1. Acceptance of Terms

By accessing or using the PENCIL Health™ website, platform, or services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, you should not use our Services.

2. About PENCIL Health™

PENCIL Health, LLC (“PENCIL Health™,” “we,” “our,” or “us”) provides a clinical comprehension system designed to support patient understanding and between-visit care through structured educational materials and workflows.

3. Not Medical Advice

The content provided through PENCIL Health™ is for educational and informational purposes only.

• PENCIL Health™ does not provide medical diagnosis, treatment, or clinical decision-making
• The Services are not a substitute for professional medical advice
• Patients should always consult their licensed healthcare provider regarding medical conditions or treatment

Clinicians using PENCIL Health™ remain solely responsible for patient care and medical decisions.

4. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Misuse, copy, or distribute materials without authorization
• Attempt to gain unauthorized access to systems or data
• Interfere with the operation or security of the Services

5. Accounts (If Applicable)

If you create an account:

• You are responsible for maintaining the confidentiality of your login credentials
• You agree to provide accurate and current information
• You are responsible for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Intellectual Property

All content, materials, and systems provided by PENCIL Health™ – including but not limited to:

• PENCIL Health™ framework
• PENCIL documents (conditions, drugs, procedures)
• Branding, logos, and design
• Website content and structure are the intellectual property of PENCIL Health, LLC and are protected by applicable copyright, trademark, and intellectual property laws.

License for Use

When permitted, we grant a limited, non-transferable, non-exclusive license to use PENCIL materials for:

• Clinical use within a licensed organization
• Internal educational purposes

You may not:

• Copy, reproduce, or redistribute materials externally
• Modify or create derivative works without permission
• Resell or sublicense content

7. Payments & Subscriptions (If Applicable)

If you purchase or subscribe to Services:

• Fees will be clearly disclosed prior to purchase
• Payments are non-refundable unless otherwise stated
• We reserve the right to modify pricing with notice

Failure to pay may result in suspension or termination of access.

8. Data & Privacy

Your use of the Services is also governed by our Privacy Policy.

PENCIL Health™ is designed to support patient comprehension and does not require the collection of protected health information (PHI) through the public website.

If PHI is involved in future services, it will be governed by separate agreements and compliance standards.

9. Third-Party Services

We may use or integrate with third-party services (e.g., hosting, analytics, payment processors).

We are not responsible for the practices, content, or availability of third-party services.

10. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis.

We make no warranties, express or implied, including but not limited to:

• Accuracy or completeness of content
• Availability or reliability of the Services
• Fitness for a particular purpose

11. Limitation of Liability

To the fullest extent permitted by law:

PENCIL Health, LLC shall not be liable for any indirect, incidental, consequential, or special damages arising from or related to the use of the Services.

This includes, but is not limited to:

• Loss of data
• Loss of revenue
• Clinical outcomes or decisions made by providers

12. Indemnification

You agree to indemnify and hold harmless PENCIL Health, LLC from any claims, damages, liabilities, or expenses arising from:

• Your use of the Services
• Violation of these Terms
• Misuse of materials or content

13. Termination

We reserve the right to suspend or terminate access to the Services at any time, without notice, for conduct that violates these Terms or is otherwise harmful.

14. Modifications to Terms

We may update these Terms periodically.

Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.

16. Contact Information

If you have questions about these Terms, please contact:

PENCIL Health, LLC
Email: info@pencilhealth.com
Website: www.pencilhealth.com

Our Standard

PENCIL Health™ exists to improve understanding in healthcