END USER LICENSE AGREEMENT
Last updated: January 07, 2024

This End User License Agreement (the "EULA Agreement") is a legal document. It outlines Your rights and obligations as a User of the Elegant Access Service. By accessing Elegant Access or subscribing to any of Our subscription services, You acknowledge that You have read, understand, and agree to be bound by the provisions of the Terms. The Terms apply to all Users of Elegant Access who have subscribed to a subscription product. The Terms constitute the entire agreement between Lignum Vitae
and You, hereinafter the "Parties".

Subscription Services are generally intended for Users who are at least 18 years of age and are licensed medical or mental health providers. Individuals under the age of 18, unless they have legally emancipated, are not permitted to subscribe to Elegant Access as Providers.

We recommend that You print a copy of the EULA Agreement for Your records.

DEFINITIONS
The following terminology applies to the Terms, Privacy Statement and Disclaimer Notice and all Agreements:

"Client", "You" and "Your" means an individual or business that accesses or uses Elegant Access.

"Lignum Vitae," "Us," "We," and "Our" means Lignum Vitae, LLC, a limited liability company that is registered within the state of Florida.

The "Parties" means you in your individual capacity or as an individual authorized to bind the applicable business entity to the this Agreement.

The "Elegant Access Web Application", which is accessible via a web browser at https://therapy.elegantaccess.online.
The "Elegant Access Mobile Application", which is a download that is available for either the Android and iOS operating systems.

The "Elegant Access Computer Identifier" web browser extension, which is a browser extension that identifies a particular web browser to the Elegant Access servers.

"Elegant Access", the "Service" or "Services" refers to the Elegant Access Web Application, the Elegant Access Mobile Application, and the Elegant
Access Computer Identifier web browser extension, singularly and collectively.

"Registration" means the process of registering to access or use Elegant Access. You are "Registered" when You create an account and are issued a username.

The "Content" means all text, graphics, video, audio, links, communications, and other information contained within Elegant Access or on the Elegant Access website.

The "Marks" means any trademarks, service marks, and logos contained either within Elegant Access or on the Elegant Access website that are owned or licensed by Lignum Vitae, LLC.

"User" means any person, entity, business, or web technology that either accesses Elegant Access or its website or causes Elegant Access or its website to be accessed, irrespective of whether a subscription agreement
exists.

"Minor" means any person who is at least 13 years of age but has not yet emancipated according to applicable state law. Most of the time this means that the User is under the age of 18, but some states allow a User to emancipate with judicial consent, by way of marriage, etc.

The "Terms" means the current version of the Terms of Service that is in effect at any given time.

The "EULA Agreement" means the current version of the End User License Agreement that is in effect at any given time.

The "Privacy Policy" means the current version of the Privacy Policy that is in effect at any given time.

"Registration Information" means the information required to create an account on Elegant Access. This includes the user's legal name, the user's license number, the user's current business address, phone number, and email address, and other relevant information.

"Patient" means any patient or client of a medical or mental health provider who is a User of Elegant Access.

"Record" means any communication or documentation relating to the identity, diagnosis, evaluation, or treatment of an individual with a medical, mental or emotional condition or disorder, including alcoholism or drug addiction.

"Recordings" means any documentation made to a patient's Record or charts, documentation or other information submitted to the Elegant Access system, or messages sent to or received from You and any Patient or other
User.

"Record Custodian" means the medical or mental health provider, or their employer or employing contractor, who is legally responsible for the maintenance of the medical or mental health record under federal or state
law. Elegant Access is the Electronic Health Records application that stores such records and Lignum Vitae is the company that licenses Elegant Access. Neither are the legal custodian of the User's records.

"Mobile Store Operator(s)" means Google, Inc.'s software distribution platform for Users who download Elegant Access on an Android device, and Apple Inc.'s software distribution platform for Users who download
Elegant Access on an Apple or other iOS device.

"Web Browser Extension Provider(s)" means the Mozilla Corporation where the Elegant Access Computer Identifier web browser extension is downloaded for the Firefox web browser, Google, Inc. where the Elegant Access Computer Identifier web browser extension is downloaded for the Chrome web browser, Apple, Inc. where the Elegant Access Computer Identifier web browser extension is downloaded for the Safari web browser, and the Microsoft Corporation where the Elegant Access Computer Identifier web browser extension is downloaded for the Edge web browser.

"Devices" means any Android or iOS mobile device that is owned, leased, or rented by the User, or any other device that is under the control of the User that contains a supported web browser that is capable of accessing the Elegant Access Web Application.

