Terms of Service

Medcare Services Enterprise LLC, a Wyoming limited liability company doing business as OneYBT ("OneYBT," "we," "us," or "our"), provides YBT Health, an electronic health record and practice platform, together with its patient portal, YBT Meet, the video platform, and related websites, software, applications, content, products, and services in any media now known or later developed (the "Services"). These terms of service (this "Agreement") are a contract between you and OneYBT governing your access to and use of the Services.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

ANY DISPUTES BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, DISPUTES RELATING TO THE OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS FOR PROFESSIONAL NEGLIGENCE OR INJURY ARISING FROM YOUR CLINICAL CARE, ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ SECTION 12 BELOW, AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS. OPTING OUT WILL NOT AFFECT YOUR CARE.

THE SERVICES ARE NOT FOR MEDICAL OR PSYCHIATRIC EMERGENCIES. IF YOU ARE IN CRISIS, CALL OR TEXT 988, OR CALL 911.

ONEYBT AND MEDCARE SERVICES ENTERPRISE LLC ARE NOT AFFILIATED WITH, ENDORSED BY, OR APPROVED BY MEDICARE, THE CENTERS FOR MEDICARE & MEDICAID SERVICES, THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE SOCIAL SECURITY ADMINISTRATION, OR ANY OTHER GOVERNMENT AGENCY OR PROGRAM. THE COMPANY NAME IS A LEGAL ENTITY NAME ONLY AND DOES NOT INDICATE ANY GOVERNMENT AFFILIATION, SPONSORSHIP, OR APPROVAL.

READ THIS AGREEMENT CAREFULLY, AS IT PROVIDES, AMONG OTHER THINGS: (i) in Section 2, that your care is provided by an independent professional practice and not by OneYBT, which does not practice medicine; (ii) in Section 3, that the Services are not for emergencies; (iii) in Section 5, that your visit may be transcribed to support your clinician’s documentation, that audio from your visit may be kept temporarily to create the transcript and is then deleted, that we do not record video of your visit, that you are notified before you check in, that you should not join a visit if you do not agree to being transcribed, and that the transcript and draft note become part of the record your Practice keeps; (iv) in Section 8, that your Practice’s financial policy governs what you pay; (v) in Section 10, that we own the operational and technical data generated by the Services, that we take a broad license in any feedback you send us, and that we take no ownership of and no license to your protected health information; (vi) in Section 11, that we disclaim certain warranties and limit the damages you may recover from us; (vii) in Section 12, that you and we will arbitrate most claims individually instead of going to court, that you will not bring class or mass claims against us, that you must first send us an individualized written demand and allow sixty days for informal resolution, and that you may opt out of arbitration within thirty days without any effect on your care; and (viii) in Section 15, how we may modify this Agreement and that modifications never apply retroactively. You acknowledge that you will use the Services only if you agree to be legally bound by all terms and conditions in this Agreement. Your acceptance of this Agreement creates a legally binding contract between you and OneYBT.

In plain language, here is a summary of this Agreement. Only the terms outside this box are legally binding.

OneYBT runs the technology and handles the administration. Your care comes from an independent medical practice and its licensed clinicians, who make every clinical decision.

Your visit may be transcribed to help your provider write their notes. Audio may be kept temporarily to create the transcript, and is then deleted. We do not record video of your visit. You are told before you check in. The transcript and the draft note made from it become part of the record your practice keeps. If you do not agree to being transcribed, do not check in, and contact us before your appointment.

This is not an emergency service.

Section 12 requires most disputes to go to individual arbitration instead of court, and waives class actions and jury trials. You must write to us first and give us 60 days. You can opt out of arbitration within 30 days, and opting out will not affect your care.

Claims about your clinical care are not covered by Section 12. Those are handled separately with your practice.

1. This Agreement Is a Contract Between You and Us

1.1 Binding Contract. This Agreement is a contract between you and Medcare Services Enterprise LLC, doing business as OneYBT, located at 30 N Gould St Ste R, Sheridan, Wyoming 82801. Other than as expressly stated in Section 15.6, there are no third-party beneficiaries of this contract.

1.2 Agreement. You represent to us that you have read, understood, and expressly agree to be bound by this Agreement and the terms, conditions, and notices contained or referenced in it, whether you have created an account (and agreed to this Agreement when you created that account), booked a visit (and agreed to this Agreement at that time), or simply access or use any aspect of the Services, including by joining a visit from a link we send you (and agreed to this Agreement when you accessed or used the Services). If you do not agree to this Agreement, you may not use the Services.

1.3 Record of Your Agreement. We record when you checked in and the version of the visit notice you were shown; the practice records which version of its consent form you signed. You agree that this record is admissible evidence of the existence and terms of this contract.

1.4 Supplemental Terms. This Agreement governs the Services in general. Additional or more specific terms may apply to particular features, and will be presented to you when they apply. Supplemental terms are in addition to this Agreement and, in the event of a conflict, the supplemental terms prevail as to the feature they govern. Your agreements with your practice about your clinical care, including any consent to telehealth treatment and any patient arbitration agreement, are separate agreements with that practice and are not superseded by this Agreement.

1.5 Our Privacy Notice. Our Privacy Notice describes how we collect and use information, and is available at https://oneybt.com/privacy. It is provided for your information. It is a disclosure and is not incorporated into this Agreement, and it does not create any contractual term, representation, or warranty.

