Terms of Service

These Terms of Service (Terms) govern your access to and use of the Forthbridge OS platform, its applications, and associated websites operated by Forthbridge, LLC (“Forthbridge,” “we,” “us,” or “our”). By accessing, browsing, or using any Forthbridge service, or by clicking “I Agree” or any similar button or checkbox presented to you, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must cease all use of and access to the platform.

Throughout these Terms, “you” or “your” refers to you, the individual, organization, or other entity accessing or using the platform, and, where applicable, any authorized representative accepting these Terms on behalf of such organization. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have obtained all necessary authorizations to do so, you have the legal authority to bind that organization to these Terms, you will inform such organization of these Terms, and references to “you” refer to that organization. If you do not have such authority, you must not accept these Terms or use the Forthbridge OS platform.

Access to the Forthbridge OS platform may be provided directly by Forthbridge or through an authorized partner (e.g., Atticus Health). Regardless of how access is provisioned, these Terms apply to your use of the platform.

Forthbridge OS is a healthcare platform providing clinical, operational, and administrative applications for healthcare providers and organizations — including both Forthbridge-built and custom applications.

Access to the Forthbridge OS platform is provided by Forthbridge or through your organization, as applicable. Access levels are defined in the platform and documented in your onboarding materials.

You are responsible for:

• Maintaining the confidentiality and security of your login credentials.
• All activity that occurs under your account.
• Notifying Forthbridge or your organization’s administrator (as applicable) promptly if you suspect unauthorized access.

Where access is provisioned through an organization, the organization is responsible for managing its users’ access, including provisioning and deprovisioning accounts in a timely manner. In such cases, the organization is responsible and liable for all acts and omissions of its users (including providers, staff, patients, and any other individual granted access) as if they were the acts and omissions of the organization itself. This includes, without limitation, any user’s violation of these Terms, misuse of the platform, unauthorized disclosure of data accessed through the platform, or any claims arising from a user’s reliance on platform outputs. The organization shall indemnify Forthbridge against any losses arising from a failure to properly manage user access or from any user’s acts or omissions.

In compliance with applicable law, you retain ownership of all data you submit to the platform (Customer Data). By using the platform, you grant Forthbridge a non-exclusive, worldwide, royalty-free license to process, store, reproduce, and use Customer Data to: (a) operate the platform and provide the services described in your applicable service agreement; (b) improve, develop, and enhance the platform and Forthbridge’s products and services, including through the use of machine learning and artificial intelligence technologies; (c) generate de-identified, aggregated, or anonymous data as described below; and (d) compile performance metrics, benchmarking data, and usage statistics for Forthbridge’s administration and management as well as other purposes. You represent and warrant that you have obtained all necessary rights, consents, and authorizations to provide Customer Data to Forthbridge and to grant the foregoing license.

Customer Data is logically isolated per customer account. No other customer or unauthorized party can access your data. All Customer Data is stored and processed in the United States. Forthbridge may create de-identified, aggregated, or anonymous data from Customer Data by removing all identifiable information (using HIPAA Safe Harbor or Expert Determination methods where PHI is involved). Once de-identified, such data is no longer Customer Data or PHI and may be used by Forthbridge without restriction for any lawful purpose, including after termination or expiration of these Terms, any service agreement, or any other contractual arrangement.

Where applicable, Forthbridge will enter into a Business Associate Agreement (BAA) with your organization — or with an authorized partner on your behalf — for purposes of safeguarding any Protected Health Information (PHI) that is processed on the platform.

The handling of PHI is governed by the BAA and applicable HIPAA regulations, not these Terms. Where access is provided through an authorized partner, the BAA is between the authorized partner and Forthbridge, with your organization covered under that arrangement.

Platform availability, response times, and support tiers are as described in your applicable service agreement or order form.

Forthbridge provides technology infrastructure only — it does not provide medical advice, diagnosis, treatment, or clinical recommendations of any kind. AI-generated content within the platform (such as visit briefs and encounter notes) is assistive only and may contain errors, omissions, or inaccuracies. All AI-generated content requires independent clinical review and verification by a qualified, licensed healthcare professional before any clinical action is taken or any reliance is placed upon such content.

