responsible for evaluating the appropriateness of any off-label information and for exercising independent professional judgment regarding any clinical application.

9.9 Reporting Concerns About Sponsored Content.

Users who have concerns about any Sponsored Content are encouraged to report such concerns to the Company at [email protected]. The Company will review such reports in good faith but is not obligated to take any particular action in response to any report. The Company may, in its sole discretion, remove or modify any Sponsored Content at any time.

9.10 Sponsored Content Disclaimer.

SPONSORED CONTENT IS PROVIDED BY THIRD-PARTY SPONSORS AND NOT BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, EFFICACY, LEGALITY, OR SUITABILITY OF ANY SPONSORED CONTENT OR ANY PRODUCTS OR SERVICES FEATURED THEREIN. THE USER'S ENGAGEMENT WITH SPONSORED CONTENT AND ANY PRODUCTS OR SERVICES FEATURED THEREIN IS AT THE USER'S OWN RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USER'S ENGAGEMENT WITH SPONSORED CONTENT OR ANY PRODUCTS OR SERVICES FEATURED THEREIN.

10.1 Privacy Policy.

The Company's collection, use, storage, disclosure, and protection of personal information is governed by the Company's Privacy Policy, which is available at wyzzie.com/privacy and is incorporated into these Terms by reference. By accessing or using the Platform, the User acknowledges that the User has read, understood, and agrees to be bound by the Privacy Policy. The User agrees to review the Privacy Policy periodically for updates. In the event of any conflict between these Terms and the Privacy Policy, these Terms shall control with respect to the User's use of the Platform, and the Privacy Policy shall control with respect to the Company's data practices.

10.2 Information Collected.

As described in the Privacy Policy, the Company may collect various types of information from Users in connection with the Platform, including but not limited to (a) information provided by the User during Account registration and profile creation; (b) credential and verification information, such as NPI numbers and institutional affiliations; (c) User Content submitted to the Platform; (d) usage data and analytics regarding the User's interactions with the Platform, collected through PostHog and other analytics tools; (e) device information and technical data, including crash reports collected through Firebase Crashlytics; (f) push notification tokens; and (g) other information as described in the Privacy Policy. By using the Platform, the User consents to the collection, use, and disclosure of such information as set forth in the Privacy Policy.

10.3 Product Analytics and Session Replay.

The Platform uses PostHog, a third-party product analytics service, to collect usage data including but not limited to screen views, feature usage patterns, session duration, and session replays. Session replays record the User's interactions with the Platform interface for the purpose of improving user experience and identifying technical issues. Text content and images within session replays are automatically masked to protect User privacy. The User consents to the collection of such analytics data as a condition of using the Platform. For more information about what data is collected and how it is used, please refer to the Privacy Policy.

10.4 Feature Flags and Surveys.

The Platform may use feature flags to control the availability of specific features or to conduct A/B testing of engagement experiments. The Platform may also collect User feedback through in-app feedback forms or email. The User acknowledges that feature availability may vary between Users as part of controlled experiments and that feedback submitted may be collected and analyzed by the Company to improve the Platform.

10.5 Google Sheets Backup.

The Platform offers an optional feature enabling Users to authorize automated backup of their case log data to a Google Sheets spreadsheet in the User's own Google Drive account. Activation of this feature requires the User to authorize the Platform to access the User's Google Drive through Google's OAuth authorization process. Case log data backed up through this feature is stored in the User's own Google Drive account and is subject to Google's terms of service and privacy policy, not the Company's. The Company does not access, read, or control the User's Google Drive data beyond writing case log backup entries as authorized by the User. The User may revoke this authorization at any time through the User's Google Account settings. The Company shall not be liable for any loss, corruption, or unauthorized access to data stored in the User's Google Drive account.

10.6 Data Retention.

The Company retains User data in accordance with the Privacy Policy and applicable law. The User acknowledges that data retention periods may vary based on the type of data, the Company's operational needs, legal requirements, and other factors. Upon termination or deletion of a User's Account, the Company may retain certain data as permitted or required by law or as necessary to comply with legal obligations, resolve disputes, enforce agreements, or for other legitimate business purposes. The specific data retention practices are set forth in the Privacy Policy.

10.7 Data Security.

The Company implements reasonable administrative, technical, and physical safeguards designed to protect User data from unauthorized access, use, alteration, or disclosure. However, no method of transmission over the internet or method of electronic storage is completely secure. The Company cannot guarantee the absolute security of User data and shall not be liable for any unauthorized access to, use of, or disclosure of User data, except to the extent such liability cannot be limited under applicable law. Users are responsible for maintaining the confidentiality of their Account credentials and for any activity that occurs under their Accounts.