1.6 Amendments. We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Services or changes in law. If we make a material change to this Agreement, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms through the Services. We will give at least 30 days’ notice of material changes by email or in the Services. For changes that do not materially affect your rights, by continuing to use the Services after the change takes effect you will be deemed to have accepted them. No amendment applies retroactively, and no amendment applies to a dispute of which we had actual notice, or to a claim that had already arisen, before the amendment took effect. You may ask us for any prior version by writing to support@oneybt.com. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.

1.7 Eligibility. To use the Services you must be at least 18 years of age, or a minor whose parent or legal guardian has accepted this Agreement and consented to your care, or a minor permitted by applicable law to consent to your own care. You must be physically located in a state where your clinician is licensed at the time of each visit, must provide accurate and current information, and must have the legal capacity to enter into a binding agreement.

1.8 Guardians and Minors. If you are a parent or legal guardian accepting this Agreement so that a minor in your care may use the Services, you accept it in your own capacity and, to the extent permitted by law, on behalf of that minor. You represent that you have authority to consent to the minor’s care, you agree to supervise the minor’s use of the Services, and you are responsible for charges incurred in connection with their care. Where applicable law permits a minor to consent to their own care, the minor may be the person who accepts this Agreement for that care, and applicable law may require that information about that care be withheld from you. You must be 18 or older to create a portal account. Care for a minor is arranged with the practice; a parent or guardian’s consent is recorded by practice staff. We do not currently offer guardian accounts; where the law of the state in which care is provided requires one, we will provide it.

1.9 Accounts and Visit Links. Some features permit or require you to create an account. You agree that any information you provide and maintain is accurate, current, and complete. You agree not to impersonate or misrepresent your affiliation with any person or entity, or to provide false details for a parent or guardian. If you join a visit from a link rather than an account, that link is the means by which we identify you: you agree not to forward or share it, because any person holding it may be able to join your visit, and you agree to notify us promptly if you believe another person has obtained it.

1.10 Sign-In and Security. You agree not to share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your sign-in credentials, sign-in links and codes, and visit links, and for all activities under your account that you can reasonably control. You agree to notify us promptly of any unauthorized use of your account or of any other breach of security involving your account or the Services. Nothing in this paragraph limits our own obligations to safeguard your information under HIPAA and applicable law.

1.11 Compliance With Law. You are responsible for complying with all laws applicable to your use of the Services in the jurisdiction from which you access them, including any law governing the recording or transcription of conversations by you, and any law governing your own use or disclosure of information you obtain through the Services.

1.12 Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address or mobile number you have provided. You agree that these electronic notices satisfy any legal requirement that such communications be in writing. You are responsible for keeping your contact information current.

2. Who Provides Your Care

2.1 We Do Not Practice Medicine. OneYBT is a technology and administrative services company. It is not a professional corporation, does not employ clinicians, and does not practice medicine or any other licensed profession, and it offers no medical or other professional services.

2.2 Your Practice. Healthcare services are provided solely by the professional corporation or other professional entity through which your treating clinician practices (your "Practice") and by that Practice’s licensed clinicians. Your Practice and its clinicians are solely responsible for your care and for all clinical decisions, including diagnosis, medication, documentation, coding, and whether telehealth is clinically appropriate for you. Your relationship as a patient is directly between you and your Practice. You will never have a patient relationship with OneYBT.

2.3 What We Provide. We provide the software and administrative services your Practice uses to run its clinic, including scheduling, intake, the clinical record, electronic prescribing, messaging and telephone, insurance and claims support, and the patient portal. Clinical services listed anywhere in the Services are provided by your Practice; the software and the administrative services around it are provided by us.

2.4 Identifying Your Practice. We provide the Services to one or more independent professional entities. The Practice responsible for your care is identified in your booking or registration materials, in that Practice’s Notice of Privacy Practices, and in your visit records, and you may ask us at any time.

2.5 Separation Between Practices. Where we provide the Services to more than one Practice, each Practice is a separate legal entity and a separate covered entity under HIPAA. Your information is made available to your Practice and its clinicians, and is not shared with any other practice using the Services except with your authorization or as required by law.

2.6 Independent Professional Judgment. We do not control, direct, or interfere with the clinical judgment of any clinician, and no provision of this Agreement or of any agreement between us and any Practice authorizes us to do so. Nothing in this Agreement, and no statement made by us, constitutes an assumption by us of any liability of any Practice or clinician for clinical care.

3. Not an Emergency Service

THE SERVICES ARE NOT AN EMERGENCY OR CRISIS SERVICE.

If you or another person is in danger, or you are experiencing a mental health crisis, call or text 988 to reach the Suicide and Crisis Lifeline, or call 911. If you are able to do so, also go to your nearest emergency room.

Do not use the Services to seek help in an emergency. Never rely on the Services in an emergency.

4. Telehealth Services

4.1 Nature of Telehealth. Telehealth is the delivery of healthcare services using electronic communications, including video conferencing, secure messaging, and audio-only consultation where clinically appropriate. You are responsible for having a device with a reliable internet connection, a functioning camera and microphone, and a private environment for your visit.

4.2 Limitations. Telehealth is not appropriate for every condition. Your clinician may determine that an in-person visit or a referral to another provider is necessary. Visits depend on internet connections, devices, and third-party networks that may fail or degrade without warning, and a visit may be interrupted, delayed, or disconnected. If a visit cannot be completed for technical reasons, your Practice will arrange rescheduling consistent with its own policies.

4.3 Informed Consent. Before your first appointment, your Practice will ask you to provide informed consent to treatment by telehealth. This is required by law. In California, Business and Professions Code section 2290.5 requires your clinician to obtain and document your consent before delivering care by telehealth. Requirements vary by state, and the form of consent may differ depending on where you are located.

