Last updated Feb 12, 2026

These Terms of Use (or “Terms”) are a binding agreement between Telshur Inc. and its affiliates (collectively, “Telshur”, “we,” or “us”), and users of Telshur’s services. (“you” or “User”). These Terms govern your access to, and use of Telshur’s suite of Application and services owned and operated by Telshur for the purpose of medical communication and collaboration (the “Application”), as well as our other digital properties, products, and services to which you subscribe or purchase (collectively, with the Application, the “Services”). The parties hereto may be collectively referred to as the “Parties” or individually as a “Party”.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND ARBITRATION AGREEMENT THAT GOVERNS ANY DISPUTES BETWEEN YOU AND TELSHUR.

1. Terms Acceptance

To use the Services, you must agree to be unconditionally bound by these Terms. To be eligible to use the Services, you must be at least 18 years old of legal capacity to form a binding contract, be granted access to the Services by a Subscriber (defined in Section 4) and reside in a jurisdiction where the Services are marketed. YOU ACCEPT THE TERMS BY ACCESSING OR USING THE SERVICES IN ANY MANNER OR CLICKING TO ACCEPT OR AGREE TO THE TERMS WHERE THIS OPTION IS MADE AVAILABLE TO YOU. By accepting these Terms, you unconditionally agree on behalf of yourself and the healthcare practice or other organization by or through which you use the Services (“Practice”) to comply with these Terms in their entirety and you represent and warrant that you have the authority to bind the Practice to these Terms. These Terms will remain in effect as long as you use the Services. If you do not agree with any of these Terms, do not access or use the Services.By accepting these Terms, you represent and warrant that you meet the eligibility requirements to use the Services. If you do not meet all of these requirements, you must not use the Services. ACCEPTANCE OF THESE TERMS IS REQUIRED FOR YOUR USE OF THE SERVICES AND ANY USE OF THE SERVICES BY YOU SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS.

2. No Emergency Service

‍The Services should not be used where personal injury, loss of life, property damage, or financial loss is possible to you, your customers, or patients, or others. Telshur makes every reasonable effort to ensure reliable message delivery, but the Services are not designed for use as an emergency service. You acknowledge and agree that the Application and the mobile devices and networks on which the Application relies, are subject to failure and outages. You should always have an alternative means of accessing emergency services. Telshur is not intended to replace a phone service. DO NOT USE TELSHUR’S SERVICES IN EMERGENCY SITUATIONS OR WHEN FAST, URGENT, OR RAPID COMMUNICATION IS NEEDED.

3. Not Medical Diagnostic Service or Advice

The Services facilitate the transmission of forms and structured communications in the form of audio and image media files, forms, as well as text, web, and mobile app messages (collectively, “Communications”) as a service to enhance communication between trained medical professionals. THE SERVICES DO NOT OFFER MEDICAL DIAGNOSTICS, MEDICAL ADVICE OR CARE, OR PROFESSIONAL ADVICE OF ANY KIND. Telshur will never offer diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness or any other form of professional advice. You agree that the results of your use of the Services are not professional advice of any kind, nor any indication that you should take any particular action regarding advice to patients, your practice, or your organization. You are advised to complete your own analysis for diagnosis, treatment, and advice purposes within the requirements associated with your medical or other license, and any information provided through the Services should not be used in place of professional medical advice or judgment.Communications are to be used by trained medical professionals only and are not a replacement for training, education, or experience. Telshur does not represent or warrant that Communications are complete, correct, or appropriate for any particular purpose. Any reliance you place on such information is strictly at your own risk. COMMUNICATIONS ARE FOR INFORMATIONAL PURPOSES ONLY. TELSHUR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE SERVICES BY YOU OR BY ANYONE WHO MAY BE INFORMED THEREOF.

4. Subscription and Term

Telshur provides you access to the Services through a subscription agreement between Telshur and your affiliated company, organization, or entity (“Subscriber”) that grants you access to Services. The Subscriber must approve your access prior to any use of Services. The term of your access to Services will be determined by the terms of the Terms of Service or other written agreement for a subscription to the Services between Telshur and the Subscriber. Your Subscriber is responsible for payment of the subscription fees set forth in the Subscription Agreement, but you are responsible for any costs you incur while using the Services, including without limitation all your wireless and/or internet service, devices and equipment, sales taxes and any other fees and charges necessary to access and use the Services.

