FRONTCARE END USER LICENSE AGREEMENT AND TERMS OF SERVICE

Welcome to the FrontCare Site, located at: https://FrontCare.com/ (the “Site”). This End User License Agreement and Terms of Service (these “Terms”) govern your use of the Site, the FrontCare platform, and all related products, services, features, technologies, tools, and content provided by or through FrontCare (collectively, the “Services”). The terms “FrontCare,” “we,” “us,” and “our” refer to AgentechRx LLC.

BY USING THE SERVICES, YOU AGREE TO THESE TERMS AND TO FRONTCARE’S https://www.frontcare.com/privacy-policy/ AS UPDATED FROM TIME TO TIME, AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES.

1. Hosting
FrontCare operates as an intermediary platform that connects third-party physician networks and pharmacies (“Medical Professionals”) with individuals or entities that promote, endorse, or advertise products and services (collectively, “influencers,” “creators,” “businesses” or “you”) Our primary role is to facilitate a relationship between Medical Professionals and influencers, creators or businesses, allowing for a seamless exchange of promotional opportunities, sales, and other collaborative interactions.

2. Registration
To create a FrontCare creator account, you must apply through the Services. Approving a proposed account, and suspending or terminating approval of an existing account, is at FrontCare’s sole discretion. You must provide accurate, current, and complete information during the registration process and keep your account up to date. You also agree to continuously update and ensure the accuracy of your account information throughout the duration of your use of the Services. You are responsible for maintaining the confidentiality of your account and password.

If you create or administer an account on behalf of a company, organization, or other legal entity, you represent, warrant, and covenant that (a) you have full legal authority to bind that entity to these Terms, (b) all references to “influencer,” “creator,” “business,” or “you” in these Terms will be deemed to include such entity, and (c) you will ensure that only authorized personnel access your credentials.

If you simply want to browse the Site without creating an account, there is no need to register or apply.

3. Agreement
By using the Services as an influencer, creator or business, you agree to these Terms. If you do not agree with any part of these Terms, you must not use our Services. You shall ensure that all individuals and entities under your control or acting on your behalf, including employees, contractors, representatives, and affiliates, fully comply with the restrictions set forth in this Agreement. You are responsible for any breach of this Agreement by any such persons or entities.

4. Identification
By using our Services and submitting an application for an account, you represent and warrant that the business or third-party social media and other accounts listed in your application belong to you. You further acknowledge and agree that we reserve the right to request additional information or documentation from you to verify your identity. This may include, but is not limited to, government-issued identification documents, proof of address, or any other relevant identification information.

5. Age of Users
Children under the age of 18 may not use the Services and parents or legal guardians shall not agree to these Terms on their behalf. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our commercially reasonable efforts to remove the information permanently from our files.

6. FrontCare Privacy Policy
Your use of the Services signifies your continuing consent to our https://www.frontcare.com/privacy-policy/, as updated from time to time, which is incorporated herein by reference and which you can examine any time by clicking on the “Privacy” link on the Site.

Personal information that you supply to FrontCare, and any information about your use of the Services that we obtain will be subject to such Privacy Policy.

6. Changes to the Services
We may discontinue or change any content, service, function, or feature of the Services at any time with or without notice.

7. Proper Use of This Site
You may access and use the Services solely in accordance with this Agreement and all applicable laws and regulations. Any use, reproduction, distribution, or exploitation of the Site (including its contents) or the Services that is not expressly permitted herein is strictly prohibited and constitutes a material breach of this Agreement.

You agree that systematic retrieval of data from the Services without FrontCare’s express written permission is strictly prohibited. You shall not: (i) use any program, spider, “bot,” or other automatic device to gather or “harvest” information from the Services; (ii) engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services; (iii) use, frame or otherwise enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FrontCare or its affiliates; (iv) use any meta tags or any other “hidden text” utilizing FrontCare’s name or trademarks without our express written consent; (v) use any device, software or routine to bypass any code which may be included in the Services to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services; (vi) take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure; (vii) knowingly provide false information to sabotage or otherwise negatively affect the Services; (viii) reverse engineer, disassemble or decompile any FrontCare prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder; or (ix) register, purchase, or use any Internet domain name that contains, is confusingly similar to, or incorporates in whole or in part the words “FrontCare,” any FrontCare trademark, or any misspelling or phonetic equivalent thereof.