4.4 Location. You must be physically located in a state where your clinician is licensed at the time of each visit, and you must tell your clinician where you are. Your Practice may decline to provide a visit where your clinician is not licensed in the state you are in.

4.5 Prescribing. Your clinician may prescribe medication, including controlled substances where permitted by law, based on their clinical assessment. Prescribing practices comply with applicable federal and state law, including the Ryan Haight Online Pharmacy Consumer Protection Act. Certain controlled substance prescriptions may require an initial in-person evaluation, or a telehealth consultation meeting applicable regulatory standards, before they may be prescribed. Your clinician is required by law to consult state prescription drug monitoring programs before prescribing certain medications, and prescription information may be reported to those programs as state law requires.

4.6 Confidentiality and Its Limits. What you share with your clinician is confidential. Applicable law creates a small number of exceptions, which exist to protect people from harm. Where your clinician believes there is a serious risk of harm to you or to an identifiable other person, applicable law may require or permit your clinician to disclose limited information to persons able to prevent that harm, including a potential victim or law enforcement. Clinicians are also required by law to report suspected abuse or neglect. These obligations are imposed by law and cannot be waived by you or by us.

5. Transcription, Recording, and Automated Tools

5.1 Notice and Your Choice. You are notified before you check in that the visit may be transcribed and that audio is kept temporarily to create the transcript. That notice describes what will happen and is displayed before you decide whether to check in. Your clinician determines whether a visit is transcribed, and may also tell you at the start of the visit. We and your clinician each remain responsible for our own compliance with applicable law governing the transcription of conversations. Your clinician can stop transcription for the rest of a visit; what was already transcribed is kept. You may ask your clinician to do so. You may also contact us or your clinician before your appointment to discuss the alternatives available to you, or decline to check in. If a visit has begun and you do not wish to continue, you may leave the session at any time.

5.2 Transcription. Your clinician determines whether a visit is transcribed. Where a visit is transcribed, session audio is converted to text, either during the visit or shortly after it ends, so that your clinician does not have to type while speaking with you, and your clinician uses that text to prepare their clinical notes. Where the text is produced after the visit, the audio of each participant is stored temporarily on our systems, in encrypted form, solely to produce the transcript. Transcripts are usually produced within hours of the visit. Visit audio is deleted once the transcript is made, and in any case within 72 hours.

5.3 No Video Recording; Temporary Audio. We do not record video of your visit, and no video file of your visit is created or stored on our systems. Recording functionality is not available for patient visits. Session audio is not retained by us except temporarily as Section 5.2 describes, solely to produce the transcript, after which it is deleted.

5.4 Transcripts and Draft Notes. Where a visit is transcribed, the transcript and the draft note produced from it become part of the record your Practice keeps, and are kept under your Practice’s retention schedule and applicable law. In the video service, transcripts and summaries are deleted automatically after the period the practice chooses (1 to 30 days; 30 by default). Your clinician’s notes remain in the medical record your Practice maintains.

5.5 Consent of All Participants. California and a number of other states require the agreement of every participant in a conversation before it is recorded or transcribed. You are notified before you check in that your visit may be transcribed and that audio is kept temporarily to create the transcript, and by proceeding with the visit after that notice you agree to it. If another person will be present with you or will join your visit, you must tell your clinician so that person can be notified before the visit begins. Any participant may ask your clinician to switch transcription off, and your clinician will do so for the whole visit, or that participant may decline to take part or leave the session.

5.6 Who Processes Session Audio. The Services are hosted in AWS US West (Oregon). Visit audio is transcribed by speech recognition software we run ourselves in that environment and is not sent to an outside transcription service. AI drafting uses AWS Bedrock in the same region.

5.7 What We Do With Session Content. We use session audio, transcripts, and summaries for one purpose: to support your clinician’s documentation of your care, and to operate and secure the Services while doing so. We do not use them for advertising or marketing, we do not sell them, we do not disclose them other than as Section 7 and our business associate agreement with your Practice permit, and we do not use them to train models.

5.8 No Retained Speaker Identifiers; No Model Training. We do not retain a voiceprint, faceprint, or other identifier of you derived from your voice or image, we do not create any persistent speaker model, embedding, or template associated with you, and we do not use voice recognition to identify you. Nothing produced during your visit is stored or used to recognise you in any other session. We do not use your audio, video, transcripts, summaries, or other communications content to train our own or any third party’s artificial intelligence or machine learning models.

5.9 Accuracy. Automated transcripts and summaries are subject to error. Your clinician is responsible for what goes into your record. We make no representation as to the accuracy of any automated transcript or summary, and they are not a substitute for your clinician’s professional judgment.

5.10 Encryption. Session media is protected in transit by encrypted media protocols. This is not the same as end-to-end encryption. Because session audio may be processed for transcription, we do not represent that session media is end-to-end encrypted. Session video is not recorded or stored by us, and session audio is stored only temporarily as Section 5.2 describes.

5.11 Artificial Intelligence in Communications. Where we use generative artificial intelligence to produce a written or verbal communication to you concerning clinical information, that communication will disclose that it was generated by artificial intelligence and will tell you how to reach a person. In continuous written interactions such as chat, the disclosure appears throughout. This does not apply where a licensed clinician reviews the communication before it is sent. No artificial intelligence tool we use represents itself as a licensed health professional or uses titles or phrasing implying that care or advice is provided by one.

5.12 Automated Decisions. We do not use automated decision-making technology to determine whether you receive care, what care you receive, or whether services are covered. Licensed clinicians of your Practice make those determinations. Where software supports scheduling, triage, or documentation, a licensed clinician of your Practice is responsible for any clinical reliance on its output.

