Terms & conditions

Terms & conditions

Terms & conditions

Effective Date: January 1, 2025
Last Updated: January 1, 2025
Version: 1.0


1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("Patient," "User," "you") and Tengrium Health, Inc. ("Tengrium Health," "Tengrium," "we," "us," "our"), a Florida corporation with its principal place of business in Florida, United States. These Terms govern your access to and use of Tengrium Health's technology health platform, including our website, mobile applications, and all related services (collectively, the "Platform" or "Services").

By creating an account, accessing the Platform, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Platform.


2. DEFINITIONS

For purposes of these Terms, the following definitions apply:

"AI Agentic Framework" means Tengrium Health's proprietary artificial intelligence and machine learning systems that assist Healthcare Providers in diagnosis, monitoring, treatment planning, and clinical decision-making.

"Asynchronous Consultation" means healthcare services provided through store-and-forward technology, where clinical information is collected and transmitted to Healthcare Providers for later review and response, without real-time interaction.

"Business Associate Agreement" or "BAA" means an agreement required under HIPAA between Tengrium Health and third-party service providers who create, receive, maintain, or transmit Protected Health Information on our behalf.

"Concierge MD Services" means subscription-based enhanced primary care services providing extended access to Healthcare Providers, including priority scheduling, extended consultation times, and comprehensive health management.

"Healthcare Provider" or "Provider" means a licensed physician, nurse practitioner, physician assistant, or other qualified healthcare professional credentialed by Tengrium Health to provide Services through the Platform.

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as amended, including the HIPAA Privacy Rule (45 CFR Part 160 and Part 164, Subparts A and E), the HIPAA Security Rule (45 CFR Part 164, Subparts A and C), and the HIPAA Breach Notification Rule (45 CFR Part 164, Subpart D).

"Protected Health Information" or "PHI" means individually identifiable health information that is created, received, maintained, or transmitted by Tengrium Health in any form (electronic, paper, or oral) as defined by HIPAA.

"Subscription" means your paid membership providing access to Tengrium Health Services on a recurring billing basis.

"Synchronous Consultation" means real-time, interactive healthcare services delivered through audio-video or audio-only telecommunications technology, allowing simultaneous communication between Patient and Healthcare Provider.

"Telehealth" or "Telemedicine" means the use of synchronous or asynchronous telecommunications technology to provide healthcare services, including assessment, diagnosis, consultation, treatment, and monitoring.


3. ELIGIBILITY REQUIREMENTS

3.1 Age Requirement

YOU MUST BE AT LEAST 21 YEARS OF AGE to use the Platform or Services. By using the Platform, you represent and warrant that you are at least 21 years old. Tengrium Health reserves the right to verify your age through government-issued identification or other acceptable verification methods. Users found to be under 21 years of age will have their accounts immediately terminated without refund.

3.2 Additional Eligibility Requirements

To use the Services, you must:

a) Be physically located in the United States, specifically in a state where Tengrium Health operates and where your Healthcare Provider is licensed;

b) Have the legal capacity to enter into a binding contract;

c) Provide accurate, complete, and current information during registration and maintain such information throughout your use of the Services;

d) Not be prohibited from receiving Services under applicable federal, state, or local laws;

e) Have access to appropriate technology (smartphone, tablet, or computer with internet connectivity, camera, and microphone for synchronous consultations);

f) Not have been previously suspended or terminated from the Platform for violation of these Terms.

3.3 Identity and Location Verification

For each consultation, you must:

  • Provide your current physical location (complete address);

  • Verify your identity as requested by Healthcare Providers;

  • Confirm you are located in a state where your assigned Provider is licensed.

Provision of false information regarding your identity, age, or location constitutes a material breach of these Terms and may result in immediate termination and potential legal action.


4. SCOPE OF SERVICES

4.1 Services Provided

Tengrium Health operates a technology health platform that facilitates the provision of telehealth services by independent Healthcare Providers. Services include:

a) Diagnosis and Assessment: Evaluation of health conditions, symptoms, and medical concerns through synchronous and asynchronous consultations;

b) Monitoring: Ongoing tracking of chronic conditions, treatment progress, and health metrics;

c) Treatment Planning: Development of personalized treatment plans, including lifestyle recommendations, therapeutic interventions, and medication management;

d) Concierge MD Services: Enhanced subscription-based primary care with extended provider access and comprehensive health management;

e) AI-Assisted Clinical Decision Support: Use of our proprietary AI Agentic Framework to assist Healthcare Providers with clinical analysis, pattern recognition, risk assessment, and treatment recommendations (see Section 5 for detailed AI disclosures).

4.2 Services NOT Provided

Tengrium Health does NOT:

a) Sell, fulfill, dispense, or distribute medications or prescriptions. If your Provider prescribes medication, you are responsible for obtaining prescriptions through your chosen licensed pharmacy. Tengrium Health has no control over pharmacy operations, medication availability, insurance coverage, or prescription costs;

b) Provide emergency medical services. The Platform is NOT for medical emergencies. See Section 10 for emergency protocols;

c) Guarantee specific medical outcomes or results;

d) Provide in-person medical services, physical examinations, surgical procedures, or treatments requiring hands-on intervention;

e) Serve as a substitute for ongoing relationships with local primary care physicians or specialists for comprehensive in-person care;

f) **Perform services prohibited by state or federal law via telehealth, including certain controlled substance prescriptions (see Section 4.5).

4.3 Standard of Care

Healthcare Providers using the Tengrium Health Platform are held to the same professional standard of care as providers delivering in-person healthcare services. Providers practice in accordance with:

  • The prevailing professional standard in the state where you are located;

  • Applicable state medical practice acts and regulations;

  • Their professional scope of practice and licensing requirements;

  • Evidence-based medical guidelines and best practices.

Tengrium Health ensures that all technology and equipment used in Service delivery meet or exceed the standards necessary to provide quality healthcare consistent with this standard of care.

4.4 Provider-Patient Relationship

A provider-patient relationship is established when you have a consultation with a Healthcare Provider through the Platform. This relationship is between you and the individual Provider who treats you. Tengrium Health facilitates this relationship but is not itself a healthcare provider and does not practice medicine.

Healthcare Providers maintain independent professional judgment and clinical autonomy. Tengrium Health does not direct or control the clinical decisions made by Providers.

