Terms of Use

Checkmate Technologies LLC Terms of Use

Effective Date: [publish date]

Last Updated: [publish date]

These Terms of Use (“Terms”) govern the relationship and serve as a legally binding agreement between you and Checkmate Technologies LLC (“Checkmate”, “we”, “our”, or “us”) and its affiliates and subsidiaries, setting forth the terms and conditions by which you may access and use Checkmate’s mobile application (the “App”), website located at checkmate.health and care.checkmate.health (the “Website”), and all associated digital tools, booking portals, and concierge network features (collectively, the “Platform”).

All personal information and Protected Health Information (PHI) collected through the Platform is subject to our Privacy Policy. We act as a Business Associate as defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (collectively, “HIPAA”), transmitting ePHI on behalf of independent medical practice entities. Please consult the HIPAA Notice of Privacy Practices of the treating medical practice for detailed information regarding clinical records.

Please read these Terms carefully before accessing or using the Platform. The Platform is offered and available strictly to users who are eighteen (18) years of age or older. By accessing or using the Platform, you affirm that you are at least eighteen (18) years of age, legally competent, and agree to these Terms. If you do not agree to any portion of these Terms, you must not access or use the Platform.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES AS DETAILED IN SECTION 15.

1. MEDICAL DISCLAIMER & PLATFORM ROLE

Checkmate Technologies LLC is a technology platform and software developer; Checkmate is NOT a licensed healthcare provider, medical practice, or professional entity. The Platform is designed solely to facilitate scheduling, communication, data transmission, and local connectivity between users and independent licensed healthcare providers.

All clinical services, medical evaluations, diagnoses, prescriptions, lab testing orders, intravenous (IV) therapeutics, peptide-based care, sports medicine treatments, and concierge wellness checkups rendered to users are provided strictly by and through an independent medical entity, Kings Medical Services MDPC, and its affiliated licensed clinicians and healthcare service providers. No doctor-patient relationship is established between Checkmate Technologies LLC and you by reason of your access or use of the Platform.

The Platform itself does not provide medical advice or diagnosis. In the event of a medical emergency, call 911 or visit the nearest emergency room immediately.

2. HEALTHCARE PROVIDERS & KINGS MEDICAL SERVICES MDPC

(a) Independent Professional Entities. Healthcare service providers and clinicians accessible through the Platform (including those operating under or affiliated with Kings Medical Services MDPC) are independent contractors and are neither employees, agents, nor legal representatives of Checkmate. Kings Medical Services MDPC and its individual clinicians are solely responsible for all medical care, treatments, and clinical decisions.

(b) Qualifications & BAAs. All Providers accessible through the Platform are required to maintain active professional licensure, credentials, and professional liability insurance. Checkmate maintains executed Business Associate Agreements (“BAAs”) with Kings Medical Services MDPC to ensure all electronic Protected Health Information (ePHI) transmitted across the Platform is safeguarded in compliance with HIPAA and HITECH standards.

3. USER ACCOUNT, SECURITY & DELETION

(a) User Account Setup & Safeguards. To access concierge scheduling and digital services, you must create a User Account. You are responsible for keeping your account credentials confidential. Accounts are protected by secure sign-in (passwords or one-time passcodes, with optional biometric sign-in on the App), and data is encrypted in transit and at rest. You agree to notify us immediately at checkmate@checkmate.health of any suspected security breach.

(b) Accurate Information. You agree to provide true, accurate, and current registration and identity verification data. Providing false identity or medical history details may result in account suspension and termination.

(c) Account Deletion Rights. Users may request the deactivation and deletion of their Platform account at any time directly through the “Delete Account” setting within the mobile application (Settings > Delete Account) or by submitting a request to checkmate@checkmate.health. Account deactivation occurs immediately, and personal non-clinical data will be removed from active systems within 30 days. Medical records, lab results, and clinical transaction logs held by Kings Medical Services MDPC will be retained in accordance with statutory state medical record retention laws as required by HIPAA and state health boards. Full details: care.checkmate.health/policy/delete-account.

4. USER CONDUCT & PROHIBITED USES

You agree to use the Platform strictly for lawful purposes. You shall not, directly or indirectly:

Violate any federal, state, local, or international law, including HIPAA, health data privacy laws, or data export restrictions.

Impersonate any person, clinician, or entity, or misrepresent your health status or identity.

Use automated devices, web scrapers, spiders, or bots to harvest content, mine data, or train artificial intelligence (AI) / machine learning models on any Platform material.

Attempt to circumvent platform encryption, reverse engineer app code, or introduce malicious viruses, worms, or Trojan horses.

Establish unauthorized geofencing virtual perimeters around medical or clinical locations to collect or track consumer health telemetry.

5. COMMUNICATIONS & SUBMISSIONS

Any non-medical ideas, graphics, feedback, or technical suggestions submitted to Checkmate regarding Platform functionality (“Submissions”) shall become the exclusive property of Checkmate. Checkmate shall be entitled to unencumbered commercial use of such Submissions without compensation. Personal health data and ePHI are strictly excluded from this clause and are protected under our Privacy Policy and HIPAA Business Associate guidelines.