6. Communications

6.1 Generally. We communicate with you by email, text message, and telephone. Your consent to receive text messages, and any consent to receive marketing communications, is obtained separately and does not form part of this Agreement.

6.2 Email. We may send you email concerning your account, appointments, care, and administrative matters. You may opt out of non-essential email by contacting us.

6.3 Text Messages. If you opt in through our SMS Consent, we may send you texts about your appointments, forms, documents, sign-in, and your care. Message frequency varies. Message and data rates may apply. Reply STOP to stop texts; your consent is withdrawn and recorded. For help, email support@oneybt.com. You may revoke consent by any reasonable method, and we will process your revocation within ten business days.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE TEXT MESSAGES OR MARKETING COMMUNICATIONS AS A CONDITION OF USING THE SERVICES OR OF RECEIVING CARE.

6.4 Telephone. We may contact you by telephone concerning your care, appointments, and billing. We do not make marketing calls without your separate prior express written consent. You may ask us to limit telephone contact at any time. Calls to your Practice through the Services may be recorded, or you may leave a voicemail; you are told when a call is recorded.

6.5 No Sale of Contact Information. We do not sell, rent, or share your telephone number, your opt-in information, or your messaging consent records with any third party for that party’s marketing purposes.

7. Privacy and Protected Health Information

7.1 Roles. Your Practice is a covered entity under HIPAA and is the custodian of your medical record, and its Notice of Privacy Practices governs that record. OneYBT acts as your Practice’s business associate under a written business associate agreement and is directly responsible under HIPAA for safeguarding the protected health information it handles on your Practice’s behalf.

7.2 Information Sharing. We and your Practice share your health information with each other as needed for your treatment, for payment, and for healthcare operations, as HIPAA permits. We do not share it with any other practice using the Services except with your authorization or as required by law.

7.3 Electronic Communication. You acknowledge that electronic communication carries inherent risks to privacy, and you consent to the use of electronic means for the delivery of healthcare services and related communications.

8. Payment and Billing

8.1 Insurance. You are responsible for verifying that your plan is accepted and for understanding your coverage, including copayments, coinsurance, deductibles, and out-of-network costs.

8.2 Your Practice’s Financial Policy. Your Practice’s financial policy governs what you pay and when, including copayments, coinsurance, deductibles, and any charge for a missed or late-cancelled appointment. Payments are not taken through the app. The practice bills you and collects payment outside the app; the app submits insurance claims.

8.3 Self-Pay. If you do not use insurance, applicable rates will be discussed with you before your visit. If you are uninsured or not using insurance, federal law entitles you to a good faith estimate of expected charges before your appointment. Your Practice will provide that estimate and can explain how to dispute a bill that substantially exceeds it.

8.4 Balances and Collections. You are responsible for amounts not covered by insurance, including amounts resulting from denied claims for services rendered. Your Practice may refer unpaid balances to a collection agency, and you may be responsible for additional collection costs permitted by law.

8.5 Billing Disputes. If you believe a charge is incorrect, notify your Practice within ninety (90) days of the statement date so that it may investigate and, where appropriate, correct it. Raising a billing concern does not limit any right you have under applicable law.

9. Usage Rules

You agree not to do, or permit another person to do, any of the following, and these restrictions are a condition of your license to use the Services:

provide false, misleading, or inaccurate information during registration, booking, or in communications with clinicians;
use the Services for any unlawful purpose or in any manner inconsistent with this Agreement;
access data not intended for you, log into an account or visit link you are not authorized to access, or probe, scan, or test the vulnerability of any system or network;
damage, disable, overburden, or impair the Services or any connected network;
introduce any virus, worm, or other malicious or technologically harmful material;
access, monitor, copy, or extract data from the Services by means of any robot, spider, script, or other automated means, including for the purpose of creating or developing any artificial intelligence tool, data mining, or web scraping;
bypass, modify, defeat, tamper with, or circumvent any function or protection of the Services;
impersonate any person or entity, or misrepresent your affiliation with any person or entity;
harass, threaten, or abuse our personnel, any clinician, or any other patient;
share, distribute, or sell prescription medication obtained through the Services, or use the Services to obtain medication for any purpose other than a legitimate medical purpose;
record, transcribe, or otherwise capture any visit without the agreement of every participant;
publicly disclose or publish any benchmark, performance, or availability test or evaluation of the Services without our prior written consent; or
use the Services, or any information obtained from them, to build, train, or market a competing product or service.

Any attempt to perform any of the restricted actions listed above is a violation of our rights. We may remove or restrict access to content, features, or information, and may suspend or terminate your access, as provided in Section 14. Where terminating your access to the Services would affect ongoing clinical care, your Practice will address continuity of care consistent with its professional obligations.

10. Intellectual Property and Data Rights

10.1 Ownership. All content, features, and functionality of the Services, including text, graphics, logos, icons, images, software, and design elements, are our property or the property of our licensors, and are protected by the copyright, trademark, and other laws of the United States and international treaties. All rights not expressly granted to you are reserved.

10.2 Limited License. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your personal, non-commercial use as a patient, only for as long as the Services are made available to you and only in accordance with this Agreement.

10.3 Restrictions. Except as expressly permitted, you may not reproduce, distribute, modify, create derivative works of, publicly display, decompile, reverse engineer, or otherwise exploit any part of the Services, including in connection with the development, training, testing, or validation of any artificial intelligence or machine learning tool.