4.5 Prescription Policy and Limitations

Prescription Authority: Healthcare Providers may prescribe medications within their scope of practice and in accordance with state and federal laws. However:

a) Controlled Substances - Schedule II: Providers generally CANNOT prescribe Schedule II controlled substances via telehealth except in limited circumstances permitted by Florida law (treatment of psychiatric disorders, inpatient hospitalization, hospice care, or nursing home residents);

b) Controlled Substances - Schedule III-V: Providers may prescribe Schedule III-V controlled substances via telehealth in compliance with Florida Statute §456.47 and DEA regulations, provided the Provider is designated as a controlled substance prescribing practitioner;

c) Physical Examination Requirements: Florida law requires an in-person physical examination before initially prescribing controlled substances (Schedules II-IV) for chronic nonmalignant pain or acute pain. Renewal prescriptions may be issued via telehealth;

d) Prohibition on Questionnaire-Only Prescribing: Providers will not prescribe medications based solely on electronic questionnaires without conducting an appropriate patient evaluation;

e) Abortion Medications: Florida law prohibits prescribing abortion medications via telehealth (Florida Statute §456.47(2)(f));

f) Prescription Fulfillment: You are solely responsible for filling prescriptions at a licensed pharmacy of your choice. Tengrium Health does not dispense, deliver, or ship medications.

4.6 When Telehealth Is Inappropriate

Healthcare Providers will determine when telehealth services are inappropriate for your condition and will refer you to in-person care when necessary, including but not limited to:

  • Conditions requiring hands-on physical examination for accurate diagnosis;

  • Emergency or urgent medical situations;

  • Symptoms suggesting serious acute conditions (chest pain, stroke symptoms, severe trauma, acute abdominal pain);

  • Situations where technology limitations prevent adequate assessment;

  • Initial evaluations for certain controlled substance prescriptions;

  • Pediatric assessments requiring developmental evaluation;

  • Patients unable to communicate effectively via telecommunications technology.

You acknowledge and agree that telehealth has inherent limitations compared to in-person care and that certain conditions cannot be adequately diagnosed or treated remotely.


5. ARTIFICIAL INTELLIGENCE DISCLOSURE AND INFORMED CONSENT

5.1 AI Use Disclosure

Tengrium Health utilizes an AI Agentic Framework incorporating artificial intelligence and machine learning technologies to assist Healthcare Providers with clinical decision-making. You are hereby notified that AI technology may be used in connection with your care.

5.2 How AI is Used

Our AI Agentic Framework assists Healthcare Providers by:

a) Analyzing medical data, symptoms, and clinical information you provide; b) Identifying patterns and risk factors based on historical health data; c) Generating diagnostic hypotheses for Provider consideration; d) Recommending evidence-based treatment options; e) Monitoring treatment effectiveness and alerting Providers to concerning trends; f) Synthesizing medical literature and clinical guidelines relevant to your condition.

5.3 Human Oversight and Final Authority

IMPORTANT: While AI assists in clinical analysis, all medical decisions are made by licensed Healthcare Providers who retain full professional responsibility and clinical authority.

  • AI provides recommendations and insights that support clinical decision-making;

  • Healthcare Providers independently review, assess, and make final determinations regarding your diagnosis and treatment;

  • Providers may accept, modify, or reject AI-generated recommendations based on their clinical judgment;

  • You always have the right to ask your Provider about the role AI played in your care;

  • Your Provider will explain their clinical reasoning and answer questions about treatment recommendations.

5.4 AI Transparency Information

Algorithm Development: Our AI systems are developed using machine learning models trained on de-identified medical datasets, clinical literature, and evidence-based practice guidelines.

Training Data: Training datasets include diverse patient populations, though like all AI systems, our models may have limitations in representing all demographic groups and rare conditions.

Validation: Our AI systems undergo rigorous validation testing, continuous performance monitoring, and regular updates to maintain accuracy and safety.

Known Limitations:

  • AI systems may be less accurate for rare conditions or unusual presentations;

  • Performance may vary across different patient demographics;

  • AI cannot replace the clinical judgment, experience, and contextual understanding of human providers;

  • Technology limitations (connection quality, image resolution) may affect AI analysis.

Bias Mitigation: Tengrium Health implements ongoing bias detection and mitigation strategies, including:

  • Regular performance audits across demographic subpopulations;

  • Diverse training data collection;

  • Algorithm updates to address identified disparities;

  • Provider education on potential AI biases.

5.5 Regulatory Compliance

Tengrium Health's AI systems comply with applicable FDA regulations, including the FDA's guidance on Clinical Decision Support Software. Our systems are designed to support, not replace, Healthcare Provider decision-making and maintain appropriate human oversight.

5.6 AI Consent

By using the Services, you expressly consent to the use of AI technology to assist Healthcare Providers in analyzing your medical information and supporting clinical decisions. You acknowledge that:

  • You have been informed about AI use in your care;

  • You understand that Healthcare Providers maintain final decision-making authority;

  • You have the opportunity to ask questions about AI use;

  • You may request information about how AI was used in your specific care;

  • You understand the benefits and limitations of AI-assisted healthcare.

If you have concerns about AI use, you should discuss them with your Healthcare Provider before proceeding with Services.


6. PATIENT RESPONSIBILITIES

6.1 Accurate Information

You must provide complete, accurate, and truthful information, including:

  • Medical history, current symptoms, and health concerns;

  • Current medications, supplements, and treatments;

  • Allergies and adverse reactions;

  • Previous diagnoses and healthcare provider information;

  • Insurance information (if applicable);

  • Contact information and emergency contacts.

Failure to provide accurate information may compromise your care, lead to misdiagnosis, and result in termination of Services.

6.2 Compliance with Treatment Plans

You are responsible for:

  • Following Healthcare Provider instructions and treatment plans;

  • Taking medications as prescribed;

  • Attending scheduled follow-up consultations;

  • Monitoring your condition as directed;

  • Promptly reporting changes in symptoms or adverse reactions;

  • Seeking in-person care when recommended by your Provider.

6.3 Technology Requirements

You must:

  • Maintain adequate internet connectivity for consultations;

  • Ensure your device has functioning camera and microphone for synchronous video consultations;

  • Use the Platform in a private, quiet location appropriate for confidential medical discussions;

  • Test technology before scheduled appointments;

  • Promptly report technical difficulties.

6.4 Security Responsibilities

You are responsible for:

  • Maintaining confidentiality of your account credentials (username and password);

  • Preventing unauthorized access to your account;

  • Immediately notifying Tengrium Health of any suspected unauthorized account access or security breach;

  • Logging out after each session, especially on shared devices;

  • Using secure internet connections (avoiding public Wi-Fi for consultations when possible).

