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Terms of Use

Effective September 1, 2024

1. Use of Pulse Protocol Platform.

a. Pulseprotocol.com (the "Platform") is provided by Pulse Protocol, Inc. (“Pulse”) to be used for communication purposes only. The Platform is a tool for and is intended to assist potential patients and agents of potential patients ("You" or "User"), personal care coordinators (“Coordinators”) and health care providers (“Providers”) to communicate for purposes of arranging medical treatment ("Treatment" or Procedure) for a User which will be comprised of one or more medical services ("Services") .

b. User understands that Pulse is not a medical service provider and does not dispense any medical advice. Pulse has not performed, and will not perform, any examination, medical or surgical evaluation of User to ratify or to be a second opinion as to the need or desirability of the Medical or Surgical Procedure, Pulse’s platform being exclusively to facilitate User in researching, scheduling, and communicating with Providers.

c. The decision to travel for medical care is User’s alone. Pulse will not accompany User during his or her travels nor will it provide transportation. User had an opportunity to consult directly with the Medical Provider.

d. User understands that User’s communication with the Medical Provider is between User and Medical Provider alone and in no way involves or imputes any disposition or consultation of medical advice by Pulse or Coordinator whatsoever. Pulse has not and will not, at any time during the provision of the Services, make any promises or warranties regarding outcome of the Medical or Surgical Procedure, or any of the risks involved during the Medical or Surgical Procedure or post¬operative risks. User should look to Medical or Surgical Provider alone for promises or warranties or likelihood of success.

e. You must be 18 years of age or older to have an account on the Platform.

2. Operating Standards.

The use of Pulse Protocol Platform to collect, use, and disclose protected health information (PHI) is governed by the following standards:

a. Legal Compliance. Pulse Protocol requires all users to collect, use, and disclose PHI in compliance with all United States and state laws, or the laws of such other pertinent jurisdictions, governing the privacy, security, and integrity of PHI and related data.

b. Data Collection and Format. Pulse Protocol will limit its collection of PHI data only to that which is necessary for facilitation of the Services, fulfilling its obligations to Users and Providers and for its own internal business purposes.

c. Data Use and Format. Pulse Protocol, Coordinators and Providers will use and disclose PHI and related data collected or received only for the purpose of delivering Services and in accordance with our Privacy Policy and governing law. Where a User has provided instructions relating to the use and disclosure of that User’s PHI, Provider, and Pulse Protocol to the extent applicable, will act in accordance with these instructions to the extent that the instructions are consistent with governing law, the Provider’s and Pulse Protocol’s business processes, and the Provider’s and Pulse Protocol’s legal and ethical obligations.

d. Data Integrity and Security. Pulse Protocol will implement appropriate physical, logical, and other safeguards to guard against data loss, theft, adulteration or other misuse of PHI under the control of Pulse Protocol. The method and amount of safeguarding necessary for data protection will depend on the type of data that is being protected and will be consistent with applicable laws. In the event Pulse Protocol either discovers or is notified of a breach of its Platform security system, Pulse Protocol will notify the applicable User and Provider so each can take protective actions.

e. Enforcement. Pulse Protocol has procedures in place to ensure ongoing adherence to these operating standards. Pulse Protocol encourages Users to raise any concerns that they may have regarding the way PHI is handled within the Pulse Protocol Platform by contacting Pulse Protocol at the phone number or email address listed below.

3. User Responsibility.

a. Pulse’s Platform requires delivery of Records to the Medical or Surgical Provider. User warrants and represents that it has reviewed the Records prior to upload to Pulse’s Platform for review by the Medical or Surgical Provider of all records, and that they are complete, accurate, current and presently correct in their description of all relevant history as to the date of User undergoing the Medical or Surgical Procedure.

b. User has been found upon medical testing and examination by persons and institutions other than Pulse to be in need of the Medical or Surgical Procedure described above or that the performance of the Medical or Surgical Procedure as elected to be done by User, is medically or surgically advisable, and that to the best of the knowledge of User that performance of the Medical or Surgical Procedure is, given the health condition of User at this time, not contraindicated. At no point has Pulse conducted any testing or examination or advised regarding same or regarding the need or advisability of the Medical or Surgical Procedure.

c. User acknowledges that he/she has not been given any promises or warranties by Pulse regarding the outcome of/or result of the Medical or Surgical Procedure. User understands that the result of the Medical or Surgical Procedure may vary and depend on many factors and variables and the results may or may not fall within guidelines or expectations which may have been discussed with provider.