"Medical Records" include but are not limited to billing records, payment and claims records, health insurance information, health plan enrollment records, case management records, clinical laboratory test reports, X-rays, wellness and disease management program information, and notes (such as clinical case notes or "SOAP" or "DAP" notes (a method of making notes in a Patient's or client's chart), as well as other records used, in whole or in part, by or for a covered entity to make decisions about individuals, including emails and other correspondence between You and Your Patient. Information about third-party payers who are responsible for the Patient's care and information regarding individuals who are responsible for the care and well-being of the Patient, such as parents or guardians, are also included in this definition of Medical Records.

"Medical Provider", "Mental Health Provider", or "Provider" means any medical doctor, doctor of osteopathic medicine, advanced practice nurse practitioner, physician's assistant, mental health counselor, clinical social worker, marriage and family counselor, psychologist, or psychiatrist, either registered, licensed, or certified as a medical or mental health provider by the appropriate credentialing agency of their applicable state, or who is employed by the United States government and no license, registration, or certification is required.

"Authentication Credential" means any passwords, PINs, security keys, tokens, public/private keys, and all other authentication devices used to either encrypt or decrypt data on the Elegant Access system, or used to authenticate and access such system.


Elegant Access is licensed to You (User) by Lignum Vitae, LLC, a limited liability company registered in the state of Florida. Elegant Access is licensed to You under the terms of the EULA Agreement.

By downloading or updating the Elegant Access Mobile Application, installing or updating the Elegant Access Computer Identifier, or by utilizing the Elegant Access Web Application, You indicate that You agree to be bound by all of the terms and conditions of the EULA Agreement, and that You accept the EULA Agreement.

The parties of the EULA Agreement acknowledge that neither the Mobile Store Operators nor the Web Browser Extension Providers are Parties to the EULA Agreement and that they are not bound by any provisions or obligations with regard to Elegant Access, such as warranty, liability, maintenance and support thereof. Lignum Vitae, LLC, not the Mobile Store Operators or the Web Browser Extension Providers, is solely responsible for Elegant Access and the content thereof.

the EULA Agreement may not provide for usage rules for Elegant Access that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Lignum Vitae, LLC acknowledges that it had the opportunity to review the Usage Rules and the EULA Agreement is not conflicting with them.

Elegant Access is licensed to You for use only under the terms of the EULA Agreement. We reserve all rights not expressly granted to You. Elegant Access is to be used on Devices that operate with the iOS Apple's operating system from Apple ("iOS" and "Mac OS"), the Android operating system by Google, or which are accessed through a supported web browser (Firefox, Google Chrome, Microsoft Edge, etc.).

TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED RECORDINGS
7. RECORDS
8. LIMITATIONS OF LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. USER REPRESENTATIONS
12. DISPUTE RESOLUTION
13. CORRECTIONS
14. DISCLAIMER
15. SEVERABILITY CLAUSE
16. INDEMNIFICATION
17. USER DATA
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
19. CALIFORNIA USERS AND RESIDENTS
20. UPDATES TO THE EULA AGREEMENT
21. USER REGISTRATION
22. PURCHASES AND PAYMENT
23. FREE TRIAL
24. CANCELLATION
25. LEGAL COMPLIANCE
26. CONTACT INFORMATION
27. TERMINATION
28. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
29. INTELLECTUAL PROPERTY RIGHTS
30. APPLICABLE LAW
31. MISCELLANEOUS
1. THE APPLICATION

Elegant Access is software that enables Providers to maintain mental health records within an Electronic Medical Record System (EMRS). It enables medical and mental health professionals to schedule patient appointments, record progress notes, and to bill patients by way of credit or debit card, or insurance reimbursement.

Lignum Vitae is the owner or the licensee of all intellectual property rights of Elegant Access, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in Elegant Access (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), unless otherwise specified.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through Elegant Access "AS IS" for Your internal business purpose only and Lignum Vitae retains all ownership or licenses for all applicable Content and Marks.

2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use Elegant Access on any Device that You own or control and as permitted by the Usage Rules, with the requirement that usernames and security credentials not be shared between Users, other individuals, or other business entities.

2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of Elegant Access, or any part thereof (except with Lignum Vitae, LLC's prior written consent).

2.3 You may not copy (excluding when expressly authorized by the EULA Agreement and the Usage Rules) or alter Elegant Access or any portion thereof. You may create and store copies only on Devices that You own or control for backup purposes under the terms of the EULA Agreement, the Usage Rules, and any other terms and conditions that apply to the Device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these
copies at any time. If you sell your Devices to a third party, you must remove Elegant Access from the Devices before doing so.

