FREESTATE HEALTHCARE SOFTWARE PLATFORM
Terms of Use
Effective Date: 08/01/2026
Version 1.2
These Terms of Use (these “Terms”) are an agreement between you and FreeState Health LLC, a Kansas professional limited liability company (“FreeState Healthcare”, “we”, “our”, or “us”) and governs your use of the FreeState Healthcare software application (the “App”), which you can access at www.freestatehealthcare.com, through compatible Internet browsers and/or by downloading our mobile app from the Google Play store or the iTunes App Store.
Please read these Terms carefully. BY USING THE APP, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE APP.
1. Summary of the App. The App is a software platform that facilitates telemedicine, or the remote provision of medical services, and some aspects of in-person medical services as well. Both FreeState Healthcare and organizations that are not affiliated with FreeState Healthcare provide medical services through the App.
2. Definitions.
(a) “Documentation” means user manuals, instructional videos, or other materials made available to you by FreeState Healthcare in printed, electronic or other form, that describe the operation, use, functionality, or technical specifications of the App.
(b) “Patient” means an individual natural person who uses the App to schedule, pay for, and/or receive medical or health-related services for his, her, or their own personal individual benefit.
(c) “Master Agreement” means the agreement between a Non-Affiliated Provider and FreeState Healthcare or FreeState Healthcare’s authorized distributor under which such Non-Affiliated Provider is permitted to provide medical services through the App.
(d) “Medical Professional” means an individual natural person who is an employee, contractor, representative, or agent of a Medical Provider Organization that is given access to and uses the App on the Medical Provider Organization’s behalf and may include, without limitation, physicians, nurses, and other medical professionals.
(e) “Medical Provider Organization” means any organization that provides medical services through the App. This could be FreeState Healthcare or a hospital, clinic, physician’s office, or other organization that is not affiliated with FreeState Healthcare.
(f) “Non-Affiliated Provider” means an organization other than FreeState Healthcare that provides medical services through the App.
(g) “Non-Affiliated Medical Services” means medical services provided through the App by a Medical Provider Organization other than FreeState Healthcare.
(h) “you” and “your” refers only to you, the individual end user, if you are a Patient or a Medical Professional hired by FreeState Healthcare (whether as an employee or contractor). If you are a Medical Professional associated with a Non-Affiliated Provider, unless the context indicates otherwise, “you” and “your” refers collectively to you, the Medical Professional, and the Non-Affiliated Provider that you are associated with.
3. License Grant. Subject to your strict compliance with these Terms and any other written agreement(s) between you and FreeState Healthcare, FreeState Healthcare hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use the App solely in accordance with these Terms and for the following purposes:
(a) If you are a Patient, you may use the App only for your own personal benefit and may not use the App for commercial purposes.
(a) If you are a Medical Professional, you may use the App only for the internal business purposes of the Medical Provider Organization that you are associated with.
4. Scope of License. The licenses granted herein include the limited right and license to do the following, only for the purposes expressly permitted herein:
(a) Use and access the App in accordance with these Terms.
(b) Download, print, copy, view and display any reports or information displayed in or generated using the App.
(c) Download, print, or otherwise view and display any Documentation and use such Documentation solely in support of your licensed use of the App in accordance with these Terms.
5. Copies. All copies of the Documentation and App made by you:
(a) will be the exclusive property of FreeState Healthcare;
(b) will be subject to the terms and conditions of these Terms; and
(c) must include all trademark, copyright, patent and other intellectual property rights notices contained in the original.
6. Use Restrictions. You shall not, directly or indirectly, except as expressly permitted in these Terms or any other written agreement(s) between you and FreeState Healthcare:
(b) use (including make any copies of) the App or Documentation beyond the scope of the license granted hereunder;
(c) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App or Documentation or any part thereof;
(d) combine the App or any part thereof with, or incorporate the App or any part thereof in, any other programs;
(e) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(f) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App or Documentation, including any copy thereof;
(g) copy the App or Documentation, in whole or in part;
(h) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;
(i) use the App in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems;
(j) use the App in violation of any federal, state or local law, regulation or rule; or
(k) use the App for purposes of competitive analysis of the App, the development of a competing product or service or any other purpose that is to the FreeState Healthcare's commercial disadvantage.