10.8 Prohibition on Protected Health Information.

AS SET FORTH IN SECTION 2.4, THE PLATFORM IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR THE COLLECTION, STORAGE, PROCESSING, OR TRANSMISSION OF PROTECTED HEALTH INFORMATION ("PHI") AS DEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AS AMENDED ("HIPAA"), OR ANY OTHER PATIENT-IDENTIFIABLE HEALTH INFORMATION. THE PLATFORM IS NOT A HIPAA-COMPLIANT SERVICE. THE COMPANY DOES NOT ENTER INTO BUSINESS ASSOCIATE AGREEMENTS ("BAAs") WITH USERS OR ANY OTHER PARTIES IN CONNECTION WITH THE PLATFORM. USERS ARE STRICTLY PROHIBITED FROM ENTERING, UPLOADING, TRANSMITTING, OR OTHERWISE DISCLOSING ANY PHI OR PATIENT-IDENTIFIABLE INFORMATION ON OR THROUGH THE PLATFORM.

The provisions of Section 2.4 are incorporated herein by reference and apply fully to all use of the Platform.

10.9 Case Logging and De-Identification.

The Platform's case logging features are designed to enable Users to record de-identified case information for personal educational and professional development purposes. Users are solely responsible for ensuring that all information entered into case logs is properly de-identified and does not contain PHI or patient-identifiable information. De-identified information, as used herein, means information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual. Users should not enter any of the following into case logs or any other area of the Platform: patient names, medical record numbers, dates of birth, Social Security numbers, addresses, telephone numbers, email addresses, photographs or images depicting identifiable patients, or any other information that could reasonably be used to identify a specific patient. The Company does not verify that case log entries are properly de-identified and assumes no responsibility for any PHI or patient-identifiable information entered by Users in violation of these Terms.

10.10 User Responsibility for Compliance.

Each User is solely responsible for the User's own compliance with all applicable privacy and data protection laws, regulations, and professional standards, including but not limited to HIPAA, state privacy laws, and professional codes of ethics. The Company does not provide legal advice regarding privacy compliance. Users who are uncertain about their obligations under applicable privacy laws should consult with qualified legal counsel. The Company shall not be liable for any User's violation of HIPAA, state privacy laws, or any other applicable privacy or data protection requirements.

10.11 Liability for PHI Violations.

Without limiting Section 2.4 or Section 15 (Indemnification), any User who enters, uploads, transmits, or otherwise discloses PHI or patient-identifiable information on or through the Platform in violation of these Terms shall be solely liable for any and all consequences arising therefrom, including but not limited to (a) regulatory investigations, fines, penalties, and enforcement actions; (b) civil claims and lawsuits by affected patients or other parties; (c) professional licensing consequences; (d) remediation and notification costs; and (e) any and all costs, expenses, damages, losses, settlements, judgments, and reasonable attorneys' fees incurred by the Company as a result of such violation. The User agrees to indemnify, defend, and hold harmless the Company in accordance with Section 15 for any claims, damages, or losses arising from the User's violation of this Section 10 or Section 2.4.

10.12 Children's Privacy.

The Platform is not intended for individuals under the age of eighteen (18), and the Company does not knowingly collect personal information from individuals under the age of eighteen (18). If the Company becomes aware that it has collected personal information from an individual under the age of eighteen (18), the Company will take steps to delete such information and terminate the associated Account. If a User believes that the Company has collected information from an individual under the age of eighteen (18), the User should contact the Company immediately at [email protected].

10.13 International Users.

The Platform is operated from the United States and is intended for use by Users located in the United States. If a User accesses the Platform from outside the United States, the User acknowledges and agrees that the User's information may be transferred to, stored in, and processed in the United States, where data protection laws may differ from those in the User's country of residence. By using the Platform, the User consents to such transfer, storage, and processing of the User's information in the United States.

10.14 Privacy Disclaimer.

THE COMPANY MAKES REASONABLE EFFORTS TO PROTECT USER DATA; HOWEVER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SECURITY, CONFIDENTIALITY, OR INTEGRITY OF USER DATA. THE USER ACKNOWLEDGES THAT NO DATA TRANSMISSION OVER THE INTERNET OR DATA STORAGE SYSTEM CAN BE GUARANTEED TO BE 100% SECURE. THE COMPANY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, USE OF, OR DISCLOSURE OF USER DATA, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW. THE USER'S USE OF THE PLATFORM AND SUBMISSION OF DATA TO THE PLATFORM IS AT THE USER'S OWN RISK.

