Welcome to the 1104Health App (the “App”). These Terms and Conditions (“Terms”) govern your access to and use of the App provided by 1104Health (“we,” “us,” “our”). The App is designed specifically for licensed physicians and other qualified healthcare professionals (“Users”) to facilitate collaboration, enhance care coordination, and provide tools to improve the shared care of cancer patients. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the App immediately.

1. Acceptance of Terms

By accessing or using the App, you confirm that you:

• Are a licensed physician or a qualified healthcare professional.
• Have the legal capacity to enter into binding agreements.

If you are using the App on behalf of an organization or institution, you represent and warrant that you have the authority to bind that organization to these Terms.

Unauthorized use of automated systems, scripts, or other technologies to access or extract information from the App, including clinical trial data or educational materials, is strictly prohibited.

2. Purpose of the App

The App is part of the 1104Health Shared Care Ecosystem, a physician-focused digital platform designed to empower clinicians across practice settings who care for cancer patients.

This ecosystem provides tools to:

• Match and pre-screen patients for clinical trials.
• Facilitate referrals and coordinate care between oncology specialists and subspecialists.
• Enhance communication and collaboration through on-demand connections with disease specialists and Principal Investigators (PIs) for clinical trials and general treatment insights.
• Deliver curated, short-form educational content created by physicians for physicians.
• Improve efficiency and add value through features like analytics and streamlined workflows.

While the App is intended for informational and educational purposes only and does not replace the clinical judgment or expertise of healthcare professionals, it provides opportunities to communicate with Principal Investigators, fellow oncologists, and subspecialists to discuss trial specifics, patient eligibility, complex cases, or general insights into the treatment landscape. These interactions are intended to support your professional decision-making.

3. Medical Disclaimer

3.1. Informational Content Only

The content provided in the App, including but not limited to trial summaries, treatment setting information, and educational materials (“Content”), is for informational purposes. It is not intended to replace independent medical judgment, professional advice, or treatment decisions.

3.2. No Doctor-Patient Relationship

Use of the App does not establish a doctor-patient relationship between the User and 1104Health or its affiliates. Physicians are responsible for their own professional decisions and clinical judgments.

3.3. Clinical Trial Participation

While the App provides information about clinical trials, it does not guarantee patient enrollment or trial eligibility. Users should verify all trial details independently with the respective trial sponsors or coordinators.

3.4. Communication with Principal Investigators and Subspecialists

The App may facilitate communication between Users and Principal Investigators (PIs) of clinical trials and general treatment insights. 1104Health does not warrant the accuracy or completeness of information shared by PIs and subspecialists is not liable for any decisions made based on these interactions.

3.5. PHI and HIPAA Compliance

The App may allow for the collection and use of Protected Health Information (“PHI”) in accordance with HIPAA regulations. By using the App, you agree to the terms outlined in the Business Associate Agreement (BAA), including compliance with HIPAA and other applicable privacy laws. Users must ensure that any use or sharing of PHI complies with patient consent requirements and applicable laws.

A fully executed BAA is not required to use the App, but will be required prior to receiving any stipend for referring a patient. 1104Health Navigators will remind you to sign the BAA during the referral process. If you wish to sign the BAA now, please reach out to info@1104health.com

1104Health may use PHI as permitted under the BAA, including but not limited to:

• Facilitating clinical trial pre-screening and referrals.
• Conducting analytics to improve the Shared Care Ecosystem.
• Supporting research, education, and operational purposes as allowed under HIPAA and the BAA.

4. Use of the App

4.1. Authorized Use

You may use the App solely for professional purposes in accordance with these Terms. Prohibited actions include:

• Sharing Content or patient information in violation of applicable privacy laws, such as HIPAA (i.e. without patient consent or not in service of the patient’s medical care).
• Accessing data or content not intended for you.
• Using the App for non-medical or personal purposes.

4.2. Account Responsibility

As a User, you are responsible for:

• Providing accurate and up-to-date information when creating an account.
• Maintaining the confidentiality of your login credentials.
• All activities conducted under your account.

4.3. Restrictions

You agree not to:

• Copy, modify, or distribute Content without proper authorization.
• Use the App for commercial purposes outside your professional role.
• Introduce viruses, malware, or harmful code into the App.
• Engage in unauthorized data collection, scraping, or similar activities.

5. Intellectual Property

5.1. Ownership

All Content, trademarks, logos, and other intellectual property available through the App are owned by or licensed to 1104Health. Unauthorized use of any intellectual property is strictly prohibited.

5.2. Limited License

1104Health grants you a limited, non-exclusive, revocable license to access and use the App for professional purposes related to your practice.

6. Privacy and Data Protection

Your use of the App is governed by our Privacy Policy, which outlines how we collect, use, and protect information. By using the App, you agree to below and the Privacy Page.

• Comply with all applicable privacy and data protection laws, including HIPAA.
• Obtain patient consent where required before sharing any identifiable patient information in connection with clinical trials.
• The provisions of the Business Associate Agreement (BAA), which governs the collection, use, and sharing of PHI.

7. User Contributions

The App may allow users to submit feedback, comments, or other materials (“User Contributions”).

• License to 1104Health: By submitting User Contributions, you grant 1104Health a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute the content.
• Prohibited Content: User Contributions must not:
  • Violate any laws or regulations.
  • Infringe intellectual property or privacy rights.
  • Contain defamatory, obscene, or offensive material.

1104Health reserves the right to moderate and remove content at its sole discretion.

8. Third-Party Services and Links

The App may include links to third-party websites or services, including clinical trial sponsors and coordinators. 1104Health does not endorse or guarantee the accuracy of such external content and is not liable for any issues arising from its use.

9. Disclaimer of Warranties

The App and its Content are provided “AS IS” and “AS AVAILABLE” without any warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Guarantees regarding the accuracy or reliability of Content.

1104Health does not warrant that the App will be uninterrupted, secure, or error-free.

10. Limitation of Liability

To the maximum extent permitted by law, 1104Health, its affiliates, and licensors shall not be liable for:

• Any damages arising from the use or inability to use the App.
• Errors or omissions in the Content.
• Unauthorized access to your data or account.

Physicians are solely responsible for their clinical decisions and patient outcomes.

11. Indemnification

You agree to indemnify and hold harmless 1104Health, its officers, directors, employees, and affiliates from any claims, liabilities, or damages arising from:

• Your violation of these Terms.
• Your professional decisions or actions based on App Content.
• Any misuse of the App.

12. Modifications to the App and Terms

12.1. Changes to the App

1104Health reserves the right to modify, suspend, or discontinue any part of the App at any time without notice.

12.2. Changes to Terms

These Terms may be updated periodically. The updated Terms will be effective upon posting. Continued use of the App constitutes your acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of [Insert Jurisdiction], without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the courts located in [Insert Jurisdiction].

14. Termination

1104Health reserves the right to terminate or suspend your access to the App for any reason, including violations of these Terms. Upon termination, your right to use the App ceases immediately.

15. Contact Us

If you have questions about these Terms, please contact us:

1104Health
 Email: info@1104health.com
 Phone: 1.800.881.6113
 Mailing Address: 5110 Manning Dr, Bethesda, MD 20814