Healthcare organizations and their licensed providers remain solely and exclusively responsible for all clinical decisions, patient care, and treatment outcomes, regardless of whether such decisions were informed by, based on, or related to any output, data, or content provided through the platform. Forthbridge shall have no liability whatsoever for clinical decisions or patient outcomes.

The Forthbridge OS platform includes artificial intelligence (AI) features designed to assist healthcare providers with clinical documentation and operational workflows. The following terms apply to all AI features:

Customer Data and Model Improvement

Forthbridge does not provide Customer Data, including PHI, to third-party AI providers for the purpose of training their general-purpose models. Forthbridge may use de-identified and aggregated data (as described in the Customer Data section above) to improve its own platform features and AI capabilities without restriction. Customer Data processed by AI features to generate outputs for your organization is not retained by third-party AI providers after processing. Forthbridge makes no representation or warranty regarding the accuracy, completeness, or reliability of any AI-generated output.

Assistive Only — Human Review Required

All clinical decisions are made by your organization and their licensed providers exercising independent medical judgment. AI features are assistive tools only and do not replace professional clinical judgment. All AI-generated outputs may contain errors, omissions, or inaccuracies and are not guaranteed to be correct or complete. Your organization is solely responsible for ensuring that all AI-generated outputs are reviewed, validated, and approved by qualified personnel before being relied upon for any clinical, operational, administrative, or other decision. Forthbridge disclaims all liability for any loss, injury, or damage arising from reliance on AI-generated outputs.

Third-Party AI Services

Where Forthbridge uses third-party AI service providers, no PHI is shared with such providers unless a BAA is in place with the third-party provider.

How Forthbridge Uses AI

AI-powered features may be used to: (a) facilitate appointment scheduling, connect individuals with appropriate providers, route calls, and manage wait times; (b) perform administrative functions such as automated appointment reminders, intake processing, and preliminary information gathering prior to clinical encounters; (c) assist organizations and their licensed providers with clinical decision support, including symptom assessment, medication interaction checks, and evidence-based treatment recommendations; and (d) generate responses to health-related inquiries through AI-powered chat, voice, or video interfaces deployed on the platform.

AI Interaction Disclosure

When you or a patient interacts with AI-powered features on the Forthbridge OS platform, the communication may be with an AI system rather than a human being. Forthbridge will disclose when interacting with an AI system. AI systems on the platform do not hold any healthcare license and are not licensed healthcare providers. Any terms used in the platform interface (such as “health assistant,” “care navigator,” or similar) refer to AI-powered technology tools and do not indicate or imply the involvement of a licensed medical professional unless expressly stated. (Required by Colorado SB 26-189; California AB 489.)

AI-Generated Communications

Any written or verbal communication pertaining to clinical information that is generated or substantially drafted by AI through the platform will include: (1) a clear and prominent disclaimer indicating that the communication was AI-generated; and (2) instructions on how to contact a human healthcare provider directly. (Required by California AB 3030.)

Recording and Transcription

Sessions will not be recorded or transcribed by AI unless separately informed in writing of such use and express consent is received prior to the recording or transcription. (Written consent for AI transcription required by Illinois law.)

Non-Discrimination

Forthbridge does not deploy AI systems with the intent to discriminate against any individual on the basis of race, color, national origin, sex, age, disability, religion, genetic information, or any other classification protected under applicable federal or state law. Forthbridge maintains processes to identify, document, and mitigate known or reasonably foreseeable risks of algorithmic discrimination in the AI systems it deploys. (Required by Texas TRAIGA; Colorado SB 26-189.)

Adverse Decisions and Rights

If an AI system deployed on the Forthbridge OS platform is used to make or materially influence a decision that adversely affects access to healthcare services, in certain jurisdictions, patients have the right to: (a) receive an explanation of the principal reasons for the decision, including the role that AI played in making or influencing it; (b) request correction of any inaccurate personal data that the AI system may have processed; and (c) request human review of the decision. To exercise any of these rights, please contact Forthbridge at the address provided in the Contact section below. (Required by Colorado SB 26-189.)