11.1 Company Intellectual Property.

The Platform, including but not limited to its design, structure, selection, coordination, expression, look and feel, and arrangement of content, and all software, code, text, images, graphics, logos, icons, photographs, audio, video, data compilations, and other materials contained therein (collectively, "Company IP"), is owned by the Company or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and other jurisdictions. Except for the limited licenses expressly granted to Users in these Terms, the Company and its licensors reserve all right, title, and interest in and to the Company IP.

11.2 Trademarks.

"WYZZIE," the Wyzzie logo, and any other product or service names, slogans, logos, or other identifiers used on the Platform (collectively, "Company Marks") are trademarks or service marks of the Company or its licensors. The User is granted no right or license to use any Company Marks without the prior written consent of the Company. The User agrees not to use, copy, reproduce, modify, or display any Company Marks in any manner without the Company's prior written consent. All other trademarks, service marks, and logos appearing on the Platform are the property of their respective owners, and their appearance on the Platform does not constitute an endorsement by or affiliation with the Company.

11.3 Copyright.

All content on the Platform, including but not limited to Platform Content, text, graphics, images, photographs, illustrations, audio, video, software, code, and data compilations, is the property of the Company or its licensors and is protected by United States and international copyright laws. The compilation, organization, and display of content on the Platform is the exclusive property of the Company and is protected by copyright laws. Unauthorized copying, reproduction, distribution, modification, display, performance, or other use of any content on the Platform is strictly prohibited and may violate copyright, trademark, and other laws.

11.4 Trade Dress.

The visual design, layout, look and feel, color schemes, graphics, and overall appearance of the Platform constitute the trade dress of the Company and are protected by United States and international intellectual property laws. The User agrees not to copy, imitate, or otherwise use the Platform's trade dress without the prior written consent of the Company.

11.5 Limited License to Users.

Subject to the User's compliance with these Terms, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for the User's personal, non-commercial, educational, and professional purposes as intended by the Platform's functionality. This license does not include the right to:

(a) Modify, copy, reproduce, distribute, publish, display, perform, transmit, or create derivative works from any Company IP, except as expressly permitted by the Platform's functionality;
(b) Use any Company IP for any commercial purpose without the prior written consent of the Company;
(c) Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on any Company IP;
(d) Use any data mining, robots, scraping, or similar data gathering or extraction methods on any Company IP;
(e) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of any software or technology used in the Platform;
(f) Frame, mirror, or otherwise incorporate any portion of the Platform into any other website, application, or service;
(g) Use any Company IP to develop, train, or improve any artificial intelligence, machine learning, or similar system or technology; or
(h) Use any Company IP in any manner that infringes, misappropriates, or violates the intellectual property rights of the Company or any third party.

11.6 Reservation of Rights.

All rights not expressly granted to the User in these Terms are reserved by the Company. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company IP except as expressly set forth herein. The Company may revoke the licenses granted herein at any time, with or without cause, by providing notice to the User or by terminating the User's Account.

11.7 User Feedback and Suggestions.

As set forth in Section 5.8 (Feedback), any feedback, suggestions, ideas, or other input provided by the User to the Company regarding the Platform or Company IP becomes the property of the Company. The User irrevocably assigns to the Company all right, title, and interest in and to such feedback, including all intellectual property rights therein.

11.8 Reporting Intellectual Property Infringement.

The Company respects the intellectual property rights of others. If the User believes that any content on the Platform infringes the User's copyright or other intellectual property rights, the User may submit a notice in accordance with Section 5.9 (Copyright Infringement and DMCA Compliance) or by contacting the Company at [email protected].

11.9 Intellectual Property Disclaimer.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM OR ANY COMPANY IP DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT ARISING FROM THE USER'S USE OF THE PLATFORM, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.

12.1 Educational and Informational Purposes Only.

The Platform and all content available thereon, including but not limited to Platform Content, User Content, Sponsored Content, educational materials, Question of the Day features, analytics data, CODA tracking data, and any other information or materials (collectively, "Platform Materials"), are provided solely for general educational and informational purposes. Platform Materials are intended to support the professional development, board preparation, and case tracking of members of the Oral and Maxillofacial Surgery community. Platform Materials are not intended to be comprehensive, definitive, or a substitute for professional training, formal education, or clinical experience.

