Terms of Use

Last updated: June 15, 2026

These Terms of Use ("Terms") govern your access to and use of the Phlebnet® software-as-a-service platform, websites, and related services (collectively, the "Service") provided by Propel Technology Services, Inc. ("Phlebnet," "Company," "we," "us," or "our"). By accessing or using the Service, you ("you," "Customer," or "User") agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. The Service

Phlebnet provides a cloud-based platform that enables phlebotomists and related health care providers to manage patients, orders, scheduling, service requests, and related operations, and that enables patients to locate mobile blood draw services. The Service is provided on a subscription basis and may be modified, updated, or discontinued in whole or in part at our discretion.

3. Eligibility and Accounts

You must be at least 18 years of age and capable of forming a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information and to notify us promptly of any unauthorized use of your account.

4. HIPAA and Protected Health Information

The Service is designed to support compliance with the Health Insurance Portability and Accountability Act of 1996, the HITECH Act, and their implementing regulations (collectively, "HIPAA"). To the extent the Company acts as a "Business Associate" (as defined under HIPAA) in connection with Protected Health Information ("PHI") that you submit to the Service, the parties will enter into a separate Business Associate Agreement ("BAA"), the terms of which are incorporated herein by reference. In the event of a conflict between the BAA and these Terms with respect to PHI, the BAA controls.

You, as a Covered Entity or Business Associate, are solely responsible for obtaining all necessary patient authorizations and consents, for the accuracy and lawfulness of the data you submit, and for your own compliance with HIPAA and all applicable health care, privacy, and data protection laws.

5. Customer Data and Responsibilities

As between the parties, you retain all rights in the data you submit to the Service ("Customer Data"). You grant us a limited, non-exclusive license to host, process, and use Customer Data solely to provide and improve the Service and as permitted by the BAA and Privacy Policy. You are responsible for the accuracy, quality, legality, and appropriate use of Customer Data and for maintaining your own backups where required by law or professional obligation.

6. Acceptable Use

You agree not to:

• Use the Service in violation of any applicable law, regulation, or third-party right;
• Upload or transmit any unlawful, infringing, or malicious content or code;
• Attempt to gain unauthorized access to the Service, other accounts, or related systems or networks;
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent permitted by law;
• Resell, sublicense, or otherwise exploit the Service without our prior written consent.

7. Fees, Subscriptions, and Payment

Certain features of the Service require payment of fees. You agree to pay all applicable fees in accordance with the pricing and payment terms presented at the time of purchase. Unless otherwise stated, fees are non-refundable, exclusive of taxes, and may be changed prospectively upon notice. Failure to pay may result in suspension or termination of access.

8. Intellectual Property

The Service, including all software, content, and the Phlebnet name, logo, and marks, is owned by the Company or its licensors and is protected by intellectual property laws. "Phlebnet" is a registered trademark. Except for the limited right to use the Service granted herein, no rights are granted to you by implication, estoppel, or otherwise.

9. Third-Party Services

The Service may integrate with or link to third-party products and services. We do not control and are not responsible for third-party services, and your use of them is governed by their respective terms. We disclaim all liability arising from your use of any third-party service.

10. Confidentiality

Each party agrees to protect the other party's confidential information using at least the same degree of care it uses to protect its own confidential information of like nature, and in no event less than a reasonable degree of care, and to use such information only as necessary to perform under these Terms.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT, AND YOU ARE SOLELY RESPONSIBLE FOR CLINICAL AND PROFESSIONAL DECISIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Customer Data, including any claim that it infringes or violates the rights of a third party or applicable law; (c) your violation of these Terms, the BAA, or any applicable law, including HIPAA; or (d) your negligence or willful misconduct. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

14. Term and Termination

These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

15. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. You agree that the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms or the Service will be the state and federal courts located in California, and you consent to personal jurisdiction in those courts.

16. Dispute Resolution

Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve any dispute informally. Any dispute not resolved informally will be subject to the governing law and venue provisions above. Each party waives any right to a jury trial to the extent permitted by law.

17. Modifications

We may modify these Terms from time to time. Material changes will be indicated by updating the "Last updated" date above and, where appropriate, by additional notice. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

18. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely. These Terms, together with the Privacy Policy and any applicable BAA, constitute the entire agreement between the parties regarding the Service. Neither party is liable for delays or failures caused by events beyond its reasonable control.