6.5 Prohibited Uses

You may NOT:

  • Use the Services for any unlawful purpose;

  • Provide false information regarding your identity, age, location, or medical history;

  • Impersonate another person;

  • Share your account credentials with others;

  • Use the Services to obtain prescriptions for illegal purposes or distribution to others;

  • Harass, threaten, or abuse Healthcare Providers or Tengrium Health staff;

  • Attempt to access, modify, or interfere with Platform systems or security measures;

  • Upload viruses, malware, or malicious code;

  • Copy, reverse engineer, or attempt to extract proprietary algorithms or technology;

  • Use automated systems (bots, scrapers) to access the Platform.

Violations may result in immediate account termination, reporting to law enforcement, and potential legal action.


7. SUBSCRIPTION TERMS, PAYMENT, AND BILLING

7.1 Subscription Model

Tengrium Health Services are provided on a subscription basis. By subscribing, you agree to pay recurring subscription fees according to the plan you select.

7.2 Subscription Plans

Available subscription plans include:

  • Monthly Subscription: Billed every 30 days

  • Quarterly Subscription: Billed every 90 days

  • Annual Subscription: Billed every 365 days

  • Concierge MD Plans: Premium subscriptions with enhanced services

Specific plan features, pricing, and terms are displayed on the Platform at the time of enrollment and are incorporated into these Terms by reference.

7.3 Automatic Renewal

YOUR SUBSCRIPTION AUTOMATICALLY RENEWS AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.

Important Auto-Renewal Disclosures (Required by Law):

a) Recurring Charges: Your payment method will be automatically charged at the beginning of each billing cycle;

b) Renewal Date: Your subscription renews on the same day of each month (monthly), quarter (quarterly), or year (annually) as your initial subscription date;

c) Subscription Amount: You will be charged the then-current subscription price, which may change with advance notice as described in Section 7.5;

d) Cancellation Deadline: To avoid charges for the next billing cycle, you must cancel at least 24 hours before your renewal date;

e) How to Cancel: Log into your account, navigate to "Subscription Settings," and select "Cancel Subscription," or contact customer support at support@tengriumhealth.com or [phone number].

7.4 Payment Authorization

By subscribing, you authorize Tengrium Health to charge your designated payment method (credit card, debit card, or other approved payment method) for:

  • Initial subscription fees;

  • Recurring subscription renewal fees;

  • Any additional services you purchase;

  • Applicable taxes.

You represent and warrant that you have legal authority to use the payment method provided.

7.5 Price Changes

Tengrium Health reserves the right to change subscription prices. We will provide you with at least 30 days advance notice of any price increase via email to your registered email address. Price changes will take effect on your next renewal date following the notice period. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

7.6 Payment Processing

  • Payment Processor: Payments are processed through third-party payment processors who are PCI-DSS compliant. Tengrium Health does not store complete credit card numbers on our systems;

  • Failed Payments: If a payment fails, we will attempt to process payment again. Repeated payment failures may result in suspension of Services;

  • Payment Updates: You are responsible for maintaining current payment information. Update your payment method in your account settings.

7.7 Taxes

Subscription fees do not include applicable federal, state, or local taxes. You are responsible for all applicable taxes, which will be added to your subscription charges where required by law.

7.8 Billing Disputes

If you believe you have been incorrectly billed, you must contact us within 30 days of the charge date at billing@tengriumhealth.com or [phone number]. We will investigate and respond within 30 days. During the investigation:

  • We will not pursue collections for the disputed amount;

  • We will not charge late fees on the disputed amount;

  • Your access to Services will continue unless termination is warranted for other reasons.

If we determine the charge was incorrect, we will promptly issue a refund to your original payment method.

7.9 No Insurance Billing

Tengrium Health does NOT bill health insurance companies. Services are paid directly by you. While you may submit claims to your insurance company for potential reimbursement, we do not guarantee insurance coverage or reimbursement. You are solely responsible for understanding your insurance plan's coverage policies.

7.10 Good Faith Estimates

In accordance with the No Surprises Act, Tengrium Health provides good faith estimates of expected charges for new patients or upon request. If your actual charges exceed the good faith estimate by $400 or more, you may be eligible for dispute resolution. Contact billing@tengriumhealth.com to initiate the patient-provider dispute resolution process.


8. CANCELLATION, REFUNDS, AND TERMINATION

8.1 Your Right to Cancel

You may cancel your subscription at any time without penalty. Cancellation is simple and available through the same online method used to subscribe:

To Cancel:

  1. Log into your Tengrium Health account at [website];

  2. Navigate to "Account Settings" > "Subscription Management";

  3. Click "Cancel Subscription";

  4. Follow the prompts to confirm cancellation;

  5. You will receive immediate email confirmation of cancellation.

Alternative Cancellation Methods:

  • Email: support@tengriumhealth.com with subject line "Cancel Subscription"

  • Phone: [phone number] during business hours (Monday-Friday, 9am-5pm ET)

  • Mail: Tengrium Health, Attn: Cancellations, [Address], Florida [ZIP]

8.2 Cancellation Effective Date

  • Cancellation takes effect at the end of your current billing cycle;

  • You will continue to have access to Services through the end of the paid period;

  • No charges will be made for subsequent billing cycles after cancellation;

  • You will receive email confirmation of cancellation and the date Services will end.

8.3 Renewal Reminders

For subscriptions longer than 45 days, Tengrium Health will send a reminder email 30-60 days before your subscription renews, including:

  • Renewal date;

  • Subscription amount to be charged;

  • Instructions for canceling if you wish to avoid renewal.

For monthly subscriptions, you may opt into reminder emails or review your renewal date anytime in your account settings.

8.4 Refund Policy

General Rule: Subscription fees are non-refundable except as described below.

Pro-Rated Refunds Available:

  • Billing Errors: Full refund if we incorrectly charged you;

  • Service Unavailability: Pro-rated refund if Services were unavailable due to Tengrium Health system failures for more than 48 consecutive hours;

  • Terms Changes: If we make material adverse changes to these Terms or subscription terms, you may cancel within 30 days of notice and receive a pro-rated refund for the unused portion of your current billing cycle.

No Refunds:

  • Partial month/quarter/year subscriptions (you are paying for access, not per-use);

  • If you simply change your mind after subscribing;

  • If you did not use Services during your subscription period;

  • If your account is terminated for violation of these Terms.

Refund Requests: Contact billing@tengriumhealth.com within 30 days of the charge in question.