5. License Grant

Subject to these Terms, Telshur grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, download, install, and use the Services in compliance with these Terms. The term of such license shall follow the term duration of these Terms. Users must acknowledge and agree that the Services are provided under license, and not sold to User. Nothing in these Terms is intended to or may be construed as conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of Telshur or any third party, except as expressly provided in these Terms. Telshur reserves all rights not expressly granted in these Terms.

6. User Responsibilities

You agree to: (i) be responsible for compliance with these Terms and your and your Practice’s use of the Services by, through or in connection with these Terms; (ii) ensure your account information is accurate and up to date; (iii) be responsible for the accuracy and legality of any data, including protected health information (“PHI”), health data, and other Personal Information, that you input into the Services; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify Telshur promptly of any unauthorized access or use; (v) use the Services only in accordance with these Terms and all applicable laws and regulations, including without limitation HIPAA and applicable data protection laws; (vi) upon termination or expiration of your employment or contract with the Provider, take all necessary steps to deprovision your login credentials and discontinue all access to and use of the Services; and (vii) comply with the terms of service of any third party Application with which you use to access the Services. You are responsible for maintaining the confidentiality of any login credentials issued to you by Telshur and you are responsible for all activities that occur on your account. You are required to change your password every six months or when prompted by Telshur.

7. HIPAA and Privacy

You warrant that you have completed your Subscriber’s education and training related to the Health Insurance Portability and Accountability Act and its implementing rules (“HIPAA”) and compliance with health privacy and consumer privacy laws and regulations, and you further agree to only use the Services in compliance with such laws and regulations. You agree that you have analyzed the Services to your satisfaction and you have determined that the Services are adequate for your use thereof as a HIPAA covered entity. Use of the Services in violation of the requirements of this Section 7 may result in your immediate suspension of access to the Services at Telshur’s sole discretion. You agree to be solely responsible for your use of the Services in compliance with HIPAA, including without limitation safeguarding protected health information from unauthorized disclosure to third parties. YOUR USE OF THE SERVICES IS NOT A GUARANTEE OF HIPAA COMPLIANCE. By using the Services, you consent to Telshur’s Privacy Notice (available at https://www.telshurhealth.com/telshur-privacy and all actions taken by Telshur with respect to your Personal Information, subject to applicable privacy laws.

8. Prohibited Uses

You agree, represent, and warrant that you will not use the Services to do any of the following: (i) use your login credentials or otherwise access the Services at any time or for any purpose when you are not employed by or contracted with the Practice; (ii) download, install or use the Services on a device that you do not have permission to use, or on which the Services cannot be legally and rightfully operated; (iii) access any data on or through the Services which you are not authorized to access; (iii) defraud, deceive, or mislead anyone; (iv) use the Services in a manner that violates health privacy, consumer privacy, data protection, or consumer protection laws or regulations; (v) communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar, or offensive; (vi) promote or advertise any goods or services or send communications that are illegal, or any counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as to support a “pump and dump” scheme); (vii) in connection with doing anything that is, in Telshur’s sole judgment, abusive, harmful, threatening, harassing, defamatory, bullying, malicious, discriminatory, deceptive, misleading, unethical, unlawful, or which violates another person’s privacy rights, or which is otherwise objectionable; (viii) modify, translate, adapt, or otherwise create derivative works or improvements of the Services; (ix) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features for protecting the Services; (x) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; or (xi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any unauthorized third party.

9. Intellectual Property Rights

Unless otherwise expressly indicated, the information contained on the Services, including but not limited to all data, Application, images, content, text, information, page headers, button icons, designs, data, graphics, slogans, photographs, written information, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed on the Services, are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Contents”) are owned, controlled, or licensed by Telshur. The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. The absence of a product name or logo from this list in no way constitutes a waiver of Telshur’s intellectual property rights. No material contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the express written agreement of Telshur.