12.2 Not Medical Advice.

PLATFORM MATERIALS DO NOT CONSTITUTE MEDICAL ADVICE, CLINICAL GUIDANCE, DIAGNOSIS, TREATMENT RECOMMENDATIONS, OR A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A QUALIFIED HEALTHCARE PROVIDER. NOTHING ON THE PLATFORM SHOULD BE CONSTRUED AS AN ATTEMPT TO OFFER OR RENDER A MEDICAL OPINION, TO ENGAGE IN THE PRACTICE OF MEDICINE, OR TO PROVIDE SPECIFIC MEDICAL ADVICE FOR ANY INDIVIDUAL PATIENT OR CLINICAL SITUATION. THE COMPANY IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL SERVICES.

12.3 No Provider-Patient Relationship.

Use of the Platform does not create a provider-patient relationship between any User and any other User, between any User and the Company, or between any User and any contributor to the Platform. No information exchanged on the Platform, whether through educational content, case log data, analytics, or any other means, establishes a provider-patient relationship or creates any duty of care. Users who seek medical advice or treatment should consult directly with a qualified healthcare provider.

12.4 Professional Judgment Required.

Users who are healthcare professionals acknowledge and agree that:

(a) All clinical decisions are the sole responsibility of the treating provider and must be based on the provider's independent professional judgment, clinical training, experience, and evaluation of the individual patient;
(b) Platform Materials are intended to supplement, not replace, the User's professional judgment, formal training, institutional protocols, and the applicable standard of care;
(c) Platform Materials may not reflect the most current research, guidelines, techniques, or standards of practice;
(d) Platform Materials may contain errors, omissions, or outdated information;
(e) Clinical practice varies based on patient-specific factors, institutional resources, geographic considerations, and other variables that cannot be fully addressed in general educational materials;
(f) The User is solely responsible for verifying the accuracy, appropriateness, and applicability of any information obtained from the Platform before applying such information in clinical practice; and
(g) The User assumes all responsibility for any clinical decisions made in connection with information obtained through the Platform.

12.5 Standard of Care.

Nothing on the Platform defines, establishes, modifies, or constitutes the standard of care for any medical condition, procedure, or clinical situation. The standard of care is determined by applicable professional standards, clinical guidelines, institutional protocols, jurisdictional requirements, and the facts and circumstances of each individual patient encounter. Users are solely responsible for understanding and adhering to the applicable standard of care in their respective jurisdictions and practice settings.

12.6 No Endorsement of Treatments or Products.

The Platform does not endorse, recommend, or advocate for any specific treatment, procedure, technique, medication, device, product, or course of action. Any discussion of treatments, procedures, techniques, medications, devices, or products on the Platform, whether in Platform Content, User Content, or Sponsored Content, is for informational and educational purposes only and does not constitute a recommendation for any particular patient or clinical situation. The provisions of Section 2.3 (Platform Is Not Medical Advice), Section 2.9 (Sponsored Educational Content; Editorial Independence), and Section 9.4 (No Endorsement of Sponsors or Sponsored Content) are incorporated herein by reference.

12.7 Professional Responsibility.

Users who are licensed healthcare professionals remain subject to all applicable professional codes of ethics, licensing requirements, institutional policies, and legal obligations, regardless of their use of the Platform. The Platform does not modify, limit, or excuse any User's professional responsibilities. Users are solely responsible for:

(a) Maintaining appropriate licensure, credentials, and professional standing;
(b) Complying with all applicable laws, regulations, and professional standards;
(c) Protecting patient privacy and confidentiality in accordance with HIPAA and other applicable laws;
(d) Obtaining appropriate informed consent from patients;
(e) Maintaining appropriate professional boundaries;
(f) Reporting any conduct that may constitute a threat to patient safety; and
(g) Any other obligations arising from the User's professional status.

12.8 Emergency Situations.

The Platform is not intended for use in medical emergencies. Users experiencing or witnessing a medical emergency should immediately contact emergency services (e.g., call 911 in the United States) or seek immediate in-person medical attention. The Platform cannot and does not provide emergency medical assistance.