2.4 This license is restricted and permits downloading and printing content that is solely designed and intended for this purpose. Any other downloading, copying, or printing is prohibited.

2.5 Except as set out in this section or elsewhere in the EULA Agreement, no part of Elegant Access and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without Our express prior written permission.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 We reserve the right to modify the EULA Agreement at any time.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using Elegant Access, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS
3.1 Elegant Access requires hardware and software that meet certain technological requirements. Please see the Elegant Access website for details on these requirements for specific software and/or Devices.

3.2 We attempt to keep Elegant Access updated so that the software continues to operate on the User's Devices; however, we cannot warrant that Elegant Access will run with any particular web browser or other software, or on any specific Device.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the Device on which You intend to use Elegant Access satisfies the technical specifications mentioned on the Elegant Access website.

3.4 We reserve the right to modify the technical specifications at any time as necessary.

4. MAINTENANCE AND SUPPORT
4.1 We are solely responsible for providing any maintenance and support services for Elegant Access. You can reach Us at the email address listed at the bottom of the EULA Agreement.

4.2 Lignum Vitae, LLC and the User acknowledge that neither the Mobile Store Operators nor the Web Browser Extension Providers have any obligation whatsoever to furnish any maintenance and support services with respect to Elegant Access.

5. USE OF DATA
You acknowledge Your usage of Elegant Access is subject to the terms of Our Privacy Policy (https://www.elegantaccess.online/privacy_policy.php),
which is hereby incorporated by reference.

You acknowledge that the We may periodically collect and use technical data and related information about your Device to ensure Service security, to offer product support, to facilitate the software updates, and for purposes of providing other services to you (if any) related to Elegant Access. We may also use this information to improve the products, services, and technologies we provide to You, as long as it is in a form that does not personally identify You or Your Patient.

6. USER-GENERATED RECORDS
As an Electronic Medical Records System, Users, including Providers, frequently Record information in the Elegant Access system regarding Patient diagnoses, to monitor treatment, and for other purposes. By creating or modifying a Record You warrant that:

No part of the Record infringes the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party.

You are the creator of the Record and that you have the necessary licenses, rights, consents, releases, and permissions to use the materials contained within the Record. You further authorize Us, and other Users of Elegant Access, to use the Record in any manner contemplated by Elegant Access and the EULA Agreement in accordance with state and federal law.

You have the written implied consent of any Patients or other individuals who are referred to in any Record made by You or rely on another legal authority to document or record information regarding such Patient or other individual referred to in the Record.

The Record does not contain information that is false, inaccurate, or misleading.

No part of any Record created or updated by You is intended to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.

The Record does not violate any applicable law, regulation, or rule.

No part of any Record created or updated by You violates the privacy rights of any third party.

No part of any Record created or updated by You otherwise violates, or link to material that violates, any provision of the EULA Agreement, or any applicable law or regulation.

Any use of Elegant Access in violation of the foregoing violates the EULA Agreement and may result in, among other things, termination or suspension of Your right to use Elegant Access.

7. RECORDS
7.1 You acknowledge that the Records contained within Elegant Access are protected records under state and federal law. As such, You are the legal Records Custodian of any Records made by you and Lignum Vitae may not access such Records without Your expressed consent and only for limited legal purposes. Lignum Vitae does not monitor or moderate Records recorded to Elegant Access, except where Lignum Vitae reasonably suspects either fraud or improper account access. Lignum Vitae cannot disseminate
Records without consent of either the Provider who created the Record or the Patient to whom the Record applies, except where a valid court order directs Us to do so. Lignum Vitae has a legal obligation to maintain and secure all Records in its possession and cannot remove Records, even when a request to do so is made from a User, Provider, or Patient. This applies even where state law may permit a User or Patient to request the disclosure or deletion of a Record. The federal HIPAA law requires Lignum Vitae to maintain the security of all Medical Records in its possession, and specifically places additional restrictions on the dissemination of "psychotherapy notes".

7.2 Neither party will use nor disclose Protected Health Information (PHI) in a manner other than as provided in this EULA Agreement, as permitted under the HIPAA Privacy Rule, or as required by law. The User will use or disclose PHI, to the extent practicable, as a limited data set or limited to the minimum necessary amount of PHI to carry out the intended purpose of the use or disclosure, in accordance with Section 13405(b) of the HITECH Act (codified at 42 USC §17935(b)) and any of the Act's implementing regulations adopted by HHS, for each use or disclosure of PHI.