10.4 Your Medical Record. Nothing in this Section limits your right to obtain, use, or share copies of your own medical record, which is governed by HIPAA and applicable state law.

10.5 Feedback. If you send us any comment, suggestion, idea, remark, question, graphic, or other information about the Services (each, a "Submission"), you grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display that Submission in whole or in part, and to incorporate it into other works in any form, media, or technology now known or later developed. You agree that we are not required to treat any Submission as confidential, that we may use any Submission in our business, including for services, products, development, marketing, or advertising, without incurring any liability for royalties or other consideration of any kind, and that we incur no liability by reason of any similarity that may appear in our future operations or offerings. Nothing in this paragraph applies to protected health information, and you should not include protected health information or clinical detail in a Submission.

10.6 Your Health Information. We claim no ownership of and take no license to your protected health information. Your medical record is owned and maintained by your Practice, and our handling of protected health information is governed exclusively by HIPAA and by our business associate agreement with your Practice, and not by this Agreement. Nothing in this Section 10 grants us any right in your protected health information, and nothing in this Agreement authorizes us to use it for advertising, marketing, or the training of artificial intelligence or machine learning models.

10.7 Content You Provide. Other than protected health information, you retain ownership of any content you submit through the Services, including profile information, documents, and images. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and otherwise use that content solely as necessary to operate, secure, and provide the Services, to comply with applicable law, and to enforce this Agreement. This license ends when the content is deleted, except to the extent we are required by law to retain it or it is retained in routine backups.

10.8 Service Data. "Service Data" means data and information that we generate, derive, or collect in the course of operating and improving the Services and that neither identifies you nor constitutes protected health information, including configuration, provisioning, and account administration data; device, browser, operating system, network, and connection information; log, telemetry, diagnostic, error, crash, latency, quality-of-service, and performance data; records of features accessed and actions taken; security, fraud, and abuse signals; and statistical and aggregate measures derived from any of the foregoing. As between you and us, we own all right, title, and interest, including all intellectual property rights, in and to Service Data, and we may use, reproduce, modify, analyze, and create derivative works of Service Data for any lawful business purpose, including operating, securing, supporting, evaluating, developing, and improving the Services, producing benchmarks, statistics, industry reports, and marketing materials, and developing new products and features, and we may retain Service Data after this Agreement ends. Where information would otherwise identify you, we will de-identify or aggregate it before using it as Service Data. Nothing in this paragraph limits any right you have under the California Consumer Privacy Act or under any other law that does not permit those rights to be waived, and nothing in this paragraph applies to protected health information, which is governed exclusively by Section 10.6.

10.9 De-Identified and Aggregate Health Information. To the extent, and only to the extent, that our business associate agreement with your Practice expressly permits it, we may create de-identified information from protected health information in accordance with 45 CFR section 164.514 and use it for the purposes that agreement allows. We do not sell de-identified or aggregate information, we do not use it to train our own or any third party’s artificial intelligence or machine learning models, we do not attempt to re-identify it, and we impose the same restrictions on any recipient by written agreement. Our rights under this paragraph derive from that agreement and not from this Agreement, and nothing in this Agreement enlarges them.

10.10 Testimonials and Marketing. We will not use your name, image, voice, likeness, or any information about your care in any advertising, marketing, or promotional material unless you have signed a separate written authorization permitting that specific use. Any such authorization is voluntary, is never a condition of receiving care or of using the Services, and may be revoked in writing at any time, subject to any use already made in reliance on it.

10.11 Reservation of Rights. All rights not expressly granted to you in this Agreement are reserved by us and our licensors. No right or license is granted by implication, estoppel, or otherwise.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that access to or use of the Services will be uninterrupted, error-free, or secure at all times, or that defects will be corrected. We do not control or direct what clinicians or other users do or say, and, subject to the following paragraph, we are not responsible for their acts, omissions, or professional judgment.

11.1 Independent Providers. Healthcare services available through the Services are provided by independent licensed clinicians. We do not practice medicine and are not responsible for the professional judgment, acts, or omissions of any clinician. Your clinician is solely responsible for the care they deliver. Treatment outcomes vary by individual, and we do not guarantee any particular result.

11.2 Third-Party Services. The Services may link to or integrate with third-party websites and services that we do not control. We are not responsible for the content, privacy practices, or availability of those third-party services.

11.3 Not a Medical Device. You agree that the Services and any software we provide, even where also subject to a business associate agreement, do not include, constitute, or otherwise consist of any medical device, product, or service cleared or approved by the United States Food and Drug Administration, and are not themselves intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease, ailment, or condition. The Services transmit and document care that licensed clinicians of your Practice provide; they do not provide it.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST INFORMATION OR DATA, OR HARM TO REPUTATION, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE THOUSAND U.S. DOLLARS (US $1,000) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

The limitations in this Section apply to all claims, whether based in contract, tort, statute, or any other theory, and survive any finding that a limited remedy has failed of its essential purpose. Nothing in this Section limits or excludes liability that cannot lawfully be limited or excluded. In particular, and for the avoidance of doubt, this Section does not apply to claims for personal injury or professional negligence arising from clinical care, which are not subject to any contractual cap under this Agreement, and does not limit any right you have under the California Consumer Privacy Act or any other law that does not permit waiver.

12. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. YOU ARE AGREEING TO RESOLVE MOST DISPUTES BETWEEN YOU AND US THROUGH BINDING INDIVIDUAL ARBITRATION, AND THIS SECTION INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. YOU MAY OPT OUT WITHIN 30 DAYS UNDER SECTION 12.17. OPTING OUT WILL NOT AFFECT YOUR CARE, AND AGREEING TO ARBITRATION IS NEVER A CONDITION OF RECEIVING CARE.