Telshur, www.postacute.telshur.com, telshurhealth.com and all related names logos, products and service names, designs and slogans are trademarks of Telshur or its affiliates or licensors.  You must not use, copy, or imitate such marks, whether in whole, partial or modified form, without the prior written permission of Telshur. You may not use any meta tags or any other hidden text utilizing a Telshur name, trademark, or product name without Telshur’s prior written permission. Third-party trademarks and service marks used on the Services are the property of their respective owners, and we use them with their consent. Telshur and the other licensors of the marks on the Services reserve all rights with respect to all Contents and all intellectual property. Improper use of trademarks displayed on the Services is strictly prohibited.

10. Reports

Telshur reserves the right to anonymize or deidentify your Personal Information that we collect from your use of Telshur (“Deidentified Information”) and combine it with other Deidentified Information to generate reports and studies. We may use these reports and studies for improvement of our services, to publish, to improve health care services, for marketing purposes, or to deliver to the Subscriber. Any such reports or studies are the sole and exclusive property of Telshur. Additionally, we may use any ideas, concepts, know-how, or techniques contained in generating reports or studies for any purpose, including but not limited to developing, manufacturing, or marketing products incorporating such information.

11. User Feedback

You may provide Telshur with materials, communications, suggestions, comments, improvements, ideas, or other feedback (collectively, “Feedback”). You hereby grant Telshur all rights, titles, and interests in and to any of your Feedback. In the event this grant is not sufficient for Telshur to fully realize and use the Feedback, you hereby grant Telshur a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate any of the Feedback into the Services, our websites, or other products or services. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party. Telshur has sole and absolute discretion whether to incorporate, ignore, or otherwise use such Feedback, but has no obligation to take any action related to any Feedback.

12. Mobile Application

Telshur may offer services via a mobile application (“APP”). To use the Services via mobile application, you must have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications (“Application Requirements”).  The Application Requirements for Apple iOS devices and Android OS devices can be found on the relevant App Store page. The App may be upgraded from time to time to add support for new functions and services. The App may request certain privacy permissions from time to time such as access to your calendar, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of the agreement with your respective mobile network provider will continue to apply when using the App. Data and messaging charges may apply to your use of the Services or any text messaging or photo-sharing features you use via the App. You accept responsibility for any such charges that arise.  If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

13. Access to Services; Updates

Telshur will use commercially reasonable efforts to maintain availability of the Services. You agree and understand that there will be times when the Services will not be available, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by Application, hardware, or other users; and causes beyond our reasonable control. Telshur is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Service access or caused by User’s device or User’s internet or wireless service provider. Telshur may, in our sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree to promptly download and install all Updates once notified and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You agree that Telshur has no obligation to provide any Updates and that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

14. Compliance with Applicable Laws

You agree to, at all times, comply with all applicable laws and regulations when using the Services, including without limitation: (i) laws governing health privacy, consumer privacy and data protection; (ii) the U.S. CAN-SPAM Act, the Canadian Anti-Spam Legislation, and the U.S. Telephone Consumer Protection Act; (iii) applicable healthcare laws; (iv) the U.S. Foreign Corrupt Practices Act of 1977 and the U.K. Bribery Act of 2010, each as amended; and (v) all United States export laws, rules, and regulations, including but not limited to Export Administration Regulations, and you agree not to export the Services or any component thereof without first obtaining all required authorizations or licenses. Telshur makes no representations that the Services or your use thereof complies with legal or regulatory requirements applicable to Users or Subscribers. Use of the Services from jurisdictions where such access is illegal is prohibited. If you choose to use the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. Telshur is not responsible for any violation of law in relation to the Subscriber’s or its Users’ use of the Services. Nothing in these Terms shall affect an individual’s statutory consumer rights, as applicable.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS-IS” AND TELSHUR DISCLAIMS, AND THESE TERMS EXPRESSLY EXCLUDE, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES; (B) THAT THE SERVICES ARE ERROR-FREE, FAULT-TOLERANT, OR FAIL-SAFE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND APPLICATION CONFIGURATIONS, OR THAT ALL NON-CONFORMITIES CAN OR WILL BE CORRECTED; (C) OF NONINTERFERENCE, SYSTEM INTEGRATION, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (D) THAT ACTIVITIES BY YOU, THE PRACTICE, OR ANY END USER OF THE SERVICES WILL LEAD TO ANY SPECIFIC OUTCOME OR RESULT OR WILL COMPLY WITH APPLICABLE LAWS. TELSHUR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO (I) ANY ACTIVITIES OF AN END USER OF THE SERVICES OR (II) ANY THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR ANY APPLICATION, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES. YOU AGREE THAT ITS USE OF THE SERVICES IS AT ITS SOLE DISCRETION AND RISK.  NOTWITHSTANDING THE FOREGOING, TELSHUR DOES NOT WARRANT THAT ITS SERVICES SHALL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE AT THE TIME OF DELIVERY.