7.3 Further, the User agrees to utilize reasonable security safeguards to ensure the security of all Authentication Credentials that have been assigned to the User. In the event the User has a reasonable belief that an Authentication Credential has been compromised, the User agrees to immediately deactivate that Authentication Credential within Elegant
Access.

8. LIMITATIONS ON LIABILITY
8.1 Our responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations) shall We also be liable in case of slight
negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF ELEGANT ACCESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $50.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8.4 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control.

9. WARRANTY
9.1 We warrant that Elegant Access is free of spyware, trojan horses, viruses, or any other malware at the time of Your download.

9.2 EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, AND EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THIS
LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

9.3 In the event of any failure of Elegant Access to conform to any applicable warranty, You may notify the applicable Mobile Store Operator, and Your subscription fee will be refunded to You where appropriate. To the maximum extent permitted by applicable law, the Mobile Store Operators will have no other warranty obligation whatsoever with respect to Elegant Access, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.4 If the User is a Provider who subscribes to Elegant Access, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after Elegant Access was made available to the User. The statutory periods of limitation given by law apply for Users who are Patients or other Users.

10. PRODUCT CLAIMS
Lignum Vitae, LLC and the User acknowledge that Lignum Vitae, LLC, and not the Mobile Store Operators, is responsible for addressing any claims of the User or any third party relating to Elegant Access or the User's possession and/or use of Elegant Access, including, but not limited to:
Product liability claims; and

Any claim that Elegant Access fails to conform to any applicable legal or regulatory requirement; and

Claims arising under consumer protection, privacy, or similar legislation, including in connection with HIPAA and applicable state medical record laws.

11. MODIFICATIONS AND INTERRUPTIONS
11.1 We reserve the right to change, modify, or remove the Content of Elegant Access at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Services. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of Elegant Access or any part thereof.

11.2 We cannot guarantee Elegant Access will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Elegant Access, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Elegant Access at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use Elegant Access during any downtime or discontinuance of Elegant Access. Nothing in the EULA Agreement will be construed to obligate Us to maintain and support Elegant Access or to supply any corrections, updates, or releases in
connection therewith.

12. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to the EULA Agreement (each "Dispute", or collectively, "Disputes") brought by either You or Us (individually, a "Party", and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Volusia County, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration,
stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Volusia County, Florida, or in the appropriate court in closest proximity to Volusia County, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from the EULA Agreement.

In no event shall any Dispute brought by either Party related in any way to Elegant Access be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for
any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any
other persons.

Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiation or binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. CORRECTIONS
There may be information contained within Elegant Access or on the Elegant Access website (www.elegantaccess.online) that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Elegant Access at any time, without prior notice.

14. DISCLAIMER
ELEGANT ACCESS IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF ELEGANT ACCESS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ELEGANT ACCESS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ELEGANT ACCESS' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO ELEGANT ACCESS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ELEGANT ACCESS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ELEGANT ACCESS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ELEGANT ACCESS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ELEGANT ACCESS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ELEGANT ACCESS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. SEVERABILITY CLAUSE
Any part, provision, representation or warranty of this EULA Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this EULA Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction as to this EULA Agree, and shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this EULA Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this EULA Agreement without regard to such invalidity.

16. INDEMNIFICATION
You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

Your use of Elegant Access; or

Your breach of the EULA Agreement; or

Any breach of Your representations and warranties set forth in the EULA Agreement; or

Your violation of the rights of a third party, including but not limited to intellectual property rights; or

Any overt harmful act toward any other User of Elegant Access.

Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which
You are required to indemnify us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. USER DATA
We will maintain certain data that You transmit to Elegant Access for the purpose of creating Medical Records, audit trails, and providing other services through Elegant Access. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using Elegant Access. You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting Elegant Access, sending Us emails or SMS text messages, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on Elegant Access, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA ELEGANT ACCESS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

19. CALIFORNIA USERS AND RESIDENTS
If any complaint with Us is not satisfactorily resolved, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at
1625 North Market Blvd.
Suite N 112,
Sacramento, California 95834

or by telephone at (800) 952-5210 or (916) 445-1254.

20. UPDATES TO THE EULA AGREEMENT
Updates to the EULA Agreement may be made from time to time. Any updates to this EULA Agreement will be posted to the Elegant Access website (www.elegantaccess.online/eula.php) and shall be effective 30 days after such posting.

21. USER REGISTRATION
21.1 You are required to Register prior to using Elegant Access.

21.2 You agree to keep Your access credentials (access card, QR token, access keys, etc.) confidential and will be responsible for any improper use of these credentials. In many instances We are required to report suspected violations to the United States Department of Health and Human Services.