What this Section does, in plain language

If you have a problem, write to us first and give us 60 days. We will offer to meet with you to try to resolve it.

If that does not resolve it, most disputes are decided by one arbitrator instead of a judge or jury, and only for you individually.

You give up the right to a jury trial and the right to take part in a class action.

You can opt out within 30 days, and opting out will not affect your care.

Claims about your clinical care are excluded from this Section, and you can always complain to a government agency or licensing board.

12.1 Scope. You and we agree to resolve, by binding individual arbitration as provided in this Section, all Disputes except for: (i) any claim within the jurisdiction of a small claims court, so long as it remains an individual claim in that court; (ii) any dispute relating to the ownership or enforcement of intellectual property rights; (iii) any claim for professional negligence, personal injury, or death arising from clinical care, which is governed by Section 12.13; and (iv) any claim for public injunctive relief, which is governed by Section 12.12. "Dispute" means any claim, dispute, action, or controversy, whether based on past, present, or future events and whether based in contract, tort, statute, or common law, between you and us concerning the Services or this Agreement.

12.2 Small Claims Court. Subject to applicable jurisdictional requirements, either you or we may elect to pursue a Dispute in small claims court rather than through the process in this Section, so long as the matter remains in that court and proceeds only on an individual basis. If a party has already filed an arbitration demand, the other party may inform the arbitral forum that it elects to have the Dispute heard in small claims court, and the arbitral forum will close the arbitration with no fees due from the respondent.

12.3 Informal Dispute Resolution; Condition Precedent. In the event of a Dispute, you and we agree to give each other a full and fair opportunity to resolve it informally before either of us commences a proceeding. The claiming party must send the other a written notice of Dispute. A notice of Dispute sent by you must be signed by you personally; a signature by counsel alone is not sufficient. It must set out your full name, mailing address, and the email address you provided when booking or on your account; detailed factual information sufficient to evaluate the merits of your individual claim, including relevant dates; the specific legal claim asserted; the specific relief sought, including any amount of money demanded and the means by which you calculated it; and, if you are represented, the name and contact information of your counsel. A notice of Dispute is valid only when it pertains to, and is brought on behalf of, a single individual. A notice of Dispute brought on behalf of more than one individual is invalid as to all of them, and no person, agent, or representative may give a notice of Dispute on behalf of another individual. A notice that omits any of the elements listed above, or that is submitted as one of a group of substantially identical notices lacking information specific to the individual claimant, is not a valid notice of Dispute. You must send notices to us at the address in Section 16. We will send notices to you using the contact information we have for you.

You and we will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date the notice of Dispute is sent. This period includes an individual meet-and-confer by telephone or videoconference addressing only the Dispute between you and us (the "Conference"). If you are represented by counsel, your counsel may participate in the Conference, but you must also participate individually. After the end of the sixty-day period, and not before, and only after completion of the Conference with respect to a claim, either party may commence arbitration regarding that claim. Any applicable limitations period is tolled while this process runs, and neither party may rely on the passage of this period as a defense. You agree that compliance with this Section 12.3 is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with it. Each party further agrees that a court or arbitrator may enter relief to enforce the requirements of this paragraph, including an order staying an arbitration or proceeding commenced in violation of it, and the party that failed to comply is responsible for the other party’s reasonable costs and attorneys’ fees incurred in enforcing it.

12.4 Arbitration Process and Rules. If a Dispute is not resolved through informal negotiation or in small claims court, it will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single neutral arbitrator. The Federal Arbitration Act, 9 U.S.C. sections 1 to 16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. Arbitration may be conducted by videoconference, by telephone, or through the submission of documents. Proceedings that require an in-person hearing will take place in the county where you reside or at another location you and we agree. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award relief, including declaratory or injunctive relief, only in favor of the individual party seeking relief and only to the extent necessary to satisfy that party’s individual claim. An arbitration award has no preclusive effect in any other arbitration or court proceeding involving us and a different individual. If the American Arbitration Association is unwilling or unable to administer an arbitration under this Section in accordance with its rules then in effect, you and we will select a mutually agreeable alternative administrator that follows consumer arbitration procedures substantially similar to the Consumer Arbitration Rules, and if you and we cannot agree within thirty (30) calendar days, either party may ask a court identified in Section 15.2 to appoint one. If no administrator will administer the Dispute on an individual basis, the Dispute will be resolved in a court identified in Section 15.2, and the remainder of this Section, including Section 12.7, continues to apply.

12.5 Fees. If we initiate an arbitration against you, we will pay all costs associated with it, including the entire filing fee. If you initiate an arbitration, we will pay the fees allocated to us under the applicable rules, and we will pay the fees allocated to you where those rules or applicable law so require. Either party may bring a qualifying individual claim in small claims court instead of arbitration.

12.6 Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Section, including the arbitrability of any Dispute, whether the requirements of Section 12.3 have been satisfied, and any claim that all or any part of this Section is void or voidable. The sole exception is that a court, and not the arbitrator, determines the enforceability of the class action waiver in Section 12.7.

12.7 CLASS ACTION WAIVER. YOU AND WE AGREE TO WAIVE CLASS ACTION PROCEDURES. NEITHER YOU NOR WE WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR TO SEEK RELIEF ON A CLASS BASIS.

The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, consolidated, or representative proceeding. No arbitration or proceeding may be combined with another without the prior written consent of all parties to the applicable proceedings. You also waive any right to serve as a class representative, to participate as a class member in any class action against us, and to recover from any class settlement or judgment relating to a claim you could have brought individually.