You are expressly prohibited from using the Services, including its sales rates or fees, tracking infrastructure, attribution tools, analytics, data, and any related services or technology, to directly or indirectly compensate, subsidize, or otherwise provide monetary or non-monetary benefits, to any influencer, creator, business, consumer, or third party who is not using the Services through a direct and approved contractual relationship with FrontCare. This
prohibition includes, without limitation: (i) onboarding influencers, creators, businesses, or publishers onto any separate platform, application, or network that you own, operate, or represent, and providing compensation, subsidies, or benefits to them using FrontCare sales rates or fees, tracking, payout structures, or any part of the Services; (ii) offering or funding cashback, rebates, loyalty programs, or other consumer incentives or benefits derived from the Services; (iii) acting, directly or indirectly, as a proxy, intermediary, sub-affiliate, or technology provider to extend the use of or access to the Services to any third party; or (iv) facilitating any prohibited activity under this paragraph through technical, financial, contractual, or other indirect means, including white-label arrangements, service integrations, APIs, software tools, or business relationships. These restrictions apply regardless of your role or capacity, including as a creator, influencer, business, publisher, media company, application, influencer platform, affiliate network, or otherwise, and regardless of the recipient’s relationship to you or your organization, including employees, contractors, or agents. Any violation of this paragraph constitutes a material breach of this Agreement and entitles FrontCare to immediately suspend or terminate your account, withhold or cancel monies earned, disqualify you from further use of and access to the Services, and pursue any other remedies available under these Terms or applicable law. Because the damages resulting from such misuse would be difficult to quantify, you agree to pay liquidated damages of US$100,000 per violation (or the maximum amount permitted by applicable law, whichever is lower), which you acknowledge constitutes a fair and reasonable estimate of harm and not a penalty. This remedy is non-exclusive and does not limit FrontCare’s right to actual damages in excess of such amount or to recover any monies or benefits that were obtained, retained, or distributed in violation of this paragraph. In addition, FrontCare shall be entitled (i) to injunctive or other equitable relief to prevent or address any actual or threatened violation of this paragraph, without the requirement to post bond or demonstrate irreparable harm; and
(ii) to recover its attorneys’ fees, costs, and expenses incurred in investigating, enforcing, or remedying any actual or threatened violation of this paragraph. You further agree to indemnify, defend, and hold harmless FrontCare and its affiliates, and each of their respective officers, directors, employees, and agents, from and against any and all claims, losses, liabilities, damages, judgments, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your breach of this paragraph.

9. Inappropriate Content
We reserve the right to remove any content from the Site or the Services, at any time, that we deem inappropriate. Determinations about the inappropriateness of content are made in FrontCare’s sole discretion. Inappropriate content may include, without limitation, content that:

is directed at anyone under 18 years of age;

violates any provision of the Children’s Online Privacy Protection Act and/or Federal Trade Commission regulations;

contains material that is false or misleading with respect to any person or entity;

contains product or pricing claims on behalf of FrontCare without evidence provided by FrontCare to support those claims or without prior written approval from FrontCare;

contains material that is illegal, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, offensive, libelous, sexually explicit, violent, invasive of privacy, hateful, or discriminatory on the basis of race / color / religion or creed / national origin or ancestry / sex / age / physical or mental disability / veteran status / sexual orientation / pregnancy / gender identity;

infringes any third party’s intellectual property rights or that you are otherwise prohibited from disclosing;
contains software viruses or otherwise impairs the Site’s or Services’ functionality;

involves the transmission of “spam,” “junk mail,” “chain letters,” or unsolicited mass emails;

promotes, advertises or solicits for contests, sweepstakes, multi-level marketing campaigns, Ponzi schemes, pyramid schemes, digital currencies or cryptocurrencies;

uses automated scripts or other technology to collect information from or contact FrontCare or users of the Site or Services;

provides material support or resources to any organization(s) designed by the United States government as a foreign or domestic terrorist organization;

discloses another person’s personal identifiable information, including without limitation name, address, social security number or other identifying number or code, telephone number, email address, contact information, password, credit card or bank account information;

violates or encourages the violation of any applicable local, state, federal or international law, including any regulations having the force of law;

is generated by automated tools or that is misleading or repetitive; or

or any other content we deem harmful, unlawful, or otherwise objectionable in our sole discretion.