8.5 Termination by Tengrium Health

Tengrium Health reserves the right to suspend or terminate your account and access to Services immediately, without prior notice or refund, if:

a) You violate these Terms; b) You provide false information regarding your identity, age, location, or medical history; c) You engage in fraudulent activity or payment disputes; d) You abuse, harass, or threaten Healthcare Providers or staff; e) You use Services for unlawful purposes; f) Your account remains inactive for 24 consecutive months; g) Repeated payment failures after notice and opportunity to cure; h) We determine that continued provision of Services poses risk to your health or safety; i) Required by law or regulatory authority.

8.6 Effect of Termination

Upon termination (by you or us):

  • Your access to the Platform and Services will cease;

  • You will no longer be able to access your account or medical records through the Platform (but see Section 8.7 regarding medical records access);

  • Any outstanding fees become immediately due;

  • Provisions of these Terms that by their nature should survive termination will remain in effect (including Sections 12, 13, 14, 16, 18, 19, and 20).

8.7 Medical Records Access After Termination

You retain the right to access your medical records even after account termination. To obtain your records after termination, submit a written request to records@tengriumhealth.com or mail to [Address]. We will provide records within 30 days in your requested format (electronic or paper). Reasonable, cost-based fees may apply as permitted under HIPAA.


9. HIPAA COMPLIANCE, PRIVACY, AND DATA SECURITY

9.1 HIPAA Covered Entity Status

Tengrium Health is a HIPAA Covered Entity and complies with all requirements of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, Security Rule, and Breach Notification Rule.

9.2 Protected Health Information

In providing Services, Tengrium Health collects, uses, maintains, and discloses your Protected Health Information (PHI), including:

  • Personal identifiers (name, address, date of birth, email, phone);

  • Medical history and current health conditions;

  • Symptoms, diagnoses, and treatment information;

  • Medications, allergies, and test results;

  • Healthcare Provider notes and clinical documentation;

  • Payment and insurance information;

  • Consultation audio, video, and text communications.

9.3 Notice of Privacy Practices

Tengrium Health's Notice of Privacy Practices is incorporated into these Terms by reference. The Notice of Privacy Practices provides detailed information about:

  • How we use and disclose your PHI;

  • Your rights regarding your PHI;

  • Our legal duties regarding your PHI;

  • How to exercise your rights;

  • How to file complaints.

You acknowledge receiving our Notice of Privacy Practices, available at [website URL] and provided during account registration.

9.4 Permitted Uses and Disclosures of PHI

Tengrium Health uses and discloses your PHI for:

Treatment: Providing, coordinating, and managing your healthcare, including:

  • Consultations with Healthcare Providers;

  • AI-assisted clinical analysis and decision support;

  • Care coordination with other healthcare providers (with your authorization or as permitted by law);

  • Referrals for specialized care.

Payment: Billing and payment processing activities, including:

  • Processing subscription payments;

  • Billing for additional services;

  • Payment dispute resolution.

Healthcare Operations: Activities necessary to operate Tengrium Health, including:

  • Quality assurance and improvement programs;

  • Provider credentialing and performance evaluation;

  • Business planning and development;

  • Compliance and legal functions;

  • Customer service.

Other Permitted Uses: As permitted or required by HIPAA, including:

  • When required by law (court orders, subpoenas);

  • Public health reporting;

  • Health oversight activities;

  • Law enforcement purposes (limited circumstances);

  • To avert serious threat to health or safety;

  • Workers' compensation;

  • As you authorize in writing.

Minimum Necessary Standard: Except for treatment purposes, we limit use and disclosure of PHI to the minimum necessary to accomplish the intended purpose.

9.5 Business Associate Agreements

Tengrium Health enters into Business Associate Agreements (BAAs) with third-party service providers who may access, create, receive, maintain, or transmit PHI on our behalf, including:

  • Technology infrastructure providers (cloud hosting, data storage);

  • Payment processors;

  • Customer service platforms;

  • Analytics and quality improvement vendors;

  • Legal and professional services firms.

All Business Associates are contractually required to comply with HIPAA and protect your PHI.

9.6 Your HIPAA Rights

You have the following rights regarding your PHI:

Right to Access: You may inspect and obtain copies of your PHI in our designated record sets. We will respond to your request within 30 days (with one possible 30-day extension). You may request electronic or paper copies. Reasonable, cost-based fees may apply for copies.

Right to Amendment: You may request that we amend your PHI if you believe it is inaccurate or incomplete. We will respond within 60 days (with one possible 30-day extension). We may deny requests that are not in our records, were not created by us, are not part of designated record sets, or are already accurate and complete. We will provide written explanation of denials.

Right to Accounting of Disclosures: You may request an accounting of disclosures of your PHI made in the previous six years (excluding disclosures for treatment, payment, healthcare operations, to you, pursuant to your authorization, and certain other exceptions). We will provide the accounting within 60 days (with one possible 30-day extension).

Right to Request Restrictions: You may request restrictions on how we use or disclose your PHI. We are not required to agree to your request except for disclosures to health plans when you have paid out-of-pocket in full. If we agree to a restriction, we must comply except in emergencies.

Right to Confidential Communications: You may request that we communicate with you about your PHI by alternative means or at alternative locations (e.g., sending communications to a P.O. Box instead of home address). We will accommodate reasonable requests.

Right to Notification of Breach: You have the right to be notified if your unsecured PHI is breached.

Right to File Complaints: You may file complaints with Tengrium Health or the U.S. Department of Health and Human Services Office for Civil Rights if you believe your privacy rights have been violated. We will not retaliate against you for filing a complaint.

How to Exercise Rights: Submit written requests to:

  • Email: privacy@tengriumhealth.com

  • Mail: Tengrium Health, Attn: Privacy Officer, [Address], Florida [ZIP]

  • Phone: [phone number]

9.7 Security Safeguards

Tengrium Health implements comprehensive administrative, physical, and technical safeguards to protect your PHI, including:

Technical Safeguards:

  • Encryption of PHI in transit (TLS 1.2+) and at rest (AES 256-bit);

  • Multi-factor authentication for system access;

  • Unique user IDs for all personnel;

  • Automatic session timeouts;

  • Audit logging and monitoring of system access;

  • Regular vulnerability assessments and penetration testing.

Administrative Safeguards:

  • Comprehensive security policies and procedures;

  • Workforce security and training programs;

  • Risk analysis and risk management programs;

  • Security incident response and breach notification procedures;

  • Business Associate Agreements with vendors;

  • Sanctions policy for violations.

Physical Safeguards:

  • Secure facilities with access controls;

  • Workstation security and positioning;

  • Device and media disposal procedures;

  • Facility access logs.