16. Limited Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TELSHUR, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (“DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO (A) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES; (B) USE OF THE SERVICES BY YOU OR THE PRACTICE OR ANY OTHER END USER ACCESSING THE SERVICES IN RELATION TO THE PRACTICE AND ANY AND ALL ACTIVITIES ON THE SERVICES THROUGH YOUR LOGIN CREDENTIALS OR ACCOUNT; OR (C) ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WITHOUT LIMITING THE FOREGOING IN ANY WAY, IN NO EVENT SHALL TELSHUR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE AMOUNT IN FEES PAID BY SUBSCRIBER TO TELSHUR UNDER THESE TERMS IN THE THREE (3) MONTHS PRIOR TO THE DATE THE CLAIM ARISES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TELSHUR AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF THE SERVICES INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY OR VIOLATES APPLICABLE LAW; (B) ALLEGING THAT YOU OR YOUR PRACTICE HAS VIOLATED HIPAA OR A HEALTH PRIVACY, DATA PROTECTION, OR CONSUMER PRIVACY LAW; OR (C) ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE. YOU FURTHER AGREE TO HOLD TELSUR HARMLESS FOR THE UNAVAILABILITY OR LOSS OF DATA, FORMS, OR RECORDS OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TELSHUR WITH RESPECT TO ANY CLAIM RELATED TO YOUR FEEDBACK OR OTHER CONTENT THAT YOU SUBMIT TO THE SERVICES.

18. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and Telshur arising out of or relating to: (i) these Terms, or the breach thereof; (ii) our provision of the Services; (iii) your access to or use of the Services; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.

a. Class Action Waiver. You may only resolve Disputes with Telshur on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.

b. Arbitration Agreement. You and Telshur each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Vancouver, Washington, United States, or any other location we agree to. The AAA rules will govern the payment of all arbitration fees. Notwithstanding the foregoing, either you or Telshur may assert claims, if they qualify, in small claims court in Vancouver, Washington or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights without first engaging in arbitration.

c. Legal Fees.  If any dispute arises between the parties with respect to the matters covered by these Terms which leads to a proceeding to resolve such dispute, the prevailing party in such proceeding shall be entitled to receive its reasonable attorneys’ fees, expert witness fees, and out-of-pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded.

d. Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

19. Miscellaneous Terms

a. Relationship of the Parties. No joint venture, partnership, employment, or agency relationship exists between you and Telshur as a result of these Terms or your use of the Services. The Parties are independent contractors. These Terms do not create an exclusive relationship between the Parties.

b. Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws. The Services are void where prohibited.

c. Governing Law. These Terms shall be governed by Washington State laws without regard to conflicts of law principles. The Parties consent to exclusive jurisdiction and venue of the state and federal courts located in Clark County, Washington. The prevailing Party in a dispute hereunder may recover its reasonable attorneys’ fees, costs, and other expenses.

d. Entire Agreement. These Terms and the documents and terms incorporated herein by reference constitute the entire agreement between you and Telshur with respect to the Services and supersede all prior or contemporaneous understandings and Terms, whether written or oral, with respect to the Services. The headings used for the sections of these Terms are for information purposes and convenience only. Sections 2, 3, 7, 9 through 11, and 17 through 19 shall survive termination of these Terms.

e. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Telshur’s prior written consent, but may be freely assigned by Telshur without restriction. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.

f. Severability; No Waiver. If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect. Telshur’s failure to act with respect to any breach hereof does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

g. Notices. All notices and other communications under these Terms shall be in writing and shall be deemed given if delivered personally, by email, or sent by priority mail to the receiving Party at the contact details provided by such Party.