1. Acceptance of Terms

Welcome to HelpMatch, LLC (“HelpMatch,” “we,” “us,” or “our”). By accessing or using our website, applications, and related services (collectively, the “Services”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Use (“Terms”), our Privacy Policy, and any additional terms applicable to specific services you may use, including our Terms of Service (“Terms of Service”). If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

• Leads or Patient Leads: Individuals who have expressed interest in healthcare services and are connected to Providers through the HelpMatch platform. Detailed definitions and terms related to Leads are provided in our Terms of Service.
• Providers: Healthcare professionals or entities that offer medical services and use the HelpMatch platform to connect with Leads.
• Terms of Service: Additional terms and conditions that apply to specific services provided by HelpMatch, including but not limited to billing agreements, credit pack renewals, auto-renewals, upgrading and downgrading plans, cancellations, refunds, invalid leads procedures, and money-back guarantees.

3. Overview of Services

HelpMatch provides a platform that connects Leads with Providers offering healthcare services. We focus primarily on lead generation and patient–provider matching. HelpMatch is not a healthcare provider and does not offer medical advice or treatment.

4. Eligibility

• Age Requirement for Leads/Patient Leads:
  • Age Requirement for Using the Matching Service:
    • You must be at least 13 years old to use our Services as a Lead or Patient Lead seeking a medical provider.
    • If you are under 18 years old, you may use the Services only with the involvement and consent of a parent or legal guardian.
    • By using the Services, you warrant that you are over 18 years old, or are being assisted by and have consent from a parent or legal guardian if you are between 13 and 17 years of age.
• Age Requirement for Providers:
  • To use our Services as a Provider, you must be at least 18 years old and capable of entering into a legally binding agreement.
• Compliance with Laws:
  • You represent and warrant that your use of the Services complies with all applicable laws and regulations.

5. User Accounts

• Account Creation: When creating an account, you agree to provide accurate, current, and complete information. You are responsible for updating your account information as necessary.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.
• Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without notice or liability, for any reason, including but not limited to violation of these Terms.

6. Scope of Terms

These Terms govern your general access to and use of the Services. Specific services, such as those involving billing arrangements, credit pack renewals, auto-renewals, upgrading and downgrading plans, cancellations, refunds, invalid lead procedures, and money-back guarantees, are governed by our Terms of Service. By utilizing these specific services, you agree to be bound by the additional terms outlined in the Terms of Service.

7. Conflict Between Terms

In the event of any conflict or inconsistency between these Terms and the Terms of Service, the Terms of Service shall control with respect to the specific services they govern.

8. Acceptable Use Policy

• Prohibited Activities: You agree not to:
  • Use the Services for any unlawful purpose.
  • Share, resell, or redistribute any information obtained through the Services.
  • Engage in any activity that could harm or disrupt the Services or other users.
  • Attempt to gain unauthorized access to any part of the Services or related systems.
• User Conduct: You are solely responsible for your interactions with other users and Providers. We reserve the right but have no obligation to monitor disputes between users.

9. Intellectual Property Rights

• Ownership: All content, features, and functionality on the Services, including but not limited to text, graphics, logos, and software, are the exclusive property of HelpMatch and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
• Trademarks: “HelpMatch” and all related names, logos, product and service names are our trademarks. You must not use such marks without our prior written permission.
• User Content License: By submitting any content to the Services, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display such content in connection with the Services.

10. Phone/Text Communications

• Transactional Communications: By voluntarily providing your mobile phone number to HelpMatch and agreeing to receive text messages, you expressly consent to receive SMS, MMS, or other text messages from us regarding transactional, operational, or informational purposes. These communications may include, but are not limited to, confirmations, reminders, and notifications related to your use of the Services. Message and data rates may apply. Message frequency may vary. You can opt out of receiving these messages at any time by following the instructions provided in the message or by contacting us directly.
• Marketing Communications: With your explicit consent, we may send you promotional messages about our products, services, offers, promotions, and events. You understand that your consent to receive marketing messages is not a condition of purchasing any goods or services. Message and data rates may apply. Message frequency may vary. You can opt out of receiving marketing messages at any time by following the instructions provided in the message or by contacting us directly.
• Representations and Indemnity: You represent that you are the account holder or have the account holder’s permission for any phone number you provide to us, and you agree to indemnify HelpMatch for claims arising from unauthorized use of a phone number in connection with our messaging programs.
• Participation Requirements: To receive text messages from us, you must have a mobile device capable of receiving text messages, be a subscriber to a wireless service, and have authorized access to the mobile phone account associated with the number you provide. Not all mobile devices or carriers may support these services. HelpMatch is not responsible for any delays in the receipt of messages.
• Opt-Out Instructions: You may opt out of receiving text messages from us at any time by replying “STOP” to any message you receive or by contacting us at support@helpmatch.com. After opting out, you may receive a final confirmation message acknowledging your opt-out request. Please note that opting out of receiving text messages may impact your use of the Services.
• Accurate Account Information: It is your responsibility to provide and maintain accurate contact information in your account profile. If you change your mobile number, you agree to update your account information promptly to ensure that communications are sent to the correct number.