10. Content Revision or Removal
We reserve the absolute right to revise, remove, delete, or take down any content from the Services, including content posted by influencers, creators or businesses, at our sole discretion and without any obligation to provide justification or prior notice. You agree to fully and promptly cooperate with any such requests for revision or removal. This right applies regardless of whether or not the content violates these Terms. By using our Services, you acknowledge and accept our authority to make decisions related to content removal for the protection, maintenance, or any other reason deemed appropriate by FrontCare.

11. User Conduct
By accessing or using our Services, you acknowledge and agree that we have the right to remove you from the Services if you engage in sending rude or offensive messages. We are committed to maintaining a respectful and inclusive environment for all users of the Services, including influencers, creators, business and FrontCare.

12. Compliance with FTC Guidance
You represent, warrant, and covenant that you will comply with all applicable laws, rules, regulations, and relevant guidance issued by regulatory or self-regulatory authorities, regarding endorsements, testimonials, influencer marketing, and disclosure of material connections. This includes, without limitation, the U.S. Federal Trade Commission (“FTC”) guidance documents relating to material connection disclosures, affiliate links, and gifted or paid partnerships. Without limiting the foregoing, you represent, warrant, covenant, and agree that you will comply with the FTC’s Disclosures 101 for Social Media Influencers, FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, FTC’s Endorsement Guidelines: What people are asking, and the FTC’s “.com” Disclosures, as well as, where applicable, Add info regarding how they must disclose promotion. Whenever you share promote or endorse a FrontCare or its products or services, you are solely responsible for (i) transparently disclosing the relationship to your audience and (ii) clearly and conspicuously disclosing any material relationships. Your statements must reflect your honest views and personal experiences with FrontCare or the
Medical Professional’s products or services. You represent, warrant, and agree that you will provide clear and conspicuous disclosures to all consumers as required by applicable laws, rules, regulations, and guidelines for each and every post, tag, pin, like, hashtag, brand collaboration or campaign, product review, sweepstake entry, etc., and in the same format as that particular content. For example, clear disclosures such as a #ad or #sponsored should appear conspicuously, such as at or near the beginning of posted content, visually for visual content, audibly for audible content, both visually and audibly for audiovisual content, and periodically for longer content. Your failure to comply with the above laws, rules, regulations, or guidance can lead to enforcement by regulatory authorities and repercussions from FrontCare and/or its Medical Professionals.

13. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to and use of the Services, without prior notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason. Furthermore, we reserve the right to terminate access to our Services for any reason or no reason.

14. Restrictions on Promotional Methods
While using the Services, you are expressly prohibited from engaging in specific promotional tactics. These prohibited tactics include, but are not limited to:

(a) Paid Search: You may not use paid search campaigns or pay-per-click advertising to promote your association with FrontCare or its associated Medical Profesionals.

(b) Keyword Bidding: Bidding on keywords, phrases, or other identifiers, including brand-related terms associated with FrontCare or its Medical Profesionals, for advertising purposes is not allowed.

(c) Software or Browser Extensions: Developing or utilizing any software, applications, or browser extensions that interact with, alter, or are related to our Services in any manner without our explicit written consent is strictly prohibited.

(d) Commissionable Discount Codes: Listing or sharing FrontCare discount codes on external discount websites, applications, or similar platforms is strictly prohibited. Intentional violation of this policy may result in immediate and permanent banning from the Services, in addition to the reversal of commissions.

Violation of these restrictions may result in immediate termination of your FrontCare account and forfeiture of any earnings or other rewards.

15. Payment Terms

(a) Responsibility for Payments: FrontCare is solely responsible for paying on sales generated by influencers, creators or businesses (e.g., you). As an influencer, creator or business using FrontCare, you will receive payment only after FrontCare has received the corresponding payment from the customer. This process ensures transparency and accountability in all transactions facilitated through our Services.

