End User License Agreement

1. Agreement and Acceptance

This End User License Agreement (“EULA”) is a binding agreement between PTDASH LLC (“PTDASH,” “we,” “us” or “our”) and the business or organization, and its authorized users, that access or use the PT-DASH platform and related services (the “Service”). By creating an account, connecting a third-party service (such as QuickBooks Online), clicking or checking a box to accept, or otherwise accessing or using the Service, you agree to this EULA, the PT-DASH Terms & Conditions, and the PT-DASH Privacy Policy, each of which is incorporated into this EULA by reference and available at ptdash.com/terms and ptdash.com/privacy. If you do not agree, do not access or use the Service. The individual accepting represents that they are at least 18 years old and authorized to bind the organization (“Customer”).

2. License Grant

Subject to Customer's compliance with this EULA and the Terms & Conditions and payment of applicable fees, PTDASH grants Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Service for Customer's internal business purposes during the applicable subscription term. The Service is licensed, not sold, and PTDASH and its licensors reserve all rights not expressly granted in this EULA.

3. Authorized Users

Customer may permit its employees and contractors (“Authorized Users”) to use the Service on its behalf. Customer is responsible for its Authorized Users' compliance with this EULA, for all activity under its account, and for maintaining the confidentiality and security of its credentials.

4. Restrictions

Customer and its Authorized Users shall not, and shall not permit any third party to: (a) copy, modify, translate or create derivative works of the Service except as expressly permitted; (b) reverse engineer, decompile or disassemble the Service or attempt to derive its source code, except to the extent applicable law prohibits this restriction; (c) rent, lease, sell, sublicense, distribute or make the Service available to third parties, or use it on a service-bureau or time-sharing basis; (d) use the Service, its outputs, Benchmark Data or non-public features to build, train or improve a competing product or to benchmark against PT-DASH; (e) circumvent or interfere with security, usage or rate limits, or access controls; (f) use the Service unlawfully or to infringe or misappropriate any third party's rights; or (g) submit protected health information or other prohibited information as described in the Terms & Conditions.

5. Ownership and Intellectual Property

The Service, software, models, algorithms, prompts, methodologies, benchmark datasets, content, trademarks and all related intellectual property are and remain the exclusive property of PTDASH and its licensors. This EULA grants only the limited license described above and transfers no ownership. Customer Data and PTDASH's Aggregated Data, Derived Data and Benchmark Data are governed by the Terms & Conditions.

6. Third-Party Services and Integrations

The Service may interoperate with third-party services such as QuickBooks Online and Stripe. Those services are governed by their own terms and privacy practices, and PTDASH is not responsible for them. Customer authorizes PTDASH to access and process information from a connected service within the scope of the permissions Customer grants, and may disconnect a connected service at any time as described in the Terms & Conditions.

7. Data, Privacy and Health Information

Customer's data is collected, used and processed as described in the Terms & Conditions and the Privacy Policy. The Service is a business-intelligence and decision-support tool and is not designed for, and does not require, protected health information or other individually identifiable patient information. Customer must not submit such information to the Service, as described in the Terms & Conditions.

8. Fees and Term

Access to the Service requires a current subscription and payment of applicable fees as described in the Terms & Conditions. This EULA and the license granted here remain in effect for the applicable subscription term and terminate automatically upon expiration or termination of the subscription, or upon Customer's breach of this EULA or the Terms & Conditions.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. Outputs of the Service, including AI-generated outputs, are informational only and do not constitute medical, clinical, legal, tax, accounting, coding, billing or other regulated professional advice. Additional disclaimers are set out in the Terms & Conditions.

10. Limitation of Liability

PTDASH's liability arising out of or relating to the Service and this EULA is limited as set out in the Terms & Conditions, including the exclusion of indirect, incidental and consequential damages and the aggregate liability cap, together with the savings clause stated there.

11. Termination

PTDASH may suspend or terminate the license and access as described in the Terms & Conditions. Upon termination, Customer must cease all use of the Service. Provisions of this EULA and the Terms & Conditions that by their nature should survive termination will survive.

12. Governing Law and Disputes

This EULA is governed by the laws of the State of Montana, United States, without regard to conflict-of-law principles, and any dispute is resolved as described in the Terms & Conditions, including the informal-resolution, binding-arbitration and class-action-waiver provisions stated there.

13. Entire Agreement

This EULA, together with the Terms & Conditions, the Privacy Policy and any applicable order form, constitutes the entire agreement between the parties regarding the Service and supersedes prior agreements on that subject. If there is a conflict between this EULA and the Terms & Conditions, the Terms & Conditions govern as to the subject matter addressed there.

14. Contact

Questions about this EULA may be sent to PTDASH LLC, Bozeman, MT, USA — hello@ptdash.com.