Mental Health Services Restrictions

In certain jurisdictions, the use of AI to provide or claim to provide professional mental or behavioral healthcare services is prohibited or restricted. To the extent the platform is used for mental or behavioral health services, AI will not directly interact for the purpose of providing therapy, counseling, or psychotherapy. AI may be used for administrative support functions only (e.g., scheduling, record management) in connection with mental health services unless a licensed mental health provider is directly supervising the AI output. (Required by Illinois WOPRA; Nevada AB 406; California AB 489.)

Data Use

Information provided by patients may be processed by AI systems for the purposes described above. All such processing is conducted in compliance with applicable privacy laws, including HIPAA.

You may:

• Use the Forthbridge OS platform for your internal healthcare operations, as authorized under your applicable service agreement.
• Use Forthbridge documentation for evaluation and reference purposes.

You agree not to:

• Share your login credentials with any other person.
• Reverse-engineer, decompile, or disassemble the platform or any of its components.
• Use the platform or its data to develop or improve a competing product or service.
• Transmit malware, viruses, or any code designed to disrupt or damage the platform.
• Attempt to gain unauthorized access to any part of the platform, other accounts, or connected systems.
• Scrape, bulk-download, or systematically extract data from the platform.
• Exceed your authorized access level or use the platform on behalf of unauthorized third parties.
• Use the platform for any purpose other than healthcare operations as contemplated by your service agreement.

Forthbridge reserves the right to immediately suspend or terminate your access to the platform, without prior notice and without liability, if Forthbridge reasonably determines that you have violated these Use Restrictions, that your use poses a security risk to the platform or other users, or that suspension or termination is necessary to comply with applicable law or to protect Forthbridge’s rights. Any such suspension or termination does not relieve you of your obligations under these Terms, including payment obligations.

Forthbridge OS, all applications, documentation, user interfaces, designs, algorithms, models, training data (excluding Customer Data), and related technology are the sole and exclusive property of Forthbridge, LLC and are protected by applicable intellectual property laws, including copyright, patent, trademark, and trade secret laws. “Forthbridge” and “Forthbridge OS” are trademarks of Forthbridge, LLC. No rights or licenses are granted except as expressly set forth in these Terms.

Your use of the platform grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the platform solely as authorized under your applicable service agreement and solely during the term of such agreement. No license is granted to reproduce, distribute, modify, create derivative works of, reverse-engineer, or otherwise exploit the platform, its source code, algorithms, or documentation without prior written permission from Forthbridge. All rights not expressly granted herein are reserved by Forthbridge.

Feedback

If you provide Forthbridge with ideas, suggestions, feature requests, or other feedback regarding the platform (Feedback), you hereby irrevocably assign to Forthbridge all right, title, and interest in and to such Feedback. To the extent such assignment is not enforceable, you grant Forthbridge a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, modify, incorporate, and commercialize such Feedback in any manner and for any purpose without obligation or compensation to you. Forthbridge has no obligation of confidentiality with respect to Feedback, and nothing in this section obligates Forthbridge to use any Feedback.

Your use of the platform is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information.

The platform integrates with third-party services — including electronic health record systems, laboratories, and pharmacies — through its integration engine. Forthbridge is not responsible for the availability, performance, accuracy, protection, security, or data handling practices of any third-party services, and Forthbridge disclaims all liability for any loss or damage arising from or related to such third-party services, regardless of whether a BAA is in place with the third-party provider. Your use of any third-party service is at your sole risk and subject to such third party’s terms and conditions.

Each party may disclose confidential business information to the other in connection with the platform and these Terms (Confidential Information). Confidential Information includes, without limitation, pricing, technical specifications, business plans, product roadmaps, clinical workflows, and any other information that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

The receiving party will: (a) use Confidential Information only as necessary to exercise its rights or perform its obligations under these Terms; (b) not disclose Confidential Information to any third party except to its employees, contractors, and advisors who have a need to know and who are bound by written confidentiality obligations at least as protective as this section; and (c) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than a commercially reasonable standard of care.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.

The receiving party may disclose Confidential Information if required by law, regulation, or court order, provided the receiving party gives the disclosing party prompt notice (to the extent legally permitted) and reasonable assistance in seeking a protective order.

