Welcome, and thank you for your interest in AVANTCARE Health Corp. (“AVANTCARE”, “we”, “our,” or “us”) and our website Avantcare, our mobile application (the “App”), and any and all related websites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services, information, materials, devices and products we provide to you (collectively, our “Service”).

1. At our current stage of operations, the telemedicine services provided by AVANTCARE Physician consultations support but do not fully replace your existing primary care physician relationship.

2. While our telemedicine services may reduce the need for you to physically visit a clinic or ER by up to 40%, some conditions may require us to refer you to a clinic or ER to be assessed further.

3. Medical services rendered by your consulting physician are subject to their professional judgment.

4. AVANTCARE operates under the rules and regulations of the Saudi Government.

5. While AVANTCARE physicians are fully licensed to prescribe approved medications, prescriptions are only provided if the clinical situations dictate it. A TELEMEDICINE does not guarantee that a prescription will be written.

6. Prescriptions may be written only when clinically appropriate and may be restricted by law.

7. Consulting physicians do not prescribe DEA 1 & 2 controlled substances or certain other drugs which may be harmful because of their potential for abuse.

8. Consulting physicians reserve the right to deny care for potential misuse of services.

9. Your use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility.

10. We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. AVANTCARE does not provide you with equipment to use the App and does not warrant that the Mobile Software will be compatible with your mobile device.

11. AVANTCARE Service. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service and the AVANTCARE Materials solely for your personal, noncommercial use. AVANTCARE reserves all rights not expressly granted herein in the Service and the AVANTCARE Materials. AVANTCARE may terminate this license at any time for any or no reason. Even after your license to access and use the Service and the AVANTCARE Materials is terminated, these Terms, including all of your obligations under these Terms prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Service and the AVANTCARE Materials.

12. The Service is owned and operated by AVANTCARE. The visual interfaces, graphics, names, logos, marks, content (other than User Content), design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“AVANTCARE Materials”) provided by AVANTCARE are protected by intellectual property and other laws. All AVANTCARE Materials contained in the Service and all trademarks, service marks, copyrights and any and all other intellectual property rights and proprietary material related thereto are, and will remain, the exclusive property of AVANTCARE or our third-party licensors. Except as expressly authorized by AVANTCARE, you may not make use of the AVANTCARE Materials. AVANTCARE reserves all rights to the AVANTCARE Materials not granted expressly in these Terms.

13. AVANTCARE hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on mobile devices owned or leased solely by you, and in accordance with the features made available to you. You may not:

• modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
• rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
• make any copies of the Mobile Software;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
• delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that AVANTCARE may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and AVANTCARE or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.

14. Enrollment in AVANTCARE’s’s SMS or Text Messaging Services. We offer you the chance to enroll to receive SMS/text messages from AVANTCARE regarding account-related news and alerts and/or offers for AVANTCARE products and services. By enrolling in AVANTCARE’S SMS/text messaging service, you agree to receive text messages from AVANTCARE to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase. To unsubscribe from text messages at any time, reply to the message you received with the text.

15. Mobile Software provided from App Store by Apple. The following applies to any Mobile Software you acquire from the App Store ("App Store-Sourced Software"): You acknowledge and agree that these Terms are solely between you and AVANTCARE, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to AVANTCARE as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to:

• product liability claims;
• any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and
• claims arising under consumer protection or similar legislation and all such claims are governed solely by these Terms and any law applicable to AVANTCARE as provider of the software.

You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third-party’s intellectual property rights, AVANTCARE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and AVANTCARE acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries to these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

16. Mobile Software provided from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”):

• you acknowledge that these Terms are between you and AVANTCARE only, and not with Google, Inc. (“Google”);
• your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
• Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
• AVANTCARE, and not Google, is solely responsible for its Google-Sourced Software;
• Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and
• you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to AVANTCARE’s Google-Sourced Software.

17. If you pay for any part of the Service by credit card, you hereby authorize AVANTCARE, or a third party appointed by AVANTCARE, to bill and charge the credit card indicated in your registration information for any fees and other amounts that may become due and payable. _______is currently our third-party service provider for payment services. ________processes your payments and by using our Service you agree to be bound by ________’s Services Terms

18. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as set forth in your account or made available to you online. AVANTCARE may add new services for additional fees and charges and to add or amend fees and charges for existing services. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.

19. Automatic renewal. If you have selected to pay for the service on a monthly basis, unless you notify us in writing by emailing ___________________ before a charge that you want to cancel or that do not want the service to auto renew, you understand and agree that your monthly charges, at the fees set forth in your account or made available to you online, will automatically renew on a continuous monthly basis and you authorize us (without notice to you, unless required by applicable law) to charge you the monthly fee and any taxes, using any eligible payment method we have on record for you.

20. Refunds. You may cancel your request for Service or account within fourteen (14) calendar days after registering for the Service and you may receive a refund for the Services for which you paid (the “Refund Period”).will be processed within four to six (4 – 6) weeks of your request. To request a refund within the Refund Period, you must email _____________________. You may cancel your account as set forth in these Terms, however there are no refunds for cancellation besides those described herein under the Refund Period.

21. User Content.

• User Content Generally. Certain features of the Service may permit users to upload content to the Service (including without limitation the patient portal), including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service.


• User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize AVANTCARE and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 8 and in the manner contemplated by AVANTCARE, the Service, and these Terms; and your User Content, and the use of your User Content as contemplated by these Terms, does not and will not:
  
  
  (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or
  (iii) cause AVANTCARE to violate any law or regulation.
  
  
  
• User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. AVANTCARE may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AVANTCARE with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, AVANTCARE does not permit copyright-infringing activities on the Service.

22. AVANTCARE and the AVANTCARE logo are registered trademarks of AVANTCARE, Inc. and may not be used without prior written permission.

23. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, AVANTCARE may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at ______________. If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.

24. Modification of these Terms. We reserve the right, at our sole discretion, to change or update these Terms from time to time. Please check these Terms periodically for changes or updates. Immaterial modifications are effective upon publication. If a change or update to these Terms materially modifies your rights or obligations, we will update the “last updated” date at the top of this page and make reasonable efforts to notify you that material changes have been made to the Terms. Your continued use of the Service after any such change or update constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.

25. Ownership; Proprietary Rights. The Service is owned and operated by AVANTCARE. The visual interfaces, graphics, names, logos, marks, content (other than User Content), design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“AVANTCARE Materials”) provided by AVANTCARE are protected by intellectual property and other laws. All AVANTCARE Materials contained in the Service and all trademarks, service marks, copyrights and any and all other intellectual property rights and proprietary material related thereto are, and will remain, the exclusive property of AVANTCARE or our third-party licensors. Except as expressly authorized by AVANTCARE, you may not make use of the AVANTCARE Materials. AVANTCARE reserves all rights to the AVANTCARE Materials not granted expressly in these Terms.

26. AVANTCARE is required to comply with the Saudi healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Provider during a medical consultation is legally confidential, except for certain legal exceptions as more fully described in our Notice of Privacy Practices. We devote considerable effort toward ensuring that your personal information is secure. As part of providing you the Services, we will communicate to you via email and text message, including, without limitation, if you have enrolled in AVANTCARE’s SMS or Text Messaging Services as set forth above. Email and text messages are not secure methods of communication and AVANTCARE cannot ensure the security or confidentiality of messages sent by email and/or text message. Information, including personal health information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email or text message, please notify us at _____________________________