(b) Variability of Payments: Please be aware that the rates provided are only estimates and are subject to change. These changes can occur for various reasons, including but not limited to promotional adjustments, FrontCare discretion, changes in revenue payment agreements, budget constraints, and alterations in fees and pricing. As a result, the rates are not guaranteed and may fluctuate. By using the Services, you acknowledge and accept that the actual payment you receive for any transaction could differ from the initially estimated rate. FrontCare is committed to providing accurate, current information but cannot be held (and is not) responsible for any rate discrepancies or changes made by FrontCare.

(c) Conditions for Payment Reversal: FrontCare reserves the right to reverse or deny payments for various reasons, which may include, but are not limited to, the following circumstances:

1. Use of specific discount codes not compatible with the affiliate program;
2. Returns, cancellations, or modifications of purchases by the end consumer;
3. Situations where purchases are tracked through another platform, resulting in a conflict or duplication in commission claims;
4. Purchases involving items that are explicitly excluded from commission eligibility; and/or
5. Cases where a sale is deemed fraudulent, involves duplicate orders, or results in payment authorization failures.

   As an influencer, creator or business using the Services, you acknowledge and agree that all payments are subject to, and contingent upon, the final approval and payment policies of FrontCare. FrontCare acts solely as an independent intermediary and does not serve as a fiduciary, trustee, or escrow agent on your behalf. FrontCare is not responsible for, and shall bear no liability related to, any decisions concerning approvals, reversals, denials, or non-payment. No trust, escrow, agency, or other fiduciary relationship is created between you and FrontCare by your use of the Services. FrontCare reserves the right to delay, withhold, or reverse payments in cases of suspected fraud, abuse, violation of platform policies, or Merchant non-payment.

(d) Acknowledgement of Terms: By using the Services, you agree to the foregoing payment terms, and understand that your earnings are dependent on the adherence to such terms by both you and FrontCare. FrontCare is committed to ensuring a fair and transparent process but is not liable for the acts, omissions in relation to payments.

16. Proprietary Rights
The Site, the Services, and all related features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by FrontCare, its licensors, or other content providers, and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. FrontCare reserves all rights in and to the Site, the Services, and all intellectual property rights therein, as well as in any content made available on the Site or through the Services. Except as expressly authorized in writing by FrontCare, you may not reproduce, publish, distribute, or otherwise exploit any part of the Site or the Services or their underlying content or technology. All rights not expressly granted are reserved by FrontCare.

Merchants reserve all rights under intellectual property law in any Merchant content provided and/or otherwise approved for your use in connection with these Terms or the Services.

17. Digital Millennium Copyright Act
If you believe that a third party has infringed your copyright on our Site, you may notify our Designated Agent by email at contatct@frontcare.com or in writing to FrontCare, 10203 Collins Avenue unit 302N, Bal Harbour, FL 33154. In order to be effective, your notice of claimed infringement must comply with the requirements of the Digital Millennium Copyright Act, which may be found at 17 U.S.C. ¶ 512(c)(3).

18. Changes to the Terms of Service
We may change these Terms at any time. You may review the most current version of the Terms by clicking on the Site’s “Terms of Service” link. Continued use of the Services following any amendment to these Terms constitutes your acceptance of such amended terms. If you do not agree to any modification, your sole remedy is to cease using the Services. You are responsible for checking these Terms periodically for any changes.

19. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning FrontCare or the Services electronically, including notice to any email address that you may provide.

20. Ownership of Content That You Supply
You represent, warrant, covenant, and agree that you are the exclusive owner of any content you publish on the Site or in connection with the Services, such content is your original work, and/or that you have all rights, licenses, consents and releases necessary to make the content available on the Site or the Services. You further represent, warrant and agree that your content does and will not infringe, misappropriate, or violate any copyright, trade secret, patent, rights of publicity or privacy of any third party, or any other proprietary right or intellectual property right of any third party, or any other applicable law or regulation. If you publish any content on the Site or in connection with the Services, you hereby grant us, our licensees, and our affiliate companies the non-exclusive, perpetual, worldwide, royalty-free sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

21. No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you, or others, may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

22. Third Party Sites and Advertisers
FrontCare may include links to third party web sites within the Services. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our partners, suppliers or advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that FrontCare is not responsible for any claim or loss due to a third-party site or any advertiser.

