End User License Agreement

Last Updated: April 18, 2026

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "you," or "your") and Blaylar Health ("Blaylar Health," "we," "us," or "our") governing your use of the Blaylar Health Provider Portal, Patient Portal, and associated software applications (collectively, the "Software").

By accessing, installing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to the terms of this EULA, do not access or use the Software.

1. License Grant

Subject to your compliance with this Agreement, Fleming grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software solely for the following purposes:

• Patients: Managing your personal health information, scheduling appointments, communicating with your care team, viewing lab results, requesting prescription refills, and paying bills through the Patient Portal.
• Providers and Clinical Staff: Conducting clinical workflows including patient encounters, documentation (SOAP notes), ordering labs and imaging, prescribing medications, managing referrals and prior authorizations, reviewing faxes, billing, and care coordination through the Provider Portal.
• Administrative Staff: Managing scheduling, patient registration, staff administration, billing operations, and communications as authorized by your role.

This license is personal to you and may not be sublicensed, assigned, or transferred to any third party.

2. License Restrictions

You agree that you will not:

• Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software.
• Distribute, sublicense, lease, rent, sell, or otherwise transfer access to the Software to any third party.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Software.
• Use the Software to develop competing products or services.
• Use the Software for any purpose other than the authorized purposes described in Section 1.
• Attempt to gain unauthorized access to the Software, other users' accounts, or systems connected to the Software.
• Use automated tools (bots, scrapers, crawlers) to access the Software without our express written consent.
• Introduce viruses, malware, or any harmful code into the Software.
• Use the Software in violation of any applicable law, regulation, or professional licensing requirement.

3. Intellectual Property

The Software, including all source code, object code, algorithms, user interfaces, visual designs, graphics, logos, documentation, and underlying technology, is the exclusive property of Blaylar Health or its licensors and is protected by United States copyright, trademark, trade secret, and other intellectual property laws.

This EULA does not convey to you any ownership interest in or to the Software. All rights not expressly granted under this Agreement are reserved by Blaylar Health.

Your Data: You retain all rights to your personal health information, clinical records, and other data you create or input into the Software. Your right to access your health records is governed by applicable law, including HIPAA, and our Notice of Privacy Practices.

4. Protected Health Information (PHI) and HIPAA

The Software processes, stores, and transmits protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). By using the Software, you acknowledge that:

• All PHI is encrypted in transit (TLS 1.2+) and at rest (AES-256 / AWS KMS).
• Access to PHI is controlled by multi-factor authentication and role-based access controls.
• All access to PHI is logged and auditable in compliance with the HIPAA Security Rule.
• We maintain Business Associate Agreements (BAAs) with all third-party service providers who may access PHI, including our cloud infrastructure provider (Amazon Web Services).
• You are responsible for maintaining the confidentiality of your login credentials and must not share access with unauthorized individuals.
• Provider and staff users are individually responsible for compliance with their professional licensing board's requirements regarding electronic health records and telehealth.

For complete information about how we handle PHI, please review our Privacy Policy and Notice of Privacy Practices.

5. AI-Powered Features

The Software includes artificial intelligence features, including but not limited to clinical documentation assistance, AI scribe, medical terminology search, and a patient-facing AI portal assistant. By using these features, you agree that:

• AI-generated content (including suggested documentation, coding recommendations, and portal assistant responses) is provided as a decision-support aid only and does not constitute medical advice, diagnosis, or treatment.
• All AI-generated clinical content must be reviewed, edited, and approved by a licensed provider before it becomes part of the official medical record.
• AI-generated responses in the patient portal are not reviewed by clinical staff before display and should not be relied upon for healthcare decisions.
• We do not guarantee the accuracy, completeness, or clinical appropriateness of any AI-generated content.
• The treating provider bears sole clinical responsibility for all documentation, orders, and treatment decisions, regardless of whether AI assistance was used.
• AI interactions may be logged for quality assurance, safety monitoring, and system improvement purposes.

