FLOAT DR Forum

These Terms and Conditions (“Terms”) are a legal agreement between you (“you,” “your,” or “User”) and Float Doctor, LLC, on behalf of itself, its subsidiaries, and its affiliated clinical practices (“Float Doctor,” “FLOAT DR,” “we,” “us,” or “our”), governing your access to and use of the FLOAT DR Forum mobile application, the Float Doctor website at: https://www.floatdr.net/ (the “Website”), the Float Doctor patient portal, and our related services and programs, including Float Doctor Video Telehealth (collectively, the “Platforms”).

BY CREATING AN ACCOUNT, DOWNLOADING, ACCESSING, OR USING THE PLATFORMS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORMS.

Our collection and use of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. If you receive services covered by the Health Insurance Portability and Accountability Act (“HIPAA”), our HIPAA Notice of Privacy Practices also applies and will control in the event of a conflict regarding your protected health information (“PHI”).

1. Eligibility

You must be at least 18 years old to create an account and use the Platforms on your own behalf. We may provide services to minors between the ages of 13 and 17 (“Teens”) only with parental or guardian consent and oversight, or the Teen's own consent where permitted under applicable law and professional norms. If you are a parent or guardian who believes your Teen has created an account or provided personal data without your consent, please contact us immediately at info@floatdr.net or 920-698-0019. The Platforms are not directed to minors, and we do not knowingly permit minors to create accounts.

2. Accounts and Registration

To access certain features of the Platforms, you must register for an account and provide accurate, current, and complete information, including your name, email address, and telephone number. When you register, we may use information you provide, including with the assistance of artificial intelligence, to assign you to a provider. If your assigned provider does not meet your needs, you may request a different provider by contacting us at info@floatdr.net or 920-698-0019.

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account, whether or not authorized by you. Our mobile platform provides HIPAA-related services and require two-factor authentication for additional security. You must notify us immediately at info@floatdr.net or 920-698-0019 of any unauthorized use of your account or any other breach of security.

3. Subscriptions, In-App Purchases, and Billing

Certain features of the FLOAT DR Forum app, including access to providers, programs, or premium content, may require payment of fees through subscriptions or in-app purchases (“Paid Services”).

• Billing. Fees for Paid Services or products are charged through the payment method associated with your account or through the applicable app store (Apple App Store or Google Play), and are subject to the billing terms of that app store in addition to these Terms.

• Auto-Renewal. Subscriptions automatically renew for successive periods equal to the initial subscription term unless you cancel before the renewal date. You authorize us (or the applicable app store) to charge your payment method for each renewal term at the then-current rate.

• Cancellation. You may cancel a subscription at any time through your app store account settings. Cancellation will take effect at the end of the current billing period, and no partial refunds will be issued for the remaining period except as required by law or by the applicable app store's refund policies.

• Price Changes. We reserve the right to change the price of Paid Services. We will provide advance notice of any price increase, and the increase will apply prospectively to subsequent billing periods.

• Insurance and Third-Party Payment. If you provide insurance information for billing purposes, you represent that the information is accurate and that you are authorized to use it. You remain responsible for any amounts not covered by insurance.

4. Telehealth and Health-Related Disclaimers

The Platforms may facilitate telehealth services, including Float Doctor Video Telehealth, and may include features such as journaling, diary entries, and AI-supported tools intended to support, and not replace, your relationship with your provider.

• The Platforms are not intended for use in a medical emergency. If you are experiencing a medical or mental health emergency, call 911 immediately or go directly to your nearest emergency room.

• Information and features provided through the Platforms, including AI-generated summaries, insights, or recommendations, are not a substitute for professional medical, psychological, or clinical judgment. AI is not always correct and is not designed to make medical decisions.

• Your provider, not any automated or AI feature, is responsible for your clinical care. AI features are designed to assist providers and supplement, not replace, the provider-patient relationship. AI can make mistakes.

• Audio recordings of provider visits or journal/diary entries that you consent to are used as described in our Privacy Policy, including for note-taking accuracy, session summaries, and optional AI-supported features.

5. User Conduct

You agree not to use the Platforms to:

• Violate any applicable law, regulation, or third party's rights;

• Impersonate any person or entity, or misrepresent your affiliation with a person or entity;

• Upload or transmit any content that is unlawful, harassing, threatening, abusive, defamatory, obscene, or otherwise objectionable;

• Post content that discloses another individual's personal or health information without their consent;

• Interfere with or disrupt the operation of the Platforms, including through introduction of viruses, malware, or other harmful code;

• Attempt to gain unauthorized access to any account, system, or network connected to the Platforms;

• Scrape, harvest, or otherwise collect information about other users without their consent;

• Use the Platforms for any purpose that is fraudulent, deceptive, or harmful to Float Doctor or any third party.