12.9 Limitation of Liability for Clinical Outcomes.

THE COMPANY SHALL NOT BE LIABLE FOR ANY CLINICAL OUTCOMES, PATIENT INJURIES, ADVERSE EVENTS, COMPLICATIONS, OR OTHER CONSEQUENCES ARISING FROM OR RELATED TO ANY USER'S USE OF OR RELIANCE ON PLATFORM MATERIALS, INCLUDING BUT NOT LIMITED TO ANY CLINICAL DECISIONS MADE IN CONNECTION WITH INFORMATION OBTAINED FROM THE PLATFORM. ALL CLINICAL DECISIONS ARE THE SOLE RESPONSIBILITY OF THE TREATING PROVIDER. THE USER ASSUMES ALL RISK ASSOCIATED WITH THE USE OF PLATFORM MATERIALS IN CLINICAL PRACTICE.

12.10 Medical Disclaimer.

THE PLATFORM AND ALL PLATFORM MATERIALS ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE COMPANY IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, SAFETY, OR SUITABILITY OF ANY PLATFORM MATERIALS FOR ANY PARTICULAR CLINICAL PURPOSE OR PATIENT. THE USER'S RELIANCE ON ANY PLATFORM MATERIALS IS AT THE USER'S OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE USER'S USE OF OR RELIANCE ON PLATFORM MATERIALS FOR CLINICAL PURPOSES, INCLUDING BUT NOT LIMITED TO ANY PATIENT INJURIES, ADVERSE OUTCOMES, MALPRACTICE CLAIMS, OR OTHER CONSEQUENCES. NOTHING IN THESE TERMS SHALL LIMIT ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

13.1 Disclaimer of Warranties.

THE PLATFORM, INCLUDING ALL PLATFORM CONTENT, USER CONTENT, SPONSORED CONTENT, PLATFORM MATERIALS, FEATURES, FUNCTIONALITY, AND SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
(c) WARRANTIES THAT THE PLATFORM WILL MEET THE USER'S REQUIREMENTS OR EXPECTATIONS;
(d) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(e) WARRANTIES THAT THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE;
(f) WARRANTIES THAT ANY ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED;
(g) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR QUALITY OF ANY CONTENT ON THE PLATFORM;
(h) WARRANTIES THAT THE PLATFORM OR ITS SERVERS ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; AND
(i) ANY OTHER WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS.

13.2 No Warranty Regarding Third Parties.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY USER OR OPERATOR OF ANY THIRD-PARTY WEBSITE OR SERVICE. THE COMPANY DOES NOT WARRANT OR GUARANTEE THE IDENTITY, CREDENTIALS, QUALIFICATIONS, INTENTIONS, OR TRUSTWORTHINESS OF ANY USER OR THIRD PARTY.

13.3 Assumption of Risk.

THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PLATFORM IS AT THE USER'S SOLE RISK. THE USER ASSUMES ALL RISK ARISING FROM THE USER'S ACCESS TO AND USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO:

(a) RISKS ASSOCIATED WITH RELIANCE ON ANY CONTENT, INFORMATION, OR MATERIALS AVAILABLE ON THE PLATFORM;
(b) RISKS ASSOCIATED WITH CLINICAL DECISIONS MADE IN CONNECTION WITH INFORMATION OBTAINED FROM THE PLATFORM;
(c) RISKS ASSOCIATED WITH DISCLOSURE OF INFORMATION ON THE PLATFORM; AND
(d) RISKS ASSOCIATED WITH ACCESS TO THIRD-PARTY WEBSITES OR SERVICES THROUGH THE PLATFORM.

13.4 Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:

(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
(b) ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
(c) ANY LOSS OF DATA, USE, OR OTHER INTANGIBLE LOSSES;
(d) ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(e) ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE USER'S ACCESS TO OR USE OF THE PLATFORM;
(f) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY'S SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
(g) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM;
(h) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY;
(i) ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT ON THE PLATFORM;
(j) ANY USER CONTENT OR CONDUCT OF ANY USER;
(k) ANY CLINICAL OUTCOMES, PATIENT INJURIES, ADVERSE EVENTS, OR MALPRACTICE CLAIMS ARISING FROM USE OF THE PLATFORM;
(l) ANY LOSS OF STREAK DATA, EXPERIENCE POINTS, ACHIEVEMENTS, OR OTHER GAMIFICATION METRICS DUE TO PLATFORM MAINTENANCE, ERRORS, OR DISCONTINUATION; OR
(m) ANY OTHER MATTER RELATING TO THE PLATFORM.

13.5 Cap on Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES TO THE USER FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE USER'S ACCESS TO OR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.6 Basis of the Bargain.

THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY HAS OFFERED THE PLATFORM, SET ITS PRICES (INCLUDING OFFERING THE PLATFORM FREE OF CHARGE), AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. THE USER FURTHER ACKNOWLEDGES THAT THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE USER AND THE COMPANY AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO THE USER ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

13.7 Exceptions.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE:

(a) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
(b) LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION BY THE COMPANY;
(c) THE USER'S OBLIGATIONS UNDER SECTION 15 (INDEMNIFICATION);
(d) THE USER'S LIABILITY FOR VIOLATIONS OF SECTION 2.4 OR SECTION 10 (RELATING TO PROTECTED HEALTH INFORMATION); OR
(e) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

13.8 Jurisdictional Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION 12 MAY NOT APPLY TO THE USER. TO THE EXTENT THAT THE COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ANY LIABILITY AS SET FORTH HEREIN, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF THE COMPANY'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

13.9 Essential Purpose.

THE USER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12 SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13.10 Independent Allocations of Risk.

EACH PROVISION OF THIS SECTION 13 THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14.1 Notification Types.

The Company may send notifications to Users through push notifications, email, or cloud messaging services ("Notifications") for purposes including but not limited to:

(a) Streak reminders alerting the User that their current streak is at risk of expiring;
(b) Achievement unlock notifications informing the User that an achievement has been earned;
(c) Question of the Day availability notifications;
(d) Weekly digest summaries of Platform activity;
(e) Service announcements and updates;
(f) Security alerts;
(g) Account notifications;
(h) Marketing and promotional communications (subject to the User's opt-out rights as set forth in Section 1.9); and
(i) Other operational communications.

14.2 Consent.

By creating an Account, the User consents to receive Notifications. The User may manage notification preferences through the User's Account settings; provided, however, that certain transactional and security-related Notifications may not be disabled. The Company shall not be liable for any failure to deliver Notifications or for any delay in the delivery of Notifications.

14.3 Push Notification Tokens.

To deliver push notifications, the Platform collects and stores device tokens issued by Apple Push Notification Service (APNs) and/or Firebase Cloud Messaging (FCM). These tokens are used solely for the purpose of delivering Notifications and are stored in accordance with the Privacy Policy.

15.1 Indemnification by User.

The User agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, assigns, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Claims") arising from or related to:

(a) The User's access to or use of the Platform;
(b) The User's violation or breach of any provision of these Terms;
(c) The User's violation of any applicable law, regulation, rule, or ordinance;
(d) The User's violation of any professional code of ethics, licensing requirement, or standard of conduct;
(e) Any User Content posted, uploaded, transmitted, or otherwise made available by the User, including but not limited to any claim that User Content infringes, misappropriates, or violates the intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
(f) The User's entry, upload, transmission, or disclosure of any Protected Health Information (PHI) or patient-identifiable information on or through the Platform in violation of Section 2.4 or Section 10;
(g) Any claim by a patient, regulatory agency, or other party arising from the User's violation of HIPAA, state privacy laws, or other applicable privacy or data protection requirements in connection with the Platform;
(h) Any malpractice claim, professional liability claim, or adverse clinical outcome arising from or related to the User's use of or reliance on any Platform Materials, User Content, or information obtained from the Platform;
(i) The User's misrepresentation of the User's identity, credentials, qualifications, institutional affiliation, or professional status;
(j) Any claim that the User's conduct constitutes harassment, defamation, fraud, or other tortious or unlawful conduct;
(k) The User's violation of any third party's intellectual property rights, privacy rights, contractual rights, or other rights; and
(l) Any other act or omission by the User in connection with the Platform that gives rise to liability for any Indemnified Party.

15.2 PHI Indemnification.

Without limiting Section 15.1, the User specifically acknowledges and agrees that the User shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims arising from or related to the User's entry, upload, transmission, or disclosure of any Protected Health Information (PHI) or patient-identifiable information on or through the Platform, including but not limited to:

(a) Regulatory investigations, fines, penalties, and enforcement actions by the U.S. Department of Health and Human Services, Office for Civil Rights, state attorneys general, or any other regulatory or governmental authority;
(b) Civil claims, lawsuits, settlements, and judgments brought by affected patients or other parties;
(c) Notification costs, credit monitoring services, and other remediation measures required by law or undertaken voluntarily by the Company;
(d) Forensic investigation, legal, and consulting costs incurred in responding to the incident;
(e) Public relations and crisis management costs; and
(f) Any other costs, expenses, damages, or losses incurred by the Indemnified Parties as a result of the User's violation.