PHI is governed by the BAA, not this section. To the extent there is a conflict between this section and the BAA with respect to PHI, the BAA controls.

This obligation survives termination of these Terms for a period of three (3) years, except that obligations with respect to trade secrets survive for as long as such information remains a trade secret under applicable law.

Fees for access to the Forthbridge OS platform are set forth in the applicable service agreement or order form between you and Forthbridge (or between you and an authorized partner, as applicable). These Terms do not establish pricing or payment obligations.

Where access is provided through an authorized partner, your payment obligations are governed by your agreement with the authorized partner. Forthbridge is not a party to the commercial arrangement between you and your authorized partner and has no responsibility for billing, payment disputes, or refunds under that arrangement.

All fees are non-refundable except as expressly stated in the applicable service agreement or as required by law.

Forthbridge warrants that the platform will substantially conform to the functionality described in the applicable service agreement during the term of your access. If the platform fails to conform to this warranty, you must notify Forthbridge in writing within thirty (30) days of discovering the nonconformity. Forthbridge will use commercially reasonable efforts to correct the nonconformity within a reasonable time. If Forthbridge is unable to correct the nonconformity after a reasonable period, Forthbridge may, at its sole option, provide a workaround, credit, or terminate the affected service and refund a pro-rata portion of prepaid fees for the remainder of the then-current term. This cure remedy is your sole and exclusive remedy for breach of this limited warranty.

EXCEPT FOR THE LIMITED WARRANTY ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” FORTHBRIDGE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FORTHBRIDGE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AI-GENERATED FEATURES ARE ASSISTIVE AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL CLINICAL JUDGMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORTHBRIDGE OR ITS AFFILIATES, OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FORTHBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FORTHBRIDGE’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO FORTHBRIDGE (OR TO THE AUTHORIZED PARTNER ON YOUR BEHALF FOR FORTHBRIDGE PLATFORM SERVICES) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits Forthbridge’s liability for (a) death or personal injury caused by Forthbridge’s gross negligence or willful misconduct, or (b) fraud or fraudulent misrepresentation by Forthbridge.

Each party’s indemnification obligations under this section are subject to the limitation of liability set forth above, except that the limitation of liability does not apply to indemnification obligations arising from a party’s willful misconduct.

By Forthbridge

Forthbridge will indemnify, defend, and hold harmless you, and as applicable, your organization and its owners, officers, directors, employees, and agents from and against any third-party claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from infringement or misappropriation of any third-party intellectual property right by the platform as provided by Forthbridge.

IP Indemnity Remedies.If the platform becomes, or in Forthbridge’s reasonable opinion is likely to become, the subject of an infringement claim, Forthbridge may, at its option and expense: (i) obtain the right for you to continue using the platform; (ii) modify the platform to make it non-infringing without materially reducing functionality; or (iii) if neither (i) nor (ii) is commercially practicable, terminate your access to the affected portion of the platform and refund any prepaid fees for the remainder of the then-current term.

By You

You will indemnify, defend, and hold harmless Forthbridge and its owners, officers, directors, employees, and agents from and against any third-party claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

(a) Your, your organization’s, or any user’s misuse of the platform or violation of these Terms; (b) Your or your organization’s failure to comply with its obligations as a HIPAA Covered Entity or as otherwise required by applicable law or regulation; (c) Any and all clinical decisions, patient care activities, or treatment outcomes made by or on behalf of your organization’s personnel, whether or not informed by, based on, or related to AI-generated outputs or other content from the platform; (d) Your or your organization’s material breach of these Terms or any applicable service agreement; (e) Any claim by a third party arising from Customer Data or your or your organization’s use of the platform; and (f) Your or your organization’s failure to obtain required consents, authorizations, or permissions from patients or other individuals.

These Terms are effective for the duration of your access to the platform. Either party may terminate access in accordance with the applicable service agreement. Forthbridge may also terminate or suspend these Terms or your access to the platform immediately upon written notice if: (a) you breach any material term of these Terms and fails to cure such breach within fifteen (15) days of receiving written notice thereof; (b) you become insolvent, file for bankruptcy, or cease operations; or (c) Forthbridge determines, in its reasonable discretion, that continued access poses a security, legal, or regulatory risk.