21.3 We reserve the right to remove, reclaim, or change a Username at Our sole discretion.

21.4 By Registering to use Elegant Access, You represent and warrant that:

All Registration Information You submit will be true, accurate, current, and complete; and

You will maintain the accuracy of such information and promptly update such Registration Information as necessary; and

You have the legal capacity to enter into this agreement and You agree to comply with the EULA Agreement; and

You are not under the age of 18; and

You will not access Elegant Access through automated or non-human means, whether through a bot, script or otherwise; and

You will not use Elegant Access for any illegal or unauthorized purpose; and
Your use of Elegant Access will not violate any applicable law or regulation.

If You provide any information that is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of Elegant Access (or any portion thereof).

22. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard
American Express
PayPal
Apple Pay
Google Pay

22.1 You agree to provide current, complete, and accurate purchase and account information for all purchases made via Elegant Access. You further agree to promptly update account and payment information, including email address, payment methods, and payment card expiration dates, so that We can complete Your transactions and contact You as needed. Sales tax will be added to the price of purchases as required by the applicable law. We may change prices at any time. All payments shall be in US dollars.

22.2 You agree to pay all subscription fees at the price then in effect for Your subscription and any applicable shipping fees. You further authorize Us to charge Your chosen payment provider for any outstanding fees due. If Your order is subject to recurring charges, then You consent to Our charging Your payment method on a recurring basis without requiring Your prior approval for each recurring charge, until such time as You cancel the applicable subscription. We reserve the right to correct any errors or mistakes in pricing, even if We have already requested or received payment.

22.3 We reserve the right to refuse any order placed through Elegant Access. We may, in Our sole discretion, limit or cancel quantities purchased per person, per entity, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers, or distributors.

23. FREE TRIAL
23.1 We may offer a free trial from time to time to new Users who register with Elegant Access. The account will be charged according to the User's chosen subscription service at the end of the free trial.

23.2 If You register a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this EULA Agreement by reference and are legally binding.
23.3 Users are limited to one (1) free trial per service per lifetime.

24. CANCELLATION
24.1 All purchases and subscriptions are non-refundable.

24.2 You can cancel Your subscription at any time by logging into Your account. Your cancellation will take effect at the end of the current paid term.

24.3 If You are unsatisfied with Our Services, please email Us at
the email address on our website, or call Us at 386-327-2298.

25. LEGAL COMPLIANCE
Elegant Access is intended solely for use within the United States and usage of Elegant Access outside of the country is prohibited. Further, You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

26. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning Elegant Access, please contact:
Technical Support
2048 Howland Blvd
Suite 390267
Deltona, FL 32739

Or email Us at the email address found on our website.

27. TERMINATION
The license is valid until terminated by Lignum Vitae, LLC or by You. Your rights under this license will terminate automatically and without notice from Lignum Vitae, LLC if You fail to adhere to any term(s) of this License. Upon License termination, You shall stop all use of Elegant Access, and destroy all copies, full or partial, of Elegant Access.

28. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Lignum Vitae, LLC represents and warrants that We will comply with applicable third-party terms of agreement when using Elegant Access.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement when Users utilize the Elegant Access Mobile Application and, upon Your acceptance of the terms and conditions of the EULA Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

29. INTELLECTUAL PROPERTY RIGHTS
Lignum Vitae, LLC and the User acknowledge that, in the event of any third-party claim that Elegant Access or the User's possession and use of that Elegant Access infringes on the third party's intellectual property rights, Lignum Vitae, LLC, and not the Mobile Store Operators or Web Browser Extension Providers, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

30. APPLICABLE LAW
The Terms and Your use of Elegant Access are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida without regard to its conflict of law principles.

31. MISCELLANEOUS
31.1 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

31.2 The Terms and any policies or operating rules posted by Us on Elegant Access or in respect to Elegant Access constitute the entire agreement and understanding between You and Us.

31.3 Our failure to exercise or enforce any right or provision of the EULA Agreement shall not operate as a waiver of such right or provision.

31.4 The EULA Agreement operates to the fullest extent permissible by law.

31.5 We may assign any or all of Our rights and obligations to others at any time.

31.6 There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of the EULA Agreement or use of Elegant Access.

31.7 You agree that the EULA Agreement will not be construed against Us by virtue of having drafted them.

31.8 You hereby waive any and all defenses You may have based on the electronic form of the EULA Agreement and the lack of signing by the parties hereto to execute the EULA Agreement.