15.3 Indemnification Procedure.

The obligations set forth in this Section 15 are conditioned upon the following:

(a) Notice. The Indemnified Party shall provide the User with prompt written notice of any Claim for which indemnification is sought; provided, however, that the failure to provide such notice shall not relieve the User of the User's indemnification obligations except to the extent that the User is materially prejudiced by such failure.
(b) Control of Defense. The Company shall have the right, in its sole discretion, to assume exclusive control of the defense and settlement of any Claim for which indemnification is sought, with counsel of the Company's choosing and at the User's expense. The User agrees not to settle any Claim without the prior written consent of the Company.
(c) Cooperation. The User shall cooperate fully with the Indemnified Parties in the defense of any Claim, including by providing documents, information, testimony, and other assistance as reasonably requested. The costs of such cooperation shall be borne by the User.
(d) Participation. The User may participate in the defense of any Claim at the User's own expense and with counsel of the User's choosing; provided, however, that the Company shall retain exclusive control of the defense and settlement.

15.4 Reservation of Rights.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any Claim subject to indemnification by the User, in which event the User shall cooperate with the Company in asserting any available defenses. The Company's assumption of the defense shall not relieve the User of the User's indemnification obligations hereunder.

15.5 No Limitation on Other Rights.

The indemnification obligations set forth in this Section 15 are in addition to, and not in lieu of, any other rights or remedies available to the Indemnified Parties under these Terms, at law, or in equity. The User's indemnification obligations shall not be limited by any limitation of liability set forth in Section 13, and the limitations of liability in Section 13 shall not apply to the User's indemnification obligations under this Section 15.

15.6 Survival.

The User's indemnification obligations under this Section 15 shall survive the termination or expiration of these Terms and the User's Account for any reason.

16.1 Governing Law.

These Terms and any dispute or claim arising from or related to these Terms, the Platform, or the User's use of the Platform, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

16.2 Informal Dispute Resolution.

Before initiating any formal dispute resolution proceeding, the User agrees to first contact the Company at [email protected] and attempt to resolve the dispute informally. The User agrees to provide a written description of the dispute, including the User's name, Account information, the nature of the dispute, and the relief sought. The Company will attempt to resolve the dispute informally within sixty (60) days of receiving the User's written description. If the dispute is not resolved within sixty (60) days, either party may proceed with formal dispute resolution as set forth in this Section 16. The informal dispute resolution process is a prerequisite to initiating arbitration or any other formal proceeding, and failure to comply with this Section 16.2 shall result in dismissal of any arbitration or legal action initiated by the User.

16.3 Binding Arbitration.

Any dispute, claim, or controversy arising from or relating to these Terms, the Platform, or the User's use of the Platform that is not resolved through informal dispute resolution shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its then-current Consumer Arbitration Rules and Mediation Procedures ("AAA Rules"), as modified by this Section 16. The AAA Rules are available at www.adr.org. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules. The arbitration shall be held in Miami-Dade County, Florida, unless the parties mutually agree to an alternative location or to a virtual hearing. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16.4 Class Action Waiver.

THE USER AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE USER EXPRESSLY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth in Section 16.3 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

16.5 Exception for Small Claims.

Notwithstanding Section 16.3, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction.

16.6 Equitable Relief.

Notwithstanding Section 16.3, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data security requirements.

16.7 Limitation Period.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. FAILURE TO FILE WITHIN SUCH PERIOD SHALL RESULT IN THE PERMANENT BARRING OF SUCH CLAIM.

17.1 Termination by User.

The User may terminate the User's Account at any time by contacting the Company at [email protected] or by using the Account deletion feature within the Platform, if available. Upon termination, the User's right to access and use the Platform shall immediately cease.

17.2 Termination by Company.

The Company may suspend or terminate the User's Account and access to the Platform at any time, with or without cause, with or without notice, in its sole discretion. Without limiting the foregoing, the Company may terminate the User's Account for any reason, including but not limited to (a) violation of these Terms; (b) request by law enforcement or governmental agency; (c) discontinuation or material modification of the Platform; (d) unexpected technical or security issues; (e) extended periods of inactivity; (f) engagement in fraudulent or illegal activities; or (g) failure to pay any fees owed to the Company, if applicable.

