Terms of Service — UnBound Health Pay, Inc.

These Terms of Service ("Terms") govern access to and use of the mobile messaging and payment collection platform (the "Service") operated by UnBound Health Pay, Inc. ("UBH," "we," "us," or "our"). By accessing or using the Service, you agree to these Terms.

The Service is offered to two categories of users: medical providers who contract with us to send messages and collect payments from their patients, and patients who receive SMS messages and may complete payments through the Service on behalf of their provider. Certain sections of these Terms apply only to providers and are marked accordingly.

The Service

UBH provides licensed medical providers with a platform to send billing statements, balance notifications, payment reminders, receipts, and related account communications to their patients via SMS, and to collect payments from those patients through an integrated payment processor. UBH is a technology platform; we do not provide medical, legal, financial, or tax advice.

Eligibility and Accounts (Providers)

To use the Service as a provider, you must be a licensed medical practice or authorized representative thereof operating in the United States. You must provide accurate registration information, keep your credentials secure, and promptly notify us of any unauthorized access. You are responsible for all activity under your account.

Provider Responsibilities

Providers are solely responsible for:

Obtaining valid consent from each patient before submitting that patient's mobile phone number to the Service. Consent must be express, written, and collected using the opt-in form provided or approved by UBH.
Retaining consent records in the patient's file for the duration required by applicable law (minimum four years under TCPA guidance).
Ensuring accuracy of patient contact information and account data submitted to the platform.
Executing and complying with a Business Associate Agreement (BAA) governing the handling of Protected Health Information.
Complying with all applicable laws, including HIPAA, TCPA, CAN-SPAM, state privacy laws, and carrier messaging policies.
Promptly removing patients from the Service upon receipt of an opt-out or withdrawal of consent.

Providers who submit phone numbers without valid, documented consent are in material breach of these Terms. UBH may suspend or terminate access, and providers bear full liability for any resulting claims, fines, or carrier penalties.

Patient Use of the Service

Patients receive SMS messages from the Service only after providing consent to their medical provider. Patients may opt out at any time by replying STOP to any message, and may reply HELP for assistance. Opt-outs are processed automatically and immediately, and no fee is charged for opting out.

Message and data rates from the patient's mobile carrier may apply. Message frequency varies based on account activity, up to five messages per month, per billing statement.

Payments

Payments submitted through the Service are processed by a PCI-compliant third-party payment processor. By submitting a payment, the patient authorizes the charge in the amount shown at checkout. UBH does not store full payment card numbers. Disputes regarding specific charges should be directed to the medical provider; disputes regarding unauthorized charges may also be addressed through the patient's card issuer.

Acceptable Use

You agree not to:

Use the Service to send messages without valid consent, or for any purpose other than legitimate billing and account communication
Send marketing, promotional, or solicitation messages through the Service
Send content that is unlawful, deceptive, harassing, threatening, or otherwise objectionable
Attempt to interfere with, reverse engineer, or disrupt the Service or its security
Impersonate any person or entity, or misrepresent your affiliation
Use the Service in violation of applicable law or carrier policy

Intellectual Property

The Service, including all software, content, trademarks, and design, is owned by UBH or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant providers a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose. All rights not expressly granted are reserved.

Third-Party Services

The Service integrates with third-party services, including telecommunications carriers, messaging infrastructure providers (such as Twilio), and payment processors. Your use of those services through our platform is subject to their respective terms. UBH is not responsible for the acts or omissions of third-party providers.

Privacy

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference.

Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. UBH does not warrant that the Service will be uninterrupted, error-free, or secure, or that any message will be successfully delivered.

Limitation of Liability

To the fullest extent permitted by law, UBH and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the Service or these Terms, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages. Our total aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amounts paid by the relevant provider to UBH in the twelve months preceding the claim, or (b) one hundred U.S. dollars ($100).

Indemnification

Providers agree to defend, indemnify, and hold harmless UBH and its officers, directors, employees, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the provider's breach of these Terms or any applicable law; (b) the provider's failure to obtain or maintain valid patient consent; (c) the content of messages submitted through the Service by or on behalf of the provider; or (d) the provider's use of the Service.

Termination

We may suspend or terminate access to the Service at any time, with or without notice, if a user materially breaches these Terms, engages in conduct that may expose UBH or other users to legal or reputational risk, or as otherwise required by law or carrier policy. Providers may terminate their account at any time by contacting us. Upon termination, provisions of these Terms that by their nature should survive (including Privacy, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and the parties consent to the personal jurisdiction of those courts. This section does not limit any rights patients may have as consumers under the law of their state of residence.

Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected in an updated "Last updated" date above, and, for providers, will be communicated through the provider portal or by email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Contact Us

UnBound Health Pay, Inc.

Legal & Compliance

compliance@unboundhealth.co