7. Login Credentials. You shall not share or disclose your log-in credentials with or to any other individual or entity, even if the other individual is also a Medical Professional working for the same Medical Provider Organization. If you discover or suspect that your log-in credentials have been accessed or used by anyone other than you, you must promptly change or reset your password. You are responsible for maintaining the confidentiality of your login credentials. You are responsible and wholly liable for all acts or omissions committed under your login credentials. We will not be held responsible or liable for any losses, damages, or liabilities you or any third party may incur as a result of someone else using your login credentials, either with or without your knowledge. Notwithstanding the foregoing, you will not be liable for unauthorized use of your login credentials to the extent such unauthorized use results directly from FreeState Healthcare's own gross negligence or willful misconduct.
8. Compliance Measures. The App may contain technological copy protection or other security features designed to prevent unauthorized use of the App, including features to protect against use of the App that is beyond the scope of the license granted in these Terms or that is prohibited by these Terms. You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to, any such copy protection or security features.
9. Collection and Use of Personal Information. Please see our privacy policy, available at www.freestatehealthcare.com, regarding our collection, use, and transfer of your personal information. Our privacy policy is incorporated by reference into and made a part of these Terms. By using the App, you consent to the terms of our privacy policy. Please note that if you are a Patient who receives medical services through the App from Non-Affiliated Providers, your personal information will be provided to and used by both FreeState Healthcare in accordance with our privacy policy and such Non-Affiliated Providers in accordance with their privacy policies. FreeState Healthcare is not responsible for the privacy policies of Non-Affiliated Providers or their practices related to collection, use, storage, transmission, sharing, processing, or security of your personal information. To the extent FreeState Healthcare and a Non-Affiliated Provider jointly handle protected health information in connection with services delivered through the App, such handling is governed by a Business Associate Agreement between FreeState Healthcare and the applicable Non-Affiliated Provider.
10. Collection of Usage Data. FreeState Healthcare may, directly or indirectly, including by automated means and by means of providing maintenance and support services, collect and store information regarding your use of the App, its performance, and equipment on which the App is installed or through which it otherwise is accessed and used, such as dates and times of use by each end user of the App, activities conducted using the App, the type of web browser used to access the App, the operating system/platform you are using, your IP address, and your CPU speed. FreeState Healthcare may use such information for any purpose related to the App, including but not limited to improving the performance of the App, developing updates, and verifying compliance with the terms of these Terms and enforcing FreeState Healthcare's rights, including all intellectual property rights in and to the App. To the extent such information constitutes protected health information under HIPAA, FreeState Healthcare will use and disclose such information only as permitted by applicable law, including HIPAA, and in accordance with its Notice of Privacy Practices. FreeState Healthcare may use de-identified or aggregated usage data that does not constitute protected health information for any purpose related to the App, including product development, performance improvement, and analytics.
12. Intellectual Property Rights. You acknowledge that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights to the App other than to use the App in accordance with the license granted under these Terms and any other written agreement(s) between you and FreeState Healthcare, subject to all terms, conditions and restrictions contained therein and herein. FreeState Healthcare reserves and shall retain its entire right, title and interest in and to the App and all intellectual property rights arising out of or relating to the App, subject to the licenses expressly granted in these Terms and any other written agreement(s) between you and FreeState Healthcare. You shall use commercially reasonable efforts to safeguard the App (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.
Section 13. Disclaimer of Liability.
(a) General Disclaimer. IN NO EVENT WILL FREESTATE HEALTHCARE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR EMPLOYEES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FREESTATE HEALTHCARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE EXTENT FREESTATE HEALTHCARE'S LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FREESTATE HEALTHCARE'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE FEES PAID BY YOU TO FREESTATE HEALTHCARE IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) Non-Affiliated Medical Services. FreeState Healthcare acts solely as a technology platform with respect to Non-Affiliated Medical Services and is not a party to the clinical relationship between any patient and a Non-Affiliated Provider. FreeState Healthcare bears no responsibility for, and shall have no liability arising out of or related to, any clinical decisions made by Medical Professionals associated with Non-Affiliated Providers, including but not limited to diagnosis, treatment planning, prescribing, referral, or any other act or omission in the delivery of Non-Affiliated Medical Services, regardless of whether such services were facilitated through the App.