23. Connecting Social Accounts
By linking, connecting or otherwise integrating any third-party social media account (including, without limitation, Instagram, TikTok, or YouTube, and any successor or related service) with your FrontCare account or Services usage, you represent, warrant and covenant that you have read, understood and agreed to that platform’s applicable terms of service, privacy policy, guidelines, and any other rules governing your use of that platform. You acknowledge that your access to and use of such platforms is subject to those third-party terms, and that any failure by you to comply with such terms may constitute a breach of this Agreement.

24. Confidentiality
You agree that all non‑public information you receive about FrontCare, a Medical Professional, or any partner, affiliate or service provider, including without limitation, rates, products, briefs, codes, and data, constitutes confidential information. You shall not disclose, publish, or use such information except as strictly necessary to perform your obligations under this Agreement. These confidentiality obligations shall survive the expiration or termination of this Agreement and the closure of your FrontCare account indefinitely.

25. Beneficiaries
You acknowledge and agree that certain Medical Professionals, solely with respect to creators, influencers or business engaged by you as and to the extent designated and agreed in FrontCare’s separate written contracts with such Medical Professionals, are third party beneficiaries of certain provisions of this Agreement, including provisions of this Agreement related to such creators’, Influencers’ or businesses’ participation in Opportunities (as described in the Services). Such designated Medical Professionals are entitled to enforce their rights hereunder against you to the extent of their third-party beneficiary rights, if any. Nothing in this Agreement
shall impose any financial, operational, or legal liability on FrontCare in connection with a Medical Professionals enforcement rights.

26. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FRONTCARE NOR ANY PERSON ASSOCIATED WITH FRONTCARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FRONTCARE NOR ANYONE ASSOCIATED WITH FRONTCARE REPRESENTS OR WARRANTS THAT THE SERVICES OR THE RESULTS OF THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, FRONTCARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Some jurisdictions do not allow the exclusion of certain implied warranties, so the above disclaimer may not apply to you in its entirety; in such jurisdictions, the disclaimer shall apply to the maximum extent permitted by law. You understand and agree that any statements by FrontCare, its employees, agents, partners, affiliates, and suppliers are provided for informational purposes only, and are not representations or warranties.

27. Limitation of Liability
FRONTCARE SHALL NOT BE LIABLE FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; (2) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS OR PROFITS; (3) LOSS OF GOODWILL OR REPUTATION; OR (4) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, IN EACH CASE EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL FRONTCARE’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT YOU PAID FRONTCARE FOR USING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

28. Indemnification
You shall defend, indemnify, and hold harmless FrontCare, its affiliates, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, damages, penalties, judgments, fines, costs, and expenses (including reasonable attorneys’ fees, expert fees, arbitration or filing fees, and the cost of any internal investigation) arising out of or relating to: (i) your use or misuse of the Services; (ii) your breach of these Terms;
(iii) your violation of any applicable law or regulation; or (iv) any content you post, upload, transmit, or distribute through the Services, including any claim or allegation that such content infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, or other rights of any person or entity. FrontCare reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully in asserting any available defenses.

29. International Use
We make no representation that content available within the Services is appropriate or available for use in locations outside the United States. Users located outside the United States are solely responsible for compliance with all local laws and regulations applicable to their access and use of the Services. By using the Services, you acknowledge and consent that your personal information will be transferred to, processed in, and stored in the United States, as described in our Privacy Policy.

30. Governing Law; Dispute Resolution
(a) The Terms are governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of laws principles and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.