6. Electronic Prescribing and Controlled Substances (EPCS)

If you are a licensed provider using the Software's electronic prescribing features:

• You are solely responsible for verifying the accuracy of all prescriptions before submission.
• EPCS functionality, if enabled, complies with DEA requirements under 21 CFR Part 1311. You must maintain your own DEA registration and comply with all applicable state and federal prescribing laws.
• You are responsible for reviewing Prescription Drug Monitoring Program (PDMP) data where required by law before prescribing controlled substances.
• The Software does not independently verify your prescribing authority, DEA registration status, or state license standing.

7. Telehealth

The Software may include telehealth functionality for conducting video visits. By using telehealth features:

• Providers acknowledge that telehealth consultations have inherent limitations compared to in-person visits and accept responsibility for determining when telehealth is clinically appropriate.
• Providers are responsible for maintaining licensure in any jurisdiction where they provide telehealth services.
• Patients acknowledge that telehealth is not appropriate for medical emergencies and agree to call 911 or visit the nearest emergency room for urgent conditions.
• Video sessions may be subject to network quality limitations beyond our control.

8. Fax and Communications

The Software includes electronic fax transmission and secure messaging capabilities. You acknowledge that:

• Fax transmissions are sent via a third-party electronic fax service under a Business Associate Agreement.
• While we employ encryption and access controls, the receiving fax machine or system may not provide equivalent security protections.
• You are responsible for verifying recipient fax numbers before transmitting PHI.
• Inbound faxes are routed to a staff review queue and are not automatically filed to patient charts until reviewed and assigned by authorized personnel.

9. Availability and Support

We strive to maintain the Software's availability 24 hours a day, 7 days a week. However:

• We do not guarantee uninterrupted or error-free operation of the Software.
• Scheduled maintenance, updates, and emergency patches may require temporary service interruptions.
• We reserve the right to modify, update, or discontinue features of the Software at any time.
• For technical support, contact us at (601) 509-1579 or support@blaylarhealth.com.

10. Disclaimer of Warranties

Clinical Disclaimer: The Software is a tool to assist healthcare providers and patients. It does not replace professional medical judgment. Blaylar Health is not responsible for clinical outcomes resulting from the use of the Software.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Blaylar Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Software, including but not limited to loss of data, loss of revenue, or clinical outcomes.
• Blaylar Health's total aggregate liability for all claims arising under or related to this Agreement shall not exceed the greater of (a) the amounts you paid to Blaylar Health for use of the Software in the twelve months preceding the claim, or (b) one hundred dollars ($100).
• This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Blaylar Health has been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Blaylar Health and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of this Agreement.
• Your use of the Software in a manner not authorized by this Agreement.
• Your violation of any applicable law or regulation.
• Any clinical decisions you make using the Software (for provider users).
• Your failure to maintain the confidentiality of your login credentials.

13. Termination

This Agreement is effective until terminated. We may terminate or suspend your license at any time, with or without cause, including for:

• Violation of this Agreement or our Terms of Use.
• Unauthorized access attempts or security violations.
• Failure to maintain required professional licensure (for provider users).
• At our sole discretion for any reason with reasonable notice.

Upon termination, your right to use the Software ceases immediately. Termination does not affect your right to access your medical records as provided by law. Sections 3, 10, 11, 12, 14, and 15 survive termination of this Agreement.

14. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of law provisions. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to be conducted in Rankin County, Mississippi. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

15. General Provisions

• Entire Agreement: This EULA, together with our Terms of Use, Privacy Policy, and Notice of Privacy Practices, constitutes the entire agreement between you and Blaylar Health regarding the Software.
• Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
• Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Amendments: We may update this EULA at any time by posting the revised version on this page. Material changes will be communicated through the Software or by other appropriate means. Your continued use of the Software after changes are posted constitutes acceptance of the revised Agreement.
• Force Majeure: Blaylar Health shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government orders, or internet service disruptions.

16. Contact Information

For questions or concerns about this End User License Agreement:

• Blaylar Health
• 142 Maple Street, Springfield, IL 62701
• Phone: (601) 509-1579
• Fax: (769) 257-0412
• Email: legal@blaylarhealth.com