11. Disclaimers and Limitation of Liability

• No Medical Advice: The content provided through the Services is for informational purposes only and is not intended as medical advice. Always seek the advice of a qualified healthcare provider with any questions regarding medical conditions or treatments.
• “As Is” Basis: The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied.
• Limitation of Liability: To the fullest extent permitted by law, HelpMatch and its affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Services. In no event shall HelpMatch’s total aggregate liability exceed the amount you have paid to HelpMatch in the past twelve (12) months, or one hundred dollars ($100), whichever is greater.
• Indemnification: You agree to indemnify, defend, and hold harmless HelpMatch and its affiliates, employees, agents, and third-party service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising from your use of the Services or violation of these Terms.

12. Third-Party Services and Content

• Third-Party Links: The Services may contain links to third-party websites or services that are not owned or controlled by HelpMatch. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
• Third-Party Providers: Services, content, and features offered by third parties are subject to their own terms and privacy policies. Your interactions with third-party providers are solely between you and those providers.

13. Privacy and Data Protection

• Data Collection: We collect and use personal information in accordance with our Privacy Policy.
• Data Sharing: Your information may be shared with matched Providers to facilitate connections, in compliance with applicable laws, including HIPAA when required.
• Data Security: We implement reasonable security measures to protect your information. However, we cannot guarantee absolute security and are not responsible for unauthorized access to your data.

14. Modification and Termination

• Changes to Terms: We reserve the right to modify these Terms and the Terms of Service at any time. Any changes will be effective immediately upon posting on the Services. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
• Termination of Services: We may modify or discontinue the Services, or any part thereof, at any time without notice or liability.

15. Dispute Resolution and Governing Law

• Governing Law: These Terms and any disputes arising out of or related to them or the Services shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions.
• Arbitration Agreement:
  • Agreement to Arbitrate: You and HelpMatch agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, shall be resolved by binding arbitration.
  • Arbitration Rules: The arbitration will be conducted in Martin County, Florida, under the rules of the American Arbitration Association.
  • Waiver of Jury Trial: You and HelpMatch waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, you and HelpMatch elect to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.
  • Waiver of Class or Consolidated Actions: All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other user. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor HelpMatch is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in the Governing Law section.
  • Exceptions: Notwithstanding the foregoing, both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

16. Disclaimer of Warranties

• No Warranty: HelpMatch does not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
• Third-Party Content: We make no warranties regarding the accuracy or reliability of any information provided by Providers or other users.

17. Limitation of Liability

• Maximum Liability: In no event shall HelpMatch’s total aggregate liability exceed the amount you have paid to HelpMatch in the past six (6) months, or one hundred dollars ($100), whichever is greater.

18. Indemnification

You agree to indemnify and hold harmless HelpMatch, its affiliates, officers, directors, employees, agents, and third-party service providers from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms or the Terms of Service, or your infringement of any intellectual property or other rights of any third party.

19. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

20. Entire Agreement

These Terms, along with our Privacy Policy and any applicable Terms of Service, constitute the entire agreement between you and HelpMatch regarding the use of the Services and supersede any prior agreements between us on the subject matter.

21. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

22. Contact Information

If you have any questions about these Terms, please contact us at support@helpmatch.com.

23. Electronic Communications

By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Services.

24. Force Majeure

HelpMatch shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond HelpMatch’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

25. Assignment

You may not assign or transfer these Terms or your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, including any rights or obligations hereunder, at any time without notice or consent.

26. Feedback

We welcome your feedback and suggestions about how to improve the Services. By submitting feedback, you agree that we are free to use it without any restriction or compensation to you.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.