This class action waiver is not severable from the agreement to arbitrate. If this waiver of class or consolidated actions is deemed invalid or unenforceable as to any claim or request for relief, then neither you nor we are entitled to arbitration of that claim or request, which will instead be resolved in a court identified in Section 15.2, and the remainder of this Section continues to apply to all other claims. In no event will any class, collective, consolidated, or representative proceeding be conducted in arbitration.

12.8 Coordinated Filings; Staged Arbitrations. If twenty-five (25) or more Disputes of a substantially similar nature are asserted against us by or with the assistance of the same law firm, group of law firms, organization, or coordinated group within a one hundred eighty (180) day period (a "Coordinated Filing"), the following procedures apply in addition to Section 12.3. Disputes are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

The parties will select ten (10) Disputes, five (5) chosen by each side, to be filed and arbitrated first (the "Initial Arbitrations"). The remaining Disputes are held in abeyance and are not filed while the Initial Arbitrations proceed. We will pay the administrator’s costs for the Initial Arbitrations. No filing or administrative cost is due from any party for a Dispute held in abeyance, and all applicable limitations periods, including the one-year period in Section 12.11, remain tolled for every Dispute held in abeyance.

Either party may ask the administrator to appoint a single standing administrative arbitrator to determine threshold questions, including whether this Section applies, whether particular Disputes form part of a Coordinated Filing, and whether Disputes within a Coordinated Filing were submitted in accordance with Section 12.3. We will pay that arbitrator’s costs. Following the Initial Arbitrations, the parties will engage in a global mediation of the remaining Disputes, administered by the same administrator. If the remaining Disputes are not resolved within thirty (30) calendar days after that mediation, they will be filed and administered individually under the administrator’s rules.

Each Dispute is decided on its own facts by its own arbitrator. No claimant is bound by, and no arbitrator may give preclusive effect to, the outcome of any other claimant’s Dispute, and nothing in this Section limits any claimant’s right to an individual arbitration of their own Dispute or authorizes a class, collective, consolidated, or mass proceeding of any kind. Each Dispute asserted under this Section must independently satisfy Section 12.3.

12.9 Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing, either party may serve on the other a written offer to resolve the Dispute on specified terms. If the offer is accepted, the offer and proof of acceptance will be submitted to the arbitrator, who will enter an award accordingly. If the offer is not accepted before the hearing or within thirty (30) calendar days after it is made, whichever is earlier, it is deemed withdrawn and may not be given as evidence in the arbitration. The making, acceptance, or rejection of an offer under this paragraph does not shift any party’s costs, attorneys’ fees, or arbitral forum fees, and does not affect the allocation of fees under Section 12.5. This paragraph applies equally to both parties.

12.10 Frivolous Claims and Defenses. If the arbitrator finds that the substance of a claim or defense, or the relief sought, would violate the representation requirements of Rule 11 of the Federal Rules of Civil Procedure, the arbitrator has the same authority to award sanctions as that rule provides, to the extent permitted by law. This paragraph applies equally to both parties.

12.11 Time to Bring a Claim. To the fullest extent permitted by applicable law, any Dispute must be commenced within one (1) year after the date the claim arose, and a Dispute not commenced within that period is permanently barred. Where applicable law does not permit the shortening of a limitations period, the period provided by that law applies instead. This paragraph does not apply to claims governed by Section 12.13.

12.12 JURY TRIAL WAIVER AND PUBLIC INJUNCTIVE RELIEF. TO THE FULLEST EXTENT PERMITTED BY LAW, AND ONLY WHERE A DISPUTE IS NOT RESOLVED BY ARBITRATION UNDER THIS SECTION, YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. WHERE APPLICABLE LAW DOES NOT PERMIT A PRE-DISPUTE WAIVER OF A JURY TRIAL, THIS PARAGRAPH DOES NOT APPLY AND THE REMAINDER OF THIS SECTION IS UNAFFECTED.

A claim for public injunctive relief under California law is not subject to arbitration or to the class action waiver in Section 12.7, and may be brought in a court identified in Section 15.2. If a court determines that a claim for public injunctive relief may proceed, that claim will be stayed pending the outcome of any arbitrable claims.

12.13 Claims Concerning Clinical Care. This Section does not apply to any claim for professional negligence, personal injury, or death arising from clinical care. Those claims are governed by any separate patient arbitration agreement between you and your Practice, and otherwise by applicable law. Agreeing to arbitration under this Section is never a condition of receiving care.

12.14 Confidentiality. Except as necessary to enforce or challenge an award, to bring or defend a claim, to comply with applicable law, to communicate with a government agency or licensing board, or to obtain professional advice, the parties will keep confidential the existence, content, and result of any arbitration under this Section. Nothing in this paragraph restricts you from discussing your own experience with the Services.

12.15 No Assignment of Claims. You may not assign, transfer, or sell a Dispute against us to any third party for the purpose of aggregating it with other claims, and any purported assignment for that purpose is void. This paragraph does not limit the rights of your heirs, executors, or personal representatives.

12.16 Government Agencies. Nothing in this Section prevents you from filing a complaint with, or participating in an investigation or proceeding conducted by, any federal, state, or local government agency, or from reporting a concern to any licensing board.