9.8 Breach Notification

In the event of a breach of your unsecured PHI, Tengrium Health will notify you within 60 days of discovery by first-class mail or email (if you agreed to electronic communications). The notification will include:

  • Description of what happened;

  • Date of the breach and date discovered;

  • Types of PHI involved;

  • Steps we have taken to investigate and mitigate harm;

  • Steps you can take to protect yourself;

  • Contact information for questions.

We will also notify the U.S. Department of Health and Human Services and, if 500 or more individuals are affected, prominent media outlets.

9.9 Data Retention

Tengrium Health retains your PHI in accordance with federal and state law requirements:

  • Medical records: Minimum 5 years from last patient contact (Florida requirement);

  • HIPAA compliance documentation: 6 years from creation or last effective date;

  • Longer retention if required by state statute of limitations or other legal requirements.

9.10 Secure Disposal

When retention periods expire, Tengrium Health securely disposes of PHI using:

  • Paper records: Shredding, pulping, or burning;

  • Electronic media: Cryptographic erasure, degaussing, or physical destruction per NIST standards;

  • Devices: Complete removal of PHI before reuse or destruction.

9.11 Privacy Policy

For additional information about our privacy practices, including information not covered by HIPAA (such as website cookies and analytics), please review our Privacy Policy at [website URL].


10. EMERGENCY SERVICES DISCLAIMER

10.1 NOT FOR EMERGENCIES

THE TENGRIUM HEALTH PLATFORM IS NOT INTENDED FOR MEDICAL EMERGENCIES. DO NOT USE THE PLATFORM FOR EMERGENCY SITUATIONS.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT DELAY SEEKING EMERGENCY CARE TO USE THE PLATFORM.

10.2 Examples of Medical Emergencies

Medical emergencies requiring immediate 911 call include but are not limited to:

  • Chest pain or pressure;

  • Difficulty breathing or shortness of breath;

  • Sudden or severe abdominal pain;

  • Signs of stroke (facial drooping, arm weakness, speech difficulty);

  • Severe bleeding or trauma;

  • Loss of consciousness or altered mental status;

  • Suicidal or homicidal thoughts;

  • Suspected overdose or poisoning;

  • Severe allergic reaction;

  • Seizures;

  • High fever with severe symptoms in children;

  • Any condition you believe threatens life or limb.

10.3 Emergency Protocols During Consultations

If a medical emergency occurs during a consultation:

  1. You or someone near you should call 911 immediately;

  2. Inform the Healthcare Provider that you are calling 911;

  3. Stay on the line with emergency services;

  4. Follow emergency dispatcher instructions;

  5. The Healthcare Provider may also attempt to contact emergency services on your behalf if you are unable to do so.

Location Verification: At the beginning of each consultation, you must provide your current physical address to enable emergency response if needed.

Disconnection During Emergency: If the consultation disconnects during an emergency situation, call 911 immediately. Do not spend time trying to reconnect with the Platform.

10.4 Limitations of Telehealth in Emergencies

You acknowledge and agree that:

  • Telehealth is not appropriate for emergency medical conditions;

  • Healthcare Providers cannot perform physical interventions or procedures remotely;

  • Technology failures may prevent communication during critical situations;

  • Emergency Medical Services (EMS) response times depend on your location and local resources;

  • Healthcare Providers may have limited ability to coordinate emergency care remotely.

10.5 When to Seek In-Person Care

In addition to emergencies, you should seek in-person medical care for:

  • Conditions requiring physical examination (suspicious lumps, acute abdominal pain, complex skin lesions);

  • Follow-up to abnormal test results requiring physical assessment;

  • Conditions not improving or worsening despite telehealth treatment;

  • Situations where your Healthcare Provider recommends in-person evaluation;

  • Any condition where you have concerns about adequacy of remote assessment.

10.6 After-Hours and Weekend Access

  • Healthcare Provider availability varies by subscription plan;

  • Concierge MD plans offer enhanced after-hours access;

  • Standard plans have specified availability hours;

  • Outside availability hours, seek care at urgent care centers or emergency departments as clinically appropriate.


11. TELEMEDICINE INFORMED CONSENT

11.1 Consent to Telehealth Services

By using Tengrium Health Services, you voluntarily consent to receive healthcare services via telemedicine. You acknowledge that you have been informed about telehealth and have the opportunity to ask questions.

11.2 Nature of Telemedicine

Telemedicine involves:

  • Delivery of healthcare services through telecommunications technology (audio-video or audio-only);

  • Communication between you and Healthcare Providers who may be located in different physical locations;

  • Transmission of your medical information (audio, video, images, text) over secure electronic networks;

  • Electronic storage of your medical information and consultation records.

11.3 Benefits of Telemedicine

Potential benefits include:

  • Convenient access to healthcare from your location;

  • Reduced travel time and costs;

  • Access to providers who may not be available locally;

  • Continuity of care for ongoing conditions;

  • Ability to receive care when in-person visits are impractical.

11.4 Risks and Limitations of Telemedicine

You understand and acknowledge the following risks and limitations:

Diagnostic Limitations:

  • Healthcare Providers cannot perform hands-on physical examinations;

  • Some diagnostic tests cannot be conducted remotely;

  • Certain conditions may be more difficult to diagnose without in-person assessment;

  • Misdiagnosis risk exists (as with in-person care), potentially increased due to inability to physically examine;

Technology Risks:

  • Technical difficulties may interrupt or prevent consultations;

  • Audio or video quality may be inadequate for proper assessment;

  • Technology failures could delay care;

  • Internet connectivity issues may affect consultation quality;

Security and Privacy:

  • Despite encryption and security measures, electronic transmission carries inherent risks;

  • Unauthorized access or breaches are possible, though we use industry-standard protections;

Emergency Limitations:

  • Telemedicine is inappropriate for emergencies;

  • Providers cannot provide hands-on interventions;

  • Emergency response depends on your ability to contact local emergency services;

Treatment Limitations:

  • Not all conditions can be treated via telemedicine;

  • Some prescriptions cannot be issued without in-person examination;

  • Follow-up in-person care may be necessary.

11.5 Alternative Options

You understand that alternatives to telemedicine include:

  • In-person visits with local healthcare providers;

  • Urgent care or emergency department visits;

  • Traditional primary care relationships.

You are not required to use telemedicine and may choose in-person care instead without affecting your future access to traditional healthcare services.

11.6 Technology Requirements

You are responsible for:

  • Ensuring adequate internet bandwidth for video consultations;

  • Using compatible devices (computer, smartphone, or tablet);

  • Maintaining functioning camera and microphone;

  • Conducting consultations in private, well-lit locations;

  • Testing technology before appointments.