4. Risks of Surgery.

a. General. User understands that rendition and performance of the Medical or Surgical Procedure carries risk of injury, disability and death, and that no one, not Pulse nor Medical or Surgical Provider, warrants otherwise or warrants success or a good result in the Medical or Surgical Procedure. User may be required by Medical or Surgical Provider to execute releases or other similar documents, indemnities and disclaimers before the Medical and Surgical Procedure will be performed or rendered by Medical or Surgical Provider. User voluntarily assumes all risk or any nature, foreseeable or otherwise in the rendition and performance of Medical or Surgical Procedure. User warrants that no one has made any representations regarding the success of the Medical or Surgical Procedure, and that User does not rely on any such representations by Pulse or any other person in contracting for the rendition of the Medical and Surgical Procedure.

b. Specific Risks. Specific risks of your surgery will be presented to you by the medical or surgical Provider. Pulse does not have any separate duty to inform you of risks of the procedure – the Provider alone is responsible for obtaining your informed consent, which includes disclosing all material risks of the procedure.

c. Insurance/Complication payments. Complication Insurance is required for some procedures and recommended for all procedures where the procedure or location is not covered by your personal health insurance. Complication Insurance is not included in your Pulse estimate or quote and is available for purchase for most procedures by an insurance carrier not affiliated with Pulse prior to the Medical or Surgical procedure. User has been appraised by Pulse of the availability of such a policy and it is up to the User to obtain Complications Insurance prior to performance of the Medical Procedure. Pulse can assist User with information regarding Complication Insurance, but is in no way responsible nor related to the issuance or approval of the insurance policy; the evaluation and decision to issue a Complication Insurance policy is the insurance carrier’s alone. If you fail to purchase complication insurance, you will be responsible for any charges over the quoted price due to said complications. For markets without complication insurance, the quoted price is for a standard procedure without any complications. Any charges above the quoted price resulting from complications will be billed directly to client by Provider. Pulse has no responsibility for these charges and the payment for these charges will not be handled by Pulse. These charges will be at the discretion of the hospital and Medical Provider.

d. Pre­ and Post­Operative Care. Pulse has not and does not perform any pre and post­operative care, treatment, testing or procedures whatsoever. It is up to the User to contact and secure both pre­ and post­operative care with their at­home physician or other physician of their choice. This includes pre­-surgery preparation and release of medical records. It also includes postoperative prescription medication, physical therapy, nutritional care and/or any other medical care required to ensure a successful recovery. User is solely responsible for arranging and conducting the same and discussing and evaluating the same with the Medical Provider or any other provider of User’s choosing.

5. Risks of Travel.

Certain risks are inherent in all travel. Deep vein thrombosis is a risk of all prolonged sitting, such as experienced in long flights. Also, visiting some countries comes with the risk of different infectious diseases or possible political unrest in the destination country. It is the client’s responsibility to take precautions for these risks, including obtaining vaccinations or medications recommended for visiting the area in which the procedure will be performed. Pulse bears no responsibility for any harms resulting from the risks inherent in travel, both those mentioned above and any other that may arise. Please speak with your primary care physician about all necessary preventative health measures.

6. Pricing for Products/Service.

All pricing for Services is set by Providers and will be provided in a detailed quote through the Platform. Each Treatment is subject to a fee to cover the costs associated with providing a patient-care Coordinator (“Trust & Support Fee”). Additional fees may apply for payment processing (“Processing Fee”).

