Family Link Messaging is a software platform designed for skilled nursing facilities and healthcare organizations to automate and manage secure text-based communications with residents' designated family members and contacts. The Services may integrate with third-party electronic health record systems, including PointClickCare, to retrieve and log certain resident-related events and communications.

Family Link does not provide medical care, clinical decision-making, or medical advice.

You represent and warrant that:

• You are at least 18 years old.
• You have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.
• Your use of the Services complies with all applicable laws, regulations, and contractual obligations.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activities that occur under your account.
• Ensuring that information you provide is accurate and up to date.

You agree to notify us immediately of any unauthorized access or use of your account.

You agree not to:

• Use the Services for unlawful, fraudulent, or abusive purposes.
• Transmit content that is false, misleading, defamatory, or infringes the rights of others.
• Attempt to gain unauthorized access to systems, networks, or data.
• Interfere with or disrupt the integrity or performance of the Services.

We reserve the right to suspend or terminate access for violations of this section.

To the extent Family Link acts as a business associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), our obligations regarding protected health information (PHI) are governed by a separate Business Associate Agreement (BAA).

You are solely responsible for:

• Obtaining all required consents and authorizations from residents and family members.
• Ensuring that your use of the Services complies with HIPAA and other applicable healthcare laws.

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and protect information. You retain ownership of your data. By using the Services, you grant Family Link a limited right to process data solely to provide and improve the Services.

The Services may integrate with third-party platforms and services. Family Link is not responsible for the availability, accuracy, or security of third-party services and does not endorse them.

All rights, title, and interest in and to the Services, including software, documentation, and trademarks, are owned by Family Link or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services during the term of your subscription.

Certain Services require payment of fees pursuant to a subscription agreement or order form. Fees are non-refundable except as expressly stated in writing.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FAMILY LINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMILY LINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS.

FAMILY LINK'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FAMILY LINK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold harmless Family Link from any claims, damages, losses, or expenses arising from your use of the Services, violation of these Terms, or violation of applicable law.

We may suspend or terminate access to the Services at any time for violation of these Terms. Upon termination, your right to use the Services will immediately cease.

We may update these Terms from time to time. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

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

If you have questions about these Terms, please contact:

Family Link Messaging

Email: support@familylinkmessaging.com