(b) Except as set forth in Section 30(c), any and all disputes, claims, or controversies arising out of or relating to these Terms or the Services (collectively, a “Dispute”) shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, which are available at www.adr.org and are incorporated herein by reference. You acknowledge and agree that your use of the Services is for commercial purposes, and you are not a “consumer” for purposes of AAA arbitration rules. The arbitration shall be conducted in English and seated in New York, New York. The arbitrator shall have the exclusive authority to determine the scope, validity, enforceability, and arbitrability of any Dispute, including threshold issues. The arbitrator may award any relief under applicable law, including injunctive and equitable relief, and shall issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction. Unless otherwise required by the AAA Rules or applicable law, each party shall bear its own attorneys’ fees and costs. The arbitration proceedings, including the award, shall be maintained in strict confidence, except as may be required by law or as may be necessary to enforce or challenge the award.

(c) Notwithstanding Section 30(b), to the extent a Dispute (or any portion thereof) is determined by a court of competent jurisdiction not to be subject to arbitration, such Dispute shall be resolved exclusively in the state or federal courts located in the City of New York in the State of New York. You irrevocably submit to the personal jurisdiction and venue of such courts for the purpose of litigating any such Dispute. BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT MAY OTHERWISE BE AVAILABLE UNDER THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) CONSENTING TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN THE CITY OF NEW YORK, NEW YORK; AND (3) AGREEING TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.

(d) You and FrontCare agree to arbitrate solely on an individual basis. These Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall not consolidate the claims of multiple parties or preside over any form of class, collective, or representative arbitration proceeding. The AAA shall have no authority to order or conduct any class arbitration. You further agree not to join or consolidate any lawsuit with others or to serve as a class representative or member in any purported class action against FrontCare. If the class action waiver is found to be unenforceable under applicable law, then the entirety of the agreement to arbitrate in this Section 30 shall be deemed null and void, and any such Dispute shall be resolved exclusively in the courts identified in Section 30(c). YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FRONTCARE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

31. Injunctive and Equitable Relief
Notwithstanding any other provision herein, in the event of your breach or threatened breach or failure to comply with these Terms, FrontCare shall be entitled to seek injunctive relief, specific performance, or any other equitable remedy in any court of competent jurisdiction, whether located within or outside the United States, without the necessity of
posting bond or proving actual damages. This right applies in addition to, and not in lieu of, any other rights or remedies available to FrontCare at law or in equity, including arbitration. You irrevocably consent to the jurisdiction of such courts for purposes of any proceeding initiated under this section and waive any objection to such jurisdiction or venue, including based on forum non conveniens.

32. Sanctions; Export Controls
You represent and warrant that neither you nor any individual or entity associated with your account is the subject of sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce (including BIS). You agree not to use the Services in violation of such laws of the United States.

33. Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

34. Survival
The following provisions will survive termination of this Agreement: Sections 8 (Proper Use), 9 (Inappropriate Content), 10 (Content Revision), 12 (Compliance), 15 (Commission and Payment Terms), 20 (Ownership of Content), 24 (Confidentiality), 26–28 (Disclaimers, Limitations, Indemnification), 30–33 (Governing Law, Dispute Resolution, Injunctive Relief, Severability, Survival), and any other provisions which by their nature are intended to survive.

35. Force Majeure
FrontCare shall not be liable or responsible for any failure or delay in performance of its obligations under this Agreement arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, internet outages, denial-of-service attacks, strikes, acts of war or terrorism, pandemics, embargoes, governmental actions, or natural disasters.

36. SMS/MMS Messaging Program (A2P 10DLC Compliance)

(a) Program Description
You may receive text messages related to: meeting reminders, onboarding instructions for new clients, support-related replies, and occasional marketing messages (if opted in for marketing).

(b) Consent / Opt-In
You will not receive marketing texts unless you explicitly opt in (e.g., checking an SMS consent box on a form that is not pre-checked, submitting a form that clearly states you consent to receive texts, or texting a designated keyword to subscribe).

By providing your mobile number and opting in, you consent to receive texts from FrontCare at the phone number you provided, including via autodialer or similar technology, if applicable. Consent is not a condition of purchase.

(c) Opt-Out (STOP Keywords)
You may opt out at any time by replying with the keyword STOP.
After you text the STOP keyword, you will receive one final message confirming your opt-out. No further messages will be sent unless you re-opt in.

Mobile information won’t be shared with third parties/affiliates for marketing/promotional purposes.

Revision Date: September 12, 2025
Copyright © 2025 FrontCare All Rights Reserved.