11.7 Provider Credentials and Licensure

All Healthcare Providers are:

  • Licensed to practice in the state where you are located during consultations;

  • Credentialed and privileged by Tengrium Health;

  • Subject to the same professional standards and licensing board jurisdiction as in-person providers;

  • Covered by professional liability insurance.

You may request information about your Provider's credentials, licensure, and board certifications at any time.

11.8 Medical Records

Telemedicine consultations are documented in your medical record with the same standards as in-person visits, including:

  • Date, time, and duration of consultation;

  • Chief complaint and history;

  • Provider assessment and diagnosis;

  • Treatment plan and recommendations;

  • Prescriptions issued;

  • Follow-up plans.

You have the right to access these records as described in Section 9.

11.9 Consultation Recordings

Consultations are NOT routinely recorded by Tengrium Health. If recording is necessary for medical, educational, or quality assurance purposes, we will obtain your explicit written consent before recording. You may not record consultations without Healthcare Provider consent and advance notice.

11.10 Withdrawal of Consent

You may withdraw consent to telemedicine services at any time by:

  • Notifying your Healthcare Provider during a consultation;

  • Contacting customer support to discontinue Services;

  • Canceling your subscription.

Withdrawal of consent means you will no longer receive Services through the Platform but does not affect your access to medical records or other patient rights.


12. MEDICAL DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 No Guarantee of Results

TENGRIUM HEALTH AND HEALTHCARE PROVIDERS DO NOT GUARANTEE ANY SPECIFIC MEDICAL OUTCOME OR RESULT FROM SERVICES. Medical outcomes depend on numerous factors including your individual health status, adherence to treatment plans, disease progression, and factors beyond our control.

12.2 Telemedicine Limitations

You acknowledge that telemedicine services have inherent limitations compared to in-person care, and that diagnoses and treatment recommendations are made within the context of these limitations.

12.3 Provider Independence

Healthcare Providers on the Tengrium Health Platform are independent licensed professionals who maintain professional responsibility for clinical decisions. Tengrium Health:

  • Provides the technology platform facilitating Services;

  • Does not practice medicine;

  • Does not direct or control Provider clinical judgment;

  • Is not liable for Provider medical decisions, diagnoses, or treatments.

12.4 Platform "As Is" Provision

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENGRIUM HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE;

  • ACCURACY, RELIABILITY, OR COMPLETENESS OF PLATFORM CONTENT;

  • UNINTERRUPTED OR ERROR-FREE OPERATION;

  • SECURITY OR FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS.

Note: This disclaimer does NOT apply to core medical services provided by Healthcare Providers, which are subject to professional standards of care. This disclaimer applies to the technology platform itself.

12.5 Limitation of Liability for Platform Operations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

TENGRIUM HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM:

  • Use or inability to use the Platform;

  • Technology failures, interruptions, or errors;

  • Unauthorized access to or alteration of your transmissions or data;

  • Third-party statements or conduct on the Platform;

  • Any other matter relating to the Platform.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IMPORTANT: This limitation of liability does NOT apply to:

  • Medical malpractice claims against Healthcare Providers (which are subject to applicable professional liability standards);

  • Gross negligence, willful misconduct, or reckless conduct by Tengrium Health;

  • Violations of statutory duties that cannot be waived (e.g., HIPAA violations);

  • Claims where such limitations are prohibited by applicable law.

12.6 Maximum Aggregate Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENGRIUM HEALTH'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO TENGRIUM HEALTH IN SUBSCRIPTION FEES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

This limitation does NOT apply to medical malpractice claims against Healthcare Providers.

12.7 Professional Liability Insurance

All Healthcare Providers on the Tengrium Health Platform maintain professional liability insurance covering their provision of medical services. Claims for medical malpractice should be directed to the specific Provider involved in your care.

12.8 No Waiver of Malpractice Claims

NOTHING IN THESE TERMS WAIVES, LIMITS, OR RELEASES LIABILITY FOR MEDICAL MALPRACTICE WHERE A PHYSICIAN-PATIENT RELATIONSHIP EXISTS. Healthcare Providers remain fully liable for professional negligence in accordance with applicable medical malpractice laws and standards of care.


13. INTELLECTUAL PROPERTY RIGHTS

13.1 Tengrium Health Intellectual Property

All content, features, and functionality of the Platform, including but not limited to:

  • Text, graphics, images, logos, and visual displays;

  • Software, source code, and algorithms (including AI models);

  • Platform design, layout, and user interface;

  • Trademarks, service marks, and trade names;

  • Medical content, clinical pathways, and treatment protocols developed by Tengrium Health;

are owned by Tengrium Health, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

13.2 Limited License to Use Platform

Tengrium Health grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use in receiving healthcare services, subject to these Terms. This license does not include any right to:

  • Copy, reproduce, distribute, or create derivative works;

  • Reverse engineer, decompile, or disassemble the Platform or AI algorithms;

  • Rent, lease, loan, sell, sublicense, or transfer the Platform;

  • Use the Platform for any commercial purpose or for the benefit of any third party;

  • Remove or modify any copyright, trademark, or other proprietary notices.

13.3 Trademarks

"Tengrium Health" and associated logos and service marks are trademarks of Tengrium Health, Inc. All other trademarks, service marks, and trade names appearing on the Platform are the property of their respective owners. No license or right is granted to use any trademark without prior written permission.

13.4 Your Medical Information

While you own your medical information and have rights to access it, you grant Tengrium Health a license to use your de-identified and aggregated health information for:

  • Quality improvement and research purposes;

  • AI algorithm training and improvement;

  • Healthcare analytics and population health studies;

  • Regulatory reporting and public health purposes;

provided such use complies with HIPAA and does not identify you individually.

13.5 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Platform ("Feedback"), you grant Tengrium Health an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate such Feedback without compensation or attribution to you.

13.6 DMCA Compliance

Tengrium Health respects intellectual property rights. If you believe content on the Platform infringes your copyright, submit a DMCA notice to:

  • Email: legal@tengriumhealth.com

  • Mail: Tengrium Health, Attn: DMCA Agent, [Address], Florida [ZIP]

Include: (1) description of copyrighted work; (2) infringing material location; (3) contact information; (4) good faith belief statement; (5) accuracy statement under penalty of perjury; (6) physical or electronic signature.


14. USER-GENERATED CONTENT AND COMMUNICATIONS

14.1 Patient Communications

You may communicate with Healthcare Providers through the Platform via:

  • Synchronous video/audio consultations;

  • Secure messaging;

  • Asynchronous consultations (store-and-forward);

  • Health questionnaires and intake forms.

All communications are subject to HIPAA privacy and security protections.

