Terms of use

‍Last Updated: July 26th, 2024

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the ezPT Technologies Ltd. (“ezPT Tech”) website located at www.ezpttech.com (the “Site”), ezPT Tech’s SOAP Note generation application and services, and any content generated by ezPT Tech’s services for you based on your User Content (defined below) (“Generated Content”). To make these Terms easier to read, the Site, our services, and the Generated Content are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND EZPT TECH THROUGH CONSULTATION, NEGOTIATION, MEDIATION, AND BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

To use the Services, you must be a Physical Therapist with an active license to work and treat patients in the United States of America (USA), and you must use the Services only for documenting sessions with US-based patients in compliance with HIPAA regulations. Additionally, you must be 18 years or older and capable of forming a binding contract with ezPT Tech and not otherwise barred from using the Services under applicable law.

For certain features of the Services you will need an account. It is important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account.

5. Your Feedback and Contributions. We appreciate your feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). We love to include your Feedback and contributions in our resources where possible, such as adding your shared chart templates to our chart template library. To ensure we have the proper rights to do this, you grant ezPT Tech a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right and license to use your Feedback and contributions, including incorporating them into the Services and sharing them with other users. Please note that providing Feedback or contributions does not make you an author, inventor or contributor of the Services and does not entitle you to any compensation or to any ownership rights in the Services.

6. Subscriptions. ezPT Tech requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees.

(a) General. When you purchase a subscription for the Services (“Subscription”), you expressly authorize us (or our third-party payment processor) to charge you for such Subscription. We may ask you to supply additional information relevant to your Subscription, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Subscription, you authorize us to provide your Payment Information to third parties so we can complete the transaction related to your Subscription and to charge your payment method for the type of Subscription you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Subscription (such information is included within the definition of Payment Information). By initiating a Subscription, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Subscriptions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

(b) Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and at the end of every subscription period thereafter, at the then-current Subscription Fee. You may choose a monthly or annual subscription period. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE EZPT TECH TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you at the end of every subscription period of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or ezPT Tech. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

(c) Cancelling Your Subscription. You may cancel your Subscription any time. HOWEVER, EACH PURCHASE IS FINAL AND YOU WILL NOT RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction we will refund any payment you have already remitted to us for such transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to reachout@ezpttech.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

(d) Free Trials. We may offer to certain qualifying users paid Subscriptions on a free trial basis (“Free Trial”) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup. Your use of the Free Trial is subject to your compliance with such specific terms. Certain limitations may exist with respect to combining Free Trials with any other offers. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously held a paid Subscription. When you agree to a Free Trial, you are also agreeing to sign up for a paid Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring annual basis for the applicable annual fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your Subscription. If you wish to avoid charges to your Payment Information, you must cancel your Subscription prior to midnight Eastern Time on the last day of your Free Trial period. Instructions for cancelling your subscription are stated in the section above titled “Canceling Your Subscription.”

7. Your Content.

(a) Posting Content. Our Services may allow you to store or share content such as text (in SOAP notes or communications with others), files, documents, graphics, images, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” ezPT Tech does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to ezPT Tech, its licensors, and their affiliates a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to use, host, store, copy, communicate, modify, create derivative works based upon, distribute, publish, publicly display, and publicly perform your User Content in connection with ezPT Tech, its licensors, and their affiliate providing, operating, securing, and improving their services.

(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by ezPT Tech on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content, (such as notes or comments you make), may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Your Use of Generated Content. Subject to your compliance with these Terms, ezPT Tech hereby grants you a non-exclusive, worldwide, license, with the right to sublicense, to use, copy, modify, sell, create derivative works based upon, distribute, Generated Content for your lawful business purposes.

(f) Ownership of Intellectual Property. We may make available through the Services content that is subject to intellectual property rights, including Generated Content. We and our licensors (as applicable) retain all rights to that content.