(c) No Medical Advice. The App does not provide medical advice, diagnosis, or treatment with respect to Non-Affiliated Medical Services. Nothing in the App or these Terms should be construed as the provision of medical advice by FreeState Healthcare in connection with Non-Affiliated Medical Services. Patients receiving Non-Affiliated Medical Services through the App should not rely on any feature or output of the App as a substitute for the professional medical judgment of their treating Non-Affiliated Provider.
(d) Provider Credentials. FreeState Healthcare makes no representation or warranty regarding the qualifications, licensure, competence, or conduct of any Non-Affiliated Provider or Medical Professional associated with a Non-Affiliated Provider. Verification of provider credentials and compliance with applicable licensure requirements is the sole responsibility of the Non-Affiliated Provider.
13. (e) Personal Injury — Patients. Notwithstanding Section 13(a), FreeState Healthcare's total cumulative liability to any Patient for personal injury claims arising from Non-Affiliated Medical Services shall not exceed the fees paid by that Patient to FreeState Healthcare in the twelve months preceding the claim. This limitation does not apply to claims arising from FreeState Healthcare's own gross negligence or willful misconduct.
14. Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US.
15. Feedback and Comments. If you submit feedback, suggestions, ideas, or comments (collectively, “Comments”) to us through the App or via email or phone, including suggestions for improvements to the App or FreeState Healthcare’s products and services, you grant FreeState Healthcare a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right and license, without restriction, remuneration, or attribution of authorship to use, publish, disclose, display, perform, copy, make, have made, use, sell, and otherwise commercially exploit your Comments in any manner and via any media that FreeState Healthcare chooses without reference to the source. You acknowledge that your Comments are not binding upon FreeState Healthcare in any way.
16. Modifications to this Agreement. We reserve the right to modify these Terms at any time. If we do so, we will post the modified Terms on our website at www.freestatehealthcare.com, and make it available within our App, and will notify you by email or in-app notification at least thirty (30) days before the modified Terms take effect. For modifications that materially affect your rights or obligations under these Terms, including changes to data handling, liability, or dispute resolution provisions, we will require your affirmative consent before the modified Terms take effect with respect to you. Your continued use of the App following the effective date of any modification constitutes your acceptance of these Terms, as amended. If you do not agree to the modified Terms, you must discontinue use of the App before the effective date of the modification.
17. Termination. The license granted under these Terms shall automatically terminate if (a) FreeState Healthcare ceases to provide and maintain the App; (b) you breach or violate any of these Terms or any other written agreement(s) you have entered into with FreeState Healthcare; or (c) you misuse the App in any way. If you are a Medical Professional, the license granted hereunder and your access to the App will also terminate in the event (i) the Master Agreement expires or is terminated for any reason or (ii) you cease to be authorized by the Service Provider Organization you are associated with to use the App for any reason. FreeState Healthcare may also terminate these Terms and the license granted hereunder at any time and for any reason upon thirty (30) days' written notice to you. Termination will not limit any of FreeState Healthcare’s rights or remedies under this Agreement, at law, and/or in equity. Upon the expiration or termination of the licenses granted hereunder, regardless of how it occurs: (x) all rights granted to you in these Terms will immediately and automatically terminate; (y) you must cease all use of the App, and (z) you acknowledge and agree that FreeState Healthcare may disable your access to the App. Upon termination of these Terms for any reason: (A) if you are a Patient, you will have thirty (30) days following the effective date of termination to export or retrieve your records through the App, after which FreeState Healthcare shall have no obligation to maintain or provide access to your data; (B) FreeState Healthcare will retain and delete your personal information in accordance with its privacy policy and applicable law, including applicable medical records retention requirements; and (C) notwithstanding termination of these Terms, FreeState Healthcare's obligations with respect to protected health information under any applicable Business Associate Agreement shall survive termination. Provisions of these Terms that by their nature or express terms would reasonably be expected to survive termination of these Terms and/or the licenses granted hereunder shall survive such termination, including without limitation Sections 2, 5, 6, and 8, Sections 10 through 13 , Section 15, clauses (c) through (g) of Section 18, and Sections 20 through 24.
18. Additional Terms for Patients. The provisions of this Section 18 apply to you only if you are a Patient.
(a) Updates, Modifications, and Termination of the App. There is no guarantee that we will continue to offer the App, and we may at any time and for any reason modify, discontinue, suspend, or restrict any aspect or feature of the App or the entire App. FreeState Healthcare reserves the right to modify, change, add to, or remove any part of the App at any time in its sole discretion. FreeState Healthcare may from time to time in its sole discretion, develop and provide updates to the App, which may include upgrades, bug fixes, patches, and other error corrections and/or new features. You agree that FreeState Healthcare has no obligation to provide any such update s or to continue to provide or enable any particular features or functionality.