Upon termination:

• Forthbridge will make Customer Data available for export for a reasonable period following termination, as specified in the applicable service agreement.
• After the export period, Customer Data will be deleted in accordance with our retention policies.

The following provisions survive termination: Customer Data (solely with respect to de-identified data rights), Intellectual Property, Feedback, Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, General Provisions, and any other provisions that by their nature should survive.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles.

Informal Resolution

Before initiating any formal dispute resolution proceeding, each party agrees to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through good-faith negotiation. The party raising the dispute must provide written notice describing the dispute in reasonable detail. The parties will have thirty (30) days from receipt of such notice to attempt to resolve the dispute informally.

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation within the thirty (30) day period, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator and will take place in Houston, Texas, or by videoconference if mutually agreed by the parties. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Each party will bear its own attorneys’ fees and costs. The fees of the arbitrator and the AAA will be allocated in accordance with the AAA Commercial Arbitration Rules, and the arbitrator may reallocate such fees as part of the award. Where applicable law prohibits equal sharing of arbitration fees or where such sharing would be unconscionable, Forthbridge will bear the arbitration fees to the extent required.

Small Claims.Either party may bring an individual action in small claims court (or its equivalent) in lieu of arbitration, provided the claim falls within the court’s jurisdictional limits.

Government Entities. If you are a federal, state, or local government entity that is prohibited by law from agreeing to binding arbitration, the arbitration provisions of this section do not apply. Disputes will instead be resolved in the state or federal courts located in Harris County, Texas, unless otherwise required by applicable law.

Equitable Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm arising from: (a) infringement or misappropriation of intellectual property rights; or (b) a breach of confidentiality obligations. Seeking equitable relief does not waive the right to arbitrate the underlying dispute.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Forthbridge may modify these Terms at any time by providing at least thirty (30) days’ advance written notice of material changes. Notice will be provided through the platform or to the email address associated with your account. If you do not agree to the modified Terms, your sole remedy is to terminate your access within the notice period in accordance with the Term and Termination section, and such termination shall be your exclusive remedy with respect to any modified Terms. Non-material changes (such as typographical corrections or clarifications that do not alter rights or obligations) may be made without advance notice. Your continued use of the platform after the effective date of modified Terms constitutes acceptance of those modifications.

• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver. Failure to enforce any provision does not constitute a waiver of that provision.
• Entire Agreement. These Terms and the Privacy Policy, together with your applicable service agreement and BAA, constitute the entire agreement between you and Forthbridge regarding your use of the platform.
• Assignment.Forthbridge may assign these Terms in connection with a merger, acquisition, or sale of assets, and will provide written notice of any such assignment. You may not assign these Terms without Forthbridge’s prior written consent.
• No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person or entity other than the parties hereto and their respective successors and permitted assigns.
• Force Majeure.Neither party is liable for failure to perform obligations (other than payment obligations) due to causes beyond its reasonable control, including natural disasters, pandemics, epidemics, acts of government, government sanctions or embargoes, war, terrorism, civil unrest, cyberattacks, failures of third-party service providers, or internet or utility disruptions (each, a “Force Majeure Event”). The affected party must notify the other party promptly, describe the Force Majeure Event, and use commercially reasonable efforts to mitigate its impact. If a Force Majeure Event continues for more than ninety (90) days, either party may terminate the affected service upon written notice.
• Notices. Forthbridge may provide notices electronically through the platform or to the email address associated with your account. Notices to Forthbridge must be sent to the address in the Contact section below.
• Government Entities. If you are a government entity, certain provisions of these Terms (including arbitration, indemnification, limitation of liability, and governing law) may be modified to the extent required by applicable law. Government-specific terms, if applicable, will be set forth in the applicable service agreement.

For technical details on how Forthbridge implements the security, data isolation, and operational practices referenced in these Terms, see our documentation at docs.forthbridge.ai. The commitments in these Terms of Service are not expanded or modified by the content of our technical documentation.

Forthbridge, LLC
Email: legal@forthbridge.com
5718 Westheimer Rd Ste 1800
Houston, TX 77057

If you have questions about these Terms of Service, please contact us at the address above.