7. Delivery of Payment for Services.

a. User hereby authorizes Pulse to debit User’s payment method(s) as requested by User through he Platform. User certifies that they are the owner of any payment methods provided through the Platform and will not dispute payments with their bank/credit card company; provided that the transactions correctly correspond with the terms of this agreement and their accepted quotation.

b. To secure a future service date, Pulse will collect a non-refundable deposit from the User for all services other than free consults.

c. All payments for Services are due at least 2 weeks prior to the procedure date. Payments must be made in US Dollars. User is responsible for any currency exchange or other bank payment fees.

d. User must acknowledge Service was performed according to the approved quote or dispute such delivery within the Pulse Platform within 3 days of Services being performed. IF PULSE RECEIVES NO ACCEPTANCE OR DISPUTE REQUEST WITHIN 3 DAYS, PULSE WILL TREAT THIS AS ACKNOWLEDGEMENT BY USER AND DELIVER FUNDS TO THE PROVIDER.

e. If User states Services were not rendered per the final Service quote, Pulse will work with User and Provider to try to resolve the dispute. If parties cannot come to a mutually agreeable resolution, the dispute will be handled according to the terms in Section 10 - Dispute Resolution. PAYMENT MAY BE WITHHELD BASED ON SERVICES NOT BEING PERFORMED AND CANNOT BE WITHHELD BASED ON THE OUTCOME.

8. Rescheduling, Cancelation, Refunds & Guarantee.

a. If the User cancels a service for any reason other than a personal medical emergency, they will forfeit their deposit and all paid Processing Fees. In addition to the deposit, an additional 10% of total Treatment cost will be withheld and forfeit if the User cancels within 48 hours of a scheduled treatment.

b. User may reschedule a booked Procedure for up to 1 year from the date of booking by paying a $100 re-booking fee. Pricing for the rescheduled Procedure if quoted after the expiration of the rescheduled quote will be based on Provider’s pricing at time of the new quote.

c. If the treating Provider determines at any time that they will not treat the User, User will be refunded their deposit and any payments towards the undelivered Services in full minus any Processing fees provided User is in full compliance with section 3 above. If Provider cannot perform a booked procedure due to breach of section 3 then Provider may retain up to 100% of deposit and paid funds based on the specific circumstances and their specific policies.

9. Limited Liability Waiver.

a. PULSE MAKES NO ENDORSEMENT OF ANY SPECIFIC PROVIDERS AND MAKES NO WARRANTY AS TO THE COMPETENCE OF MEDICAL OR SURGICAL PROVIDER, OR THE EXISTENCE OR STATE OF INSURANCE OF THE PROVIDER

b. PULSE HAS NO SPECIFIC KNOWLEDGE OF RISKS INVOLVED IN ANY SURGICAL PROCEDURE OR TRAVEL

c. COORDINATORS AND PROVIDERS ARE ALL INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF PULSE.

d. USER IS INFORMED THAT HE/SHE MAY HAVE LIMITED LEGAL RECOURSE ABROAD.

10. Dispute Resolution.

In the event that any claim or dispute arises between the parties, it shall be arbitrated before the American Arbitration Association (“AAA”), Los Angeles, CA office. Notice of the claim shall first be given by the aggrieved person, and if the claim is not resolved within 90 days of that notice, the aggrieved person shall demand arbitration before expiration of that 90 days or the claim is deemed waived, abandoned or forgiven by client. The party prevailing in any arbitration shall pay the other party’s reasonable attorneys’ fees and costs as allowed by AAA procedure.

11. Changes to this policy.

This policy will be revised, as necessary, to reflect any changes to current regulations governing patient confidentiality.

12. Contact Information.

Phone: +1-310-526-8266, Email: info@pulseprotocol.com, located in Pasadena, California in the United States.

13. General Provisions.

USER IS AWARE AND ACCEPTS THE MANY RISKS OF THE MEDICAL OR SURGICAL PROCEDURE AND UNDERSTANDS PULSE IS NOT A MEDICAL SERVICE PROVIDER OR ACTS IN ANY CAPACITY AS A MEDICAL OR SERVICE PROVIDER.

PULSE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT USER HAS OR MAY OBTAIN PRIOR TO, DURING OR POST THE MEDICAL OR SURGICAL PROCEDURE WHETHER FROM THE MEDICAL PROVIDER, USER’S HOME PHYSICIAN OR ANY OTHER PERSON. USER HAS FURTHER BEEN INFORMED THAT PULSE IS NOT IN ANY EVENT INVOLVED IN THE PROVISION OF THE MEDICAL OR SURGICAL PROCEDURE. USER HEREBY FULLY AGREED TO DEFEND, INDEMNITY, AND HOLD PULSE FREE FROM ANY AND ALL LIABILITY FOR ANY CLAIMS, ARISING DIRECTLY OR INDIRECTLY FROM OR ASSOCIATED WITH THE SERVICES.