We reserve the right, but have no obligation, to monitor, review, remove, or restrict access to any content or account that we believe, in our sole discretion, violates these Terms.

6. User-Generated Content and Forum Posts

The FLOAT DR Forum may allow you to post, submit, or share content, including forum posts, comments, and other materials that may be viewed by other users (“User Content”).

7. AI Features

The Platforms incorporate artificial intelligence features that may operate in the background or interact with you directly, such as chatbots or journaling/diary tools. You will be notified when you are interacting with an AI feature. AI-generated content, summaries, or recommendations are provided for informational and support purposes only, may contain errors, and should not be relied upon as a substitute for professional advice from your provider. By using AI features, you consent to the processing of your data as described in our Privacy Policy, including use of data to refine and improve our AI models and features.

8. Intellectual Property

The Platforms, including all content, features, software, trademarks, logos, and materials (excluding User Content), are owned by Float Doctor, LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platforms for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works based on the Platforms except as expressly permitted by us in writing.

9. Third-Party Links and Services

The Platforms may contain links to third-party websites, services, or content that are not owned or controlled by Float Doctor, including social media platforms, chatbot vendors, payment processors, and advertising partners. We are not responsible for the content, privacy practices, or terms of any third-party sites or services. Your interactions with any third party linked through the Platforms are solely between you and that third party.

10. Privacy

Your use of the Platforms is also governed by our Privacy Policy, which describes how we collect, use, and share your personal data, and, where applicable, our HIPAA Notice of Privacy Practices. By using the Platforms, you consent to the collection and use of your information as described in those documents.

11. Disclaimers

THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORMS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INCLUDING AI-GENERATED CONTENT OR USER CONTENT, OBTAINED THROUGH THE PLATFORMS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOAT DOCTOR, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, EXECUTIVES, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE PLATFORMS, THESE TERMS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FLOAT DOCTOR AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE PLATFORMS OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO FLOAT DOCTOR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND DO NOT LIMIT LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY'S NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Float Doctor and its affiliates, officers, employees, directors, executives, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platforms, your User Content, or your violation of these Terms or applicable law.

14. Termination

You may stop using the Platforms and deactivate your account at any time by submitting a request through the Float Doctor Privacy Center or by contacting us at info@floatdr.net. We may suspend or terminate your access to the Platforms at any time, with or without notice, if we believe you have violated any of these Terms, engaged in fraudulent or harmful conduct, or for any other reason at our discretion. Upon termination, your right to use the Platforms will immediately cease, though provisions of these Terms that by their nature should survive termination (including Sections 8, 11, 12, 13, and 15) will survive.

15. Dispute Resolution and Governing Law

These Terms and any dispute arising out of or relating to them or your use of the Platforms will be governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws principles.

Before filing a claim, you agree to first contact us at info@floatdr.net so we can attempt to resolve the dispute informally. If a dispute is not resolved within thirty (30) days, either party may bring a claim exclusively in the state or federal courts located in Sheboygan County, Wisconsin, and you consent to the personal jurisdiction of those courts. You and Float Doctor each waive any right to a jury trial or to participate in a class action, to the fullest extent permitted by law.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will attempt to notify you through the Platforms or by other reasonable means before the changes take effect. Your continued use of the Platforms after any changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

17. Apple App Store and Google Play Additional Terms

If you access the FLOAT DR Forum app through the Apple App Store or Google Play, the following additional terms apply:

• These Terms are between you and Float Doctor only, and not with Apple Inc. or Google LLC. Float Doctor, not Apple or Google, is solely responsible for the app and its content.

• Apple and Google have no obligation to furnish any maintenance or support services for the app.

• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price, if any, for the app; to the maximum extent permitted by law, Apple and Google will have no other warranty obligation with respect to the app.

• Apple and Google are not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.

• Apple and Google are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

18. Miscellaneous

19. Contact Us

If you have any questions about these Terms, please contact us at:

Float Doctor

640 S Pier Dr

Sheboygan, Wisconsin

Email: info@floatdr.net

Phone: 920-698-0019

Text: 920-698-7011