8. Usage Requirements, General Prohibitions, and ezPT Tech ’s Enforcement Rights.

‍(a) You agree that you will use the Services:

      1. Only in a lawful manner and in compliance with all applicable laws;
      2. In accordance with the Terms, the license granted in Section 7(e), and any documentation, usage guidelines, parameters, and other requirements provided to you by ezPT Tech or its licensors, as may be modified by ezPT Tech or its licensors from time to time;
      3. In a manner that does not infringe, misappropriate, or otherwise violate any of ezPT Tech’s or its licensors’ rights or those of any other person or entity;
      4. As it relates to Generated Content, in a manner that is consistent with the OpenAI mission and Charter, which is incorporated herein by reference, as determined by OpenAI in its sole discretion;
      5. In a manner that does not violate these Terms, any agreement between you and anyone else or our or a third party’s rights; and
      6. In compliance with, and you will not attempt to circumvent, any call rate limits or other restrictions that may be established by ezPT Tech or its licensors from time to time. 

    You further agree that you will make reasonable efforts to reduce the likelihood, severity, and scale of any societal harm caused by your use of the Services (including the use and sharing of Generated Content) by following the OpenAI API Usage Guidelines. ezPT Tech and OpenAI may request information from you regarding your efforts to reduce safety risks, and you agree to provide such information.  Such information may be used to assess compliance with these Terms as well as to inform improvements to the Services (including any components thereof).

    ‍(b) You agree not to do any of the following:

        1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
        2. Distribute, sell, lend, transfer or grant any rights in or to any or all of the Services, (except for Generated Content as permitted under this Agreement);
        3. Create any software that functions substantially the same as the Services (including any component thereof) and offer it to third parties;
        4. Modify, alter, tamper with, repair or otherwise create derivative works (except as permitted by Section 7(e)) of the Services, or attempt to do so;
        5. Use the Services in connection with any spyware, malware, virus, worm, trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device;
        6. Use the Services to discover any underlying components of ezPT Tech’s or its licensors’ models, algorithms, and systems, such as exfiltrating the weights of any of ezPT Tech ’s or its licensors’ models by cloning via logits;
        7. Remove, obscure, or alter any notice, including any notice of intellectual property right appearing on or contained within the Services (including any component thereof);
        8. Interfere or attempt to interfere in any manner with the functionality or proper working of the Services (including any component thereof);
        9. Use, display, mirror or frame the Services or any individual element within the Services, ezPT Tech’s name, any ezPT Tech trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ezPT Tech’s express written consent;
        10. Access, tamper with, or use non-public areas of the Services, ezPT Tech’s computer systems, or the technical delivery systems of ezPT Tech’s providers;
        11. Attempt to probe, scan or test the vulnerability of any ezPT Tech system or network or breach any security or authentication measures;
        12. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ezPT Tech or any of ezPT Tech’s providers or any other third party (including another user) to protect the Services;
        13. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ezPT Tech ;
        14. Use web scraping, web harvesting, or web data extraction methods to extract data from the Services (including Generated Content), or ezPT Tech’s, its licensors’, and their affiliates’ software, models, or systems.
        15. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
        16. Use any meta tags or other hidden text or metadata utilizing a ezPT Tech trademark, logo URL or product name without ezPT Tech’s express written consent;
        17. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
        18. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
        19. Decipher, decompile, disassemble, reverse assemble, reverse compile, decompile, translate, or reverse engineer any component or software used to provide the Services, discover the source code of any component of the Services, or attempt to do any of the foregoing;
        20. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
        21. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
        22. Impersonate or misrepresent your affiliation with any person or entity;
        23. Provide or upload any information to the Services that is “Protected Health Information” as defined under the Health Insurance Portability and Accountability Act;
        24. Use the Services in a way that causes societal harm including, but not limited to, (i) misleading end users that any Generated Content was human-generated for generative use cases that do not involve a human in the loop, (ii) generating spam, and (iii) generating content for dissemination in electoral campaigns;
        25. Use the Services in a way that violates any applicable law or regulation including, but not limited to, (i) illegal activities such as child pornography, gambling, piracy, violating copyright, trademark or other intellectual property laws, (ii) accessing or authorizing anyone to access the Services from an embargoed country as prohibited by the governments of Canada and United States, and (iii) threatening, stalking, defaming, defrauding, degrading, victimizing, or intimidating anyone for any reason; and
        26. Encourage or enable any other individual to do any of the foregoing.