(b) Additional Terms and Agreements. The Medical Provider Organization(s) that provide medical services to you through the App may require you to agree to additional terms. For example, we or they may require you to agree to a Consent to Treatment, Notice of Privacy Practices for Protected Health Information, Liability Waiver, Assignment of Benefits, Authorization to Release Medical Information, privacy policy, or other terms, policies, and/or agreements. You understand and agree that, if you procure, schedule, pay for, or receive medical services from a Non-Affiliated Provider, you are agreeing to be bound by terms, policies, and agreements with such Non-Affiliated Provider, and not with FreeState Healthcare, and any rights you have under those terms, policies, and agreements must be enforced against the Non-Affiliated Provider, not against FreeState Healthcare. FreeState Healthcare shall have no liability or obligations to you under the terms, policies, or agreements of Non-Affiliated Providers.
(c) No Responsibility for Non-Affiliated Medical Services. FreeState Healthcare is not responsible for, and shall have no liability to you related to, Non-Affiliated Medical Services. If you have any problems with Non-Affiliated Medical Services you receive through the App, you must seek recourse from the applicable Non-Affiliated Provider, and not from FreeState Healthcare.
(e) Disclaimer of Warranties. THE APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREESTATE HEALTHCARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE APP AND ANY NON-AFFILIATED MEDICAL SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TIMELINESS, ACCURACY, COMPLETENESS, RELEVANCE, SATISFACTORY QUALITY, RELIABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT; AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE. OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, FREESTATE HEALTHCARE MAKES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP OR NON-AFFILIATED MEDICAL SERVICES WILL MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREESTATE HEALTHCARE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE APP OR ANY NON-AFFILIATED MEDICAL SERVICES, OR THE INTERCEPTION OR LOSS OF ANY DATA OR COMMUNICATIONS TRANSMITTED TO OR FROM THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT ARE A MATERIAL PART OF OUR AGREEMENT.
If you are dissatisfied with any portion of our App, or with any provision of this Agreement, your sole and exclusive remedy is to discontinue use of the App.
19. Additional Terms for Non-Affiliated Medical Professionals. The terms of this Section 19 apply to you only if you are a Medical Professional associated with a Non-Affiliated Provider.
YOU ARE PROVIDED THE APP PURSUANT TO THE MASTER AGREEMENT BETWEEN FREESTATE HEALTHCARE AND THE NON-AFFILIATED PROVIDER YOU ARE ASSOCIATED WITH, SOLELY FOR THE BENEFIT OF THE NON-AFFILIATED PROVIDER AND AT THE NON-AFFILIATED PROVIDER'S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THE MASTER AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY THAT FREESTATE HEALTHCARE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE APP SHALL BE SOLELY TO THE NON-AFFILIATED PROVIDER PURSUANT TO THE MASTER AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
Non-Affiliated Providers are also required to enter into a Business Associate Agreement with FreeState Healthcare governing the handling of protected health information in connection with services delivered through the App.
In the event of any conflict or inconsistency between the Master Agreement and these Terms, the terms of the Master Agreement shall control.
20. Equitable Remedies. You agree and acknowledge that breach of this Agreement by you may cause immediate and irreparable harm, for which monetary damages would be inadequate or difficult to ascertain. You therefore agree that upon the existence of any such breach or threatened breach, FreeState Healthcare may immediately seek a temporary restraining order or other appropriate form of equitable relief, without posting a bond or other form of security, from any court having jurisdiction over the matter. This paragraph will not limit FreeState Healthcare’s rights to obtain monetary damages in addition to or as substitution for such equitable relief.
22. Governing Law. These Terms shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Kansas.
23. Dispute Resolution. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration before a single arbitrator in Wichita, Kansas, administered by the American Arbitration Association under its Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. YOU AND FREESTATE HEALTHCARE 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.
24. Waiver. The waiver of any breach of or a default under any provision of this Agreement shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder, operate as a waiver of any right or remedy.
25. Severability. If any term, provision or covenant or condition of these Terms is held invalid, void or unenforceable, the remaining terms and provisions of this Agreement shall remain in full force and effect.