12.17 Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@oneybt.com, or to the address in Section 16, no later than thirty (30) calendar days after first becoming subject to it. Your notice must be individualized, must be sent by you personally from or referencing the email address you provided when booking or on your account, and must include your full name, mailing address, and an unequivocal statement that you wish to opt out of this arbitration agreement. A notice that purports to opt out more than one individual is invalid as to all of them, and no person, agent, or representative may opt out on behalf of another individual. If you opt out, neither party can require the other to arbitrate, Disputes will be resolved in the courts identified in Section 15.2, and the remainder of this Section continues to apply, including Sections 12.3, 12.7, 12.11, and 12.12. Opting out will not affect your care, your account, or how you are treated.

12.18 Survival and Changes. This arbitration agreement survives the termination of your relationship with us, including any revocation of consent or other action by you to end your use of the Services. If we make a material change to this Section, the change will not apply to any Dispute of which we had actual notice, or to any claim that had already arisen, before the change took effect, and you may reject the change by written notice to support@oneybt.com within thirty (30) calendar days, in which case the version of this Section in effect immediately before the change will govern.

If you have questions or concerns about the meaning of any provision of this arbitration agreement, you may wish to seek the advice of an attorney.

13. Indemnification

You agree to defend, indemnify, and hold harmless Medcare Services Enterprise LLC, doing business as OneYBT, and its officers, directors, employees, and agents from and against all third-party claims, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your violation of applicable law or of the rights of any third party in connection with your use of the Services; or (b) your sharing, distribution, or sale of prescription medication obtained through the Services. This Section does not apply to any other claim, and nothing in it requires you to indemnify us for any claim arising from your ordinary use of the Services or from any error in information you provide.

This indemnity does not apply to any claim arising from our own negligence or misconduct, or to any claim relating to the clinical care you received. We will promptly notify you in writing of any claim subject to this indemnification and will provide the information reasonably required for its defense, and we reserve the right to appear and defend any action in which we are named.

14. Termination or Suspension

14.1 By You. You may stop using the Services at any time. If you have an account, you may ask us to close it by contacting us. If you use visit links rather than an account, you may ask us to stop sending them and to close your access. Termination does not relieve you of any outstanding payment obligation.

14.2 By Us. We may suspend or terminate your access to the Services, and terminate this Agreement subject to the survival provisions below, if required by law, or if we have objective reason to believe you have used the Services in violation of this Agreement. Where we take such action we will notify you where we are able to do so lawfully and it is appropriate in the circumstances.

14.3 Clinical Decisions. Decisions about whether your clinical care continues are made by your Practice and its clinicians, subject to their professional obligations regarding continuity of care and patient abandonment.

14.4 Records. After your account or access closes, your medical record is retained by your Practice as required by applicable law and its retention schedule. We retain personal information we hold in our own right only for as long as required by applicable law, by our business associate agreement with your Practice, or to resolve disputes. Our Privacy Notice describes our retention periods for your information; it is provided for your information only and, as stated in Section 1.5, is not incorporated into this Agreement.

14.5 Survival. The following provisions survive termination of this Agreement and continue to apply to claims arising before or after termination: Sections 1.3, 2, 5.7, 5.8, 7, 9, 10, 11, 12, 13, and 15.

15. Additional Provisions

15.1 Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 12. Nothing in this Agreement deprives you of the protection of any consumer or health privacy law of the state in which you reside that cannot be waived by agreement.

15.2 Choice of Forum. Any action arising out of or relating to this Agreement that is not subject to arbitration must be filed, and venue properly lies, only in the state or federal courts located in the county in which you reside or in Los Angeles County, California, at your election, and you and we consent and submit to the personal jurisdiction of those courts and waive any objection based on improper venue or forum non conveniens.

15.3 Severability. If any provision of this Agreement is unlawful, void, or unenforceable, that provision will be deemed amended to the minimum extent necessary to make it enforceable and, if it cannot be made enforceable, will be severed, and the remaining provisions will remain in full force and effect. The class action waiver in Section 12.7 is an exception and is not severable, as that Section provides.

15.4 Waiver. No waiver of any provision of this Agreement by us will be deemed a further or continuing waiver of that or any other provision, and our failure to assert any right or provision will not constitute a waiver of it. Any amendment to or waiver of this Agreement must be in writing and signed by an authorized representative of OneYBT.

15.5 Assignment. You may not transfer any of your rights or obligations under this Agreement without our written consent, and any attempted transfer is void. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

15.6 No Third-Party Beneficiaries. This Agreement does not confer any third-party beneficiary rights, except that your Practice and its clinicians may enforce Sections 2, 4, 5, 11.1, and 12.13 as they relate to clinical care.

15.7 Notices. We may provide notices to you by email to the address you provided, by text message to the number you provided, or by posting a notice in the Services. Notices sent by email are deemed received on the date sent. Legal notices to us must be sent to the address in Section 16 and must reference this Agreement.

15.8 Force Majeure. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, pandemics, acts of war or terrorism, government action, power outages, and internet or telecommunications failures.

15.9 Relationship of the Parties. Nothing in this Agreement creates a joint venture, partnership, employment, or agency relationship between you and us.

15.10 Entire Agreement. This Agreement, together with any supplemental terms expressly incorporated by reference, constitutes the entire agreement between you and us regarding your use of the Services and supersedes any prior agreements, communications, or understandings on that subject. Your agreements with your Practice concerning clinical care are separate and are not superseded.

15.11 Interpretation. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." This Agreement will not be construed against either party as the drafter.

16. Contact

OneYBT

Medcare Services Enterprise LLC, doing business as OneYBT

30 N Gould St Ste R, Sheridan, WY 82801

Email: support@oneybt.com

Legal notices: Bryan Bergman, bergman@bmblegal.com