14.2 Prohibited Content

You may NOT transmit through the Platform:

  • Content that is false, misleading, or fraudulent;

  • Abusive, threatening, harassing, or discriminatory content;

  • Content that violates others' intellectual property rights;

  • Spam, advertising, or promotional materials;

  • Viruses, malware, or harmful code;

  • Content depicting illegal activities;

  • Content that violates any applicable law.

14.3 Monitoring and Removal

Tengrium Health reserves the right (but has no obligation) to:

  • Monitor user communications for quality assurance, training, and compliance purposes;

  • Remove content that violates these Terms;

  • Terminate accounts of users who repeatedly violate content policies;

  • Report illegal content or activities to law enforcement.

14.4 Healthcare Provider Communications

Healthcare Provider communications are professional medical communications subject to:

  • Professional standards and ethical obligations;

  • HIPAA privacy requirements;

  • State medical practice acts;

  • Appropriate professional boundaries.

Providers are prohibited from engaging in inappropriate communications, including harassment, discrimination, or boundary violations.

14.5 Quality Assurance Monitoring

Communications may be monitored for quality assurance purposes, including:

  • Provider performance evaluation;

  • Compliance with medical standards;

  • Patient safety monitoring;

  • Platform improvement.

Monitoring is conducted in accordance with HIPAA requirements and professional standards.


15. AMENDMENT AND MODIFICATION OF TERMS

15.1 Right to Modify

Tengrium Health reserves the right to modify, amend, or update these Terms at any time. We will provide notice of material changes as described below.

15.2 Notice of Material Changes

For material changes that affect your rights or obligations, we will provide at least 30 days advance written notice via:

  • Email to your registered email address;

  • Prominent notice on the Platform;

  • In-app notification requiring acknowledgment.

The notice will include:

  • Summary of material changes in plain language;

  • Effective date of new Terms;

  • Link to complete revised Terms;

  • Your options (continue using Services = acceptance, or cancel subscription before effective date).

15.3 Non-Material Changes

For non-material changes (such as clarifications, formatting, or contact information updates), we will post updated Terms on the Platform with a new "Last Updated" date. Continued use of Services after posting constitutes acceptance.

15.4 Right to Reject Changes

If you do not agree to material changes, you may:

  • Cancel your subscription before the effective date of the new Terms;

  • Receive a pro-rated refund for the unused portion of your current billing cycle (calculated from the effective date of new Terms);

  • Access and download your medical records.

Cancellation due to Terms changes must be completed before the effective date. After the effective date, continued use of Services constitutes acceptance of revised Terms.

15.5 Version Control

We maintain version control of these Terms:

  • Current version number displayed at the top;

  • "Last Updated" date showing most recent modification;

  • Prior versions available upon request for your reference.


16. DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida and the federal laws of the United States, without regard to conflict of law principles.

State-Specific Variations: Where you receive Services as a patient located in a state other than Florida, the medical malpractice standard of care, Healthcare Provider licensing requirements, and patient protection laws of your state shall apply to the provision of medical services. Other provisions of these Terms remain governed by Florida law.

16.2 Venue and Jurisdiction

For Non-Arbitrated Claims:

Subject to the arbitration provisions in Section 16.3, you agree that any legal action arising from these Terms or the Services shall be brought exclusively in the state or federal courts located in [County], Florida, and you consent to the personal jurisdiction of such courts.

Exception for Medical Malpractice: Medical malpractice claims may be filed in accordance with the applicable law of the state where medical services were provided (where you were located during consultation), which may require filing in courts of that state.

16.3 Arbitration Agreement (Optional with Opt-Out Right)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Scope of Arbitration:

Except as specified below, you and Tengrium Health agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Platform, or the Services (including threshold questions of arbitrability) shall be resolved through binding individual arbitration rather than in court.

Exclusions from Arbitration:

The following claims are NOT subject to arbitration and may be brought in court:

  1. Medical Malpractice Claims: Any claim alleging negligence, malpractice, or professional misconduct by Healthcare Providers;

  2. Small Claims Court: Claims within the jurisdictional limits of small claims court;

  3. Intellectual Property Claims: Claims regarding trademarks, patents, copyrights, or trade secrets;

  4. HIPAA Violations: Claims alleging violations of HIPAA or other statutory healthcare privacy rights;

  5. Injunctive Relief: Claims seeking injunctive or equitable relief for immediate harm.

Arbitration Rules:

  • Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Healthcare Payor Provider Arbitration Rules (as applicable);

  • Arbitration shall take place in [County], Florida, or your county of residence (your choice);

  • Each party is responsible for their own attorneys' fees unless otherwise awarded by the arbitrator;

  • The arbitrator may award any relief available in court, including monetary damages and injunctive relief;

  • The arbitrator's decision is final and binding, subject to limited judicial review under the Federal Arbitration Act.

Class Action Waiver:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND TENGRIUM HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

30-Day Opt-Out Right:

YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. To opt out, you must send written notice within 30 days of first accepting these Terms to:

Tengrium Health
Attn: Arbitration Opt-Out
[Address]
[City], Florida [ZIP]
Email: legal@tengriumhealth.com

The opt-out notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration agreement. Opting out does not affect any other provisions of these Terms or your access to Services.

Severability of Arbitration Provision:

If any portion of this arbitration agreement is found to be unenforceable, the remainder shall continue in effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement shall be void.

16.4 Informal Dispute Resolution

Before initiating arbitration or court proceedings, you agree to first contact Tengrium Health to attempt to resolve the dispute informally:

  • Send written notice to: disputes@tengriumhealth.com

  • Include your name, contact information, description of dispute, and proposed resolution;

  • We will respond within 30 days;

  • Both parties agree to negotiate in good faith for 60 days before formal proceedings.

This informal process does not apply to emergency situations requiring immediate relief.

16.5 Time Limitation on Claims

You must bring any claim arising from these Terms or Services within two (2) years from the date the claim accrued, except:

  • Medical malpractice claims are subject to applicable state statute of limitations (typically 2-4 years depending on state);

  • HIPAA violations and statutory claims are subject to applicable statutory limitations periods.

Claims not brought within the applicable limitations period are permanently barred.


17. COMPLIANCE WITH LAWS AND REGULATIONS

17.1 Federal Compliance

Tengrium Health complies with applicable federal laws and regulations, including:

  • Health Insurance Portability and Accountability Act (HIPAA);

  • Federal Trade Commission Act and consumer protection regulations;

  • Federal Food, Drug, and Cosmetic Act (if applicable to AI systems);

  • Drug Enforcement Administration (DEA) controlled substance regulations;

  • No Surprises Act (billing and transparency requirements);

  • Americans with Disabilities Act (accessibility requirements).