      ezPT Tech is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

      ‍9. DMCA/Copyright Policy. ezPT Tech respects copyright law and expects its users to do the same. It is ezPT Tech’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

      10. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

      11. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at reachout@ezpttech.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6(a), 6(b), 6(c) (only for payments due and owing to ezPT Tech  prior to the termination), 6(d), 7(b), 7(c), 7(e), 7(f), 8, 9, 11, 12, 13, 14, 15, 16, 17 and 18.

      12. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We and our licensors make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

      13. Indemnity. You will indemnify and hold ezPT Tech, its licensors, their affiliates, and each of their officers, directors, employees, representatives, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your actual or alleged infringement, misappropriation, or violation of ezPT Tech ’s, its licensors’, or any third party’s intellectual property or proprietary rights.

      14. Limitation of Liability.

      (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EZPT TECH NOR ITS SERVICE PROVIDERS AND LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EZPT TECH OR ITS LICENSORS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

      (b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL EZPT TECH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO EZPT TECH FOR USE OF THE SERVICES OR ONE HUNDRED CANADIAN DOLLARS (CA$100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EZPT TECH, AS APPLICABLE.

      (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EZPT TECH AND YOU.

      15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. You and ezPT Tech each agree to submit to the jurisdiction of the courts of the Province of British Columbia and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.  

      16. Dispute Resolution.

      (a) In the event of any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”), we both agree to try settle the Dispute through consultation and negotiation in good faith and a spirit of mutual cooperation. We may also agree to use some form of non-binding alternative dispute resolution, such as mediation. If we are unable to resolve the Dispute within 60 days after it first arose, we will resolve the Dispute by binding, individual arbitration before a single arbitrator with relevant experience and not in a class, representative or consolidated action or proceeding. The arbitration shall be held in Vancouver, B.C. and shall be administered by ICDR Canada (www.icdr.org/icdrcanada ) in accordance with its Canadian Expedited Procedures. The language of the arbitration shall be English. The dispute resolution process shall be confidential. You and ezPT Tech agree that you and ezPT Tech are each waiving the right to a trial by jury or to participate in a class action. This disdpute resolution provision shall survive expiration, termination or rescission of these Terms. ezPT Tech does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. ezPT Tech prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

      (b) Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

      (c)  You and ezPT Tech agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

      (d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the rules of ICDR Canada.

      (e) Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

      (f) Class Action Waiver. YOU AND EZPT TECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

      (g) Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

      17. General Terms.

      (a) Reservation of Rights. ezPT Tech and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

      (b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between ezPT Tech and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between ezPT Tech and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without ezPT Tech’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. ezPT Tech may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

      (c) Notices. Any notices or other communications provided by ezPT Tech under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

      (d) Waiver of Rights. ezPT Tech’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ezPT Tech. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

      18. Additional Terms.

      (a) ezPT Tech does not give professional advice. Unless specifically included with the Services, ezPT Tech is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

      (b) We may tell you about other ezPT Tech Services. You may be offered other services, products, or promotions by ezPT Tech (“ezPT Tech Services”). Additional terms and conditions and fees may apply. With some ezPT Tech Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant ezPT Tech permission to use information about your business and experience to help us to provide the ezPT Tech Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.

      (c) Communications. ezPT Tech may be required by law to send you communications about the Services or third party products. You agree that ezPT Tech may send these communications to you via email or by posting them on our websites.

      (d) You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact ezPT Tech if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

      19. Contact Information. If you have any questions about these Terms or the Services, please contact ezPT Tech at:

      ‍reachout@ezpttech.com

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