6. USER CONTRIBUTIONS & CONTENT STANDARDS

If the Platform permits message communications, concierge chat, or review postings (“User Contributions”), all such content must comply with standard legal and ethical guidelines. Content must not be defamatory, obscene, fraudulent, or infringing on third-party intellectual property. Checkmate reserves the right to remove non-compliant content and suspend offending accounts.

7. INTELLECTUAL PROPERTY RIGHTS

Checkmate Technologies LLC is the owner or authorized licensee of all Platform software, mobile code, branding, logos, graphics, and interface designs. Nothing in these Terms grants you any right, license, or title in Checkmate’s intellectual property without explicit prior written consent.

8. PAYMENT TERMS & CANCELLATION POLICY

(a) Payment Authorization. Valid payment card details must be maintained in your User Account to book local concierge visits, blood work, or therapeutic programs. You authorize Checkmate to charge all applicable service fees to your designated payment method on behalf of platform operations and Kings Medical Services MDPC.

(b) Universal 24-Hour Cancellation Policy. Booking a concierge appointment requires payment authorization at the time of scheduling. You may cancel or reschedule your appointment without any fee or penalty up to twenty-four (24) hours prior to your scheduled appointment time. Any cancellation or rescheduling request submitted less than twenty-four (24) hours before the scheduled appointment time (or in the event of a no-show) will result in a fee equal to 100% of the scheduled service cost or forfeit of any applicable deposit.

9. NO WARRANTIES & DISCLAIMER OF LIABILITY

CHECKMATE DOES NOT PROVIDE MEDICAL CARE. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKMATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHECKMATE DOES NOT GUARANTEE UNINTERRUPTED, ERROR-FREE APP OPERATION OR THAT TRANSMISSIONS WILL BE COMPLETELY FREE FROM INTERCEPTION OR ERRORS.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL CHECKMATE TECHNOLOGIES LLC, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE PLATFORM OR ANY MEDICAL SERVICES RENDERED BY KINGS MEDICAL SERVICES MDPC OR INDEPENDENT CLINICIANS. CHECKMATE’S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU THROUGH THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Checkmate Technologies LLC, its officers, directors, and agents against any third-party claims, liabilities, damages, and legal costs (including legal fees) arising from: (a) your breach of these Terms; (b) misuse of the Platform; or (c) failure to pay for ordered services.

12. THIRD-PARTY CONTENT & LAB SERVICES

The Platform may integrate links to third-party services, payment processors, or external diagnostic laboratory networks. Checkmate is not responsible for the privacy practices, content, or accuracy of third-party external platforms.

13. COPYRIGHT COMPLAINTS (DMCA)

If you believe content on the Platform infringes your copyright, please send notice to our designated agent:

By Mail: Fisher Stone, P.C., 42 Broadway, Suite 1744, New York, NY 10004

By Email: copyright@fisherstonelaw.com

14. GOVERNING LAW, VENUE & LOCAL LAWS

These Terms shall be governed by and construed under the laws of the State of New York, without regard to conflict of law principles. The Platform is intended solely for users located within the United States.

15. DISPUTE RESOLUTION & BINDING ARBITRATION

(a) Binding Individual Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in New York City, New York.

(b) Class Action Waiver. YOU AND CHECKMATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

(c) Formal Dispute Notice: Before commencing arbitration, you must send a written notice specifying the dispute to: Fisher Stone, P.C., 42 Broadway, Suite 1744, New York, NY 10004.

16. CLINICIAN USE OF THE APP

The App is provided to clinicians who are credentialed by Checkmate and/or Kings Medical Services MDPC. If you use the App as a clinician, you agree to:

keep your device locked and your sign-in details private, and sign out of shared devices;

access patient information only for patients you are treating, and protect it as required by HIPAA and your agreements;

obtain the patient’s consent before recording a visit, and not record if the patient declines;

review, correct and sign every AI-prepared draft note; you remain responsible for the clinical record;

keep records, prescriptions and invoices accurate and complete.

Checkmate may suspend App access if these obligations are not met or to protect patient information.

17. MOBILE APP STORE TERMS

If you download the App from the Apple App Store or Google Play: these Terms are between you and Checkmate only, not Apple or Google, and Checkmate is solely responsible for the App, its maintenance and support. You may use the App only on devices you own or control, as permitted by the store’s usage rules. Apple and Google have no obligation to provide support or to handle any claims relating to the App, including product liability, legal compliance or intellectual property claims. You confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. CONTACT & LEGAL NOTICES

For questions regarding these Terms or legal notices, please contact us at:

Checkmate Technologies LLC

Legal Inquiries: Fisher Stone, P.C., 42 Broadway, Suite 1744, New York, NY 10004

Platform Support Email: checkmate@checkmate.health

Phone: (917) 947-9747