17.3 Effect of Termination.

Upon termination of the User's Account for any reason:

(a) The User's right to access and use the Platform shall immediately cease;
(b) The User's case log data, analytics, gamification data (including XP, levels, streaks, and achievements), and other Account-associated data may be deleted in accordance with the Privacy Policy, subject to the Company's data retention obligations;
(c) The licenses granted to the User under these Terms shall immediately terminate;
(d) The Company may retain certain User data as described in the Privacy Policy and Section 10.6;
(e) The User shall remain liable for all obligations accrued prior to termination; and
(f) The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5 (User-Generated Content), 9 (Sponsored Content), 10 (Privacy, Data, and Protected Health Information), 11 (Platform Intellectual Property), 12 (Medical and Professional Disclaimer), 13 (Disclaimers and Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), and 17.3 (Effect of Termination).

17.4 No Liability for Termination.

The Company shall not be liable to the User or any third party for any termination or suspension of the User's Account or access to the Platform, regardless of the reason for such termination or suspension.

18.1 Right to Modify.

The Company reserves the right to modify these Terms at any time in its sole discretion. The Company shall indicate the date of the most recent revision by updating the "Last Updated" date at the top of these Terms.

18.2 Material Changes.

For changes that the Company determines, in its sole discretion, to be material, the Company will require acknowledgment of the updated Terms upon the User's next login to the Platform. The User will not be permitted to access the Platform until the User acknowledges the updated Terms.

18.3 Non-Material Changes.

For non-material changes, the Company will update the "Last Updated" date and may, but is not obligated to, provide additional notice. The User's continued use of the Platform after such changes constitutes acceptance of the modified Terms.

18.4 Disagreement with Modifications.

If the User does not agree to any modification of these Terms, the User's sole remedy is to discontinue use of the Platform and terminate the User's Account in accordance with Section 17.1.

19.1 Entire Agreement.

These Terms, together with the Privacy Policy and any Additional Policies, constitute the entire agreement between the User and the Company regarding the User's use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

19.2 Severability.

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

19.3 Waiver.

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company. No waiver of any provision shall constitute a continuing waiver of such provision or a waiver of any other provision.

19.4 Assignment.

The User may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the Company. The Company may assign or transfer these Terms, or any rights or obligations hereunder, without restriction and without the User's consent. Any attempted assignment or transfer by the User in violation of this Section shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

19.5 Force Majeure.

The Company shall not be liable for any failure or delay in performing any obligation under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information technology infrastructure, power outages, cyberattacks, hacking, or any other events beyond the Company's reasonable control.

19.6 Notices.

All notices from the Company to the User may be delivered via email to the email address associated with the User's Account, via push notification, or by posting on the Platform. The User agrees that such notices shall satisfy any legal communication requirements. All notices from the User to the Company must be sent to [email protected] unless these Terms specify an alternative method.

19.7 No Third-Party Beneficiaries.

These Terms are intended solely for the benefit of the User and the Company. Nothing in these Terms shall be construed to confer any rights or benefits upon any third party, whether as a third-party beneficiary or otherwise, except as expressly provided herein.

19.8 Headings.

The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

19.9 Construction.

These Terms shall not be construed against the Company merely because the Company drafted them. The word "including" shall mean "including, without limitation."

19.10 Survival.

All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

For questions, concerns, or feedback regarding these Terms or the Platform, please contact:

WYZZIE LLC
WYZZIE LLC, Florida
Email: [email protected]
Website: wyzzie.com

WYZZIE

TERMS OF SERVICE

1. AGREEMENT TO TERMS

2. DESCRIPTION OF PLATFORM

3. USER ACCOUNTS AND ACCOUNT TYPES

4. ACCEPTABLE USE POLICY

5. USER-GENERATED CONTENT

6. GAMIFICATION, LEADERBOARDS, AND ANALYTICS

7. PLATFORM-PROVIDED CONTENT

8. THIRD-PARTY LINKS AND RESOURCES

9. SPONSORED CONTENT

10. PRIVACY, DATA, AND PROTECTED HEALTH INFORMATION

11. PLATFORM INTELLECTUAL PROPERTY

12. MEDICAL AND PROFESSIONAL DISCLAIMER

13. DISCLAIMERS AND LIMITATION OF LIABILITY

14. PUSH NOTIFICATIONS

15. INDEMNIFICATION

16. DISPUTE RESOLUTION

17. TERMINATION

18. MODIFICATIONS TO TERMS

19. GENERAL PROVISIONS

20. CONTACT INFORMATION