17.2 Florida State Compliance

Tengrium Health operates in compliance with Florida laws, including:

  • Florida Statute §456.47 (Use of Telehealth to Provide Services);

  • Florida Statute §456.44 (Controlled Substance Prescribing);

  • Florida medical practice acts and regulations;

  • Florida Board of Medicine regulations;

  • Florida consumer protection statutes;

  • Florida automatic renewal and subscription laws.

17.3 Multi-State Compliance

Healthcare Providers on the Platform are licensed in the states where they provide Services. When you receive Services while physically located in a state other than Florida:

  • Your Provider must be licensed in your state;

  • Services comply with your state's telemedicine regulations;

  • Standard of care is determined by your state's law;

  • Prescribing complies with your state's pharmacy and controlled substance laws.

17.4 FDA Compliance for Medical Devices/Software

To the extent Tengrium Health's AI systems or software constitute medical devices under FDA regulations, we comply with applicable FDA requirements, including:

  • Clinical Decision Support Software guidance;

  • Medical device registration and listing (if applicable);

  • Quality System Regulation (QSR);

  • Adverse event reporting;

  • Predetermined Change Control Plans for software updates.

17.5 Accessibility Compliance

Tengrium Health is committed to ensuring the Platform is accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG 2.1 Level AA). If you experience accessibility barriers, contact accessibility@tengriumhealth.com.


18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Notice of Privacy Practices, constitute the entire agreement between you and Tengrium Health regarding the Services and supersede all prior agreements, representations, and understandings.

18.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, shall be severed. The remaining provisions shall continue in full force and effect.

This severability provision is particularly important given that healthcare regulations and enforceability standards vary across jurisdictions.

18.3 Waiver

No waiver of any provision of these Terms shall constitute a waiver of such provision in any other instance or of any other provision. Tengrium Health's failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without Tengrium Health's prior written consent. Tengrium Health may assign these Terms without restriction, including to any affiliate, successor, or purchaser of our business. Any attempted assignment in violation of this provision is void.

18.5 Force Majeure

Tengrium Health shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

  • Natural disasters (hurricanes, floods, earthquakes);

  • Pandemics or public health emergencies;

  • War, terrorism, or civil unrest;

  • Government actions or regulations;

  • Internet service provider failures;

  • Power outages or telecommunications failures;

  • Cyberattacks or other malicious activities.

During force majeure events, we will make reasonable efforts to resume Services as quickly as possible.

18.6 Notices

Notices to You: We may provide notices to you via:

  • Email to your registered email address;

  • In-app notifications or alerts;

  • Posted notices on the Platform;

  • U.S. mail to your registered address.

You consent to receive electronic communications and agree that electronic notices satisfy legal notice requirements.

Notices to Tengrium Health: You may provide notices to us via:

  • Email: legal@tengriumhealth.com

  • Mail: Tengrium Health, Inc., Attn: Legal Department, [Address], [City], Florida [ZIP]

Notices are deemed received: (1) for email, when sent to the specified address; (2) for mail, three business days after proper mailing.

18.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except that Healthcare Providers may enforce provisions protecting their professional independence and limiting liability for platform operations.

18.8 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and Tengrium Health or between you and Healthcare Providers. Healthcare Providers are independent contractors, not employees or agents of Tengrium Health.

18.9 Survival

The following provisions survive termination of these Terms: Sections 2 (Definitions), 8.6-8.7 (Effect of Termination, Medical Records Access), 9 (HIPAA and Privacy), 12 (Disclaimers and Limitation of Liability), 13 (Intellectual Property), 16 (Dispute Resolution), and 18 (General Provisions).

18.10 Electronic Signatures and Records

You consent to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices, policies, and records of transactions. You waive any rights or requirements under any laws requiring original signatures, delivery, or retention of non-electronic records.

18.11 Language

These Terms are drafted in English. Any translations provided are for convenience only. In the event of conflict between English and translated versions, the English version controls.

18.12 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.


19. CONTACT INFORMATION

For questions, concerns, or requests regarding these Terms or the Services, please contact:

Tengrium Health, Inc.
[Street Address]
[City], Florida [ZIP Code]

Customer Support:
Email: support@tengriumhealth.com
Phone: [Phone Number]
Hours: Monday-Friday, 9:00 AM - 5:00 PM ET

Privacy Inquiries:
Email: privacy@tengriumhealth.com
Privacy Officer: [Name/Title]

Billing and Payment:
Email: billing@tengriumhealth.com
Phone: [Phone Number]

Medical Records Requests:
Email: records@tengriumhealth.com
Fax: [Fax Number]

Legal Notices:
Email: legal@tengriumhealth.com
Mail: Tengrium Health, Inc., Attn: Legal Department, [Address]

Complaints:
If you have complaints regarding Services, you may file with:

  • Tengrium Health: complaints@tengriumhealth.com

  • Florida Department of Health: [Contact Information]

  • U.S. Department of Health and Human Services Office for Civil Rights (for HIPAA complaints): www.hhs.gov/ocr/privacy/hipaa/complaints


20. CONSENT AND ACKNOWLEDGMENT

20.1 Account Creation Consent

By clicking "I Agree" during account creation and creating a Tengrium Health account, you acknowledge and agree that:

  1. You have read these Terms and Conditions in their entirety;

  2. You have reviewed our Privacy Policy and Notice of Privacy Practices;

  3. You are at least 21 years of age;

  4. All information you provided is accurate and truthful;

  5. You agree to be legally bound by these Terms.

20.2 Healthcare Service Consents

Before receiving your first consultation, you will be required to provide separate informed consent for:

  • Telemedicine Services: Acknowledging the nature, benefits, risks, and limitations of receiving healthcare via telecommunications (see Section 11);

  • AI-Assisted Care: Consenting to the use of AI technology to assist Healthcare Providers in your care (see Section 5);

  • Emergency Services Understanding: Acknowledging that the Platform is not for medical emergencies and agreeing to call 911 for life-threatening situations (see Section 10).

20.3 Payment Authorization

When you subscribe to Services, you will separately authorize:

  • Recurring subscription charges to your payment method;

  • Automatic renewal of your subscription;

  • The specific subscription terms and pricing.

20.4 Continuing Consent

Your continued use of the Platform after receiving notice of modifications to these Terms constitutes acceptance of such modifications, unless you cancel your subscription before the effective date of changes (see Section 15).

These Terms and Conditions are effective as of January 1, 2025 and govern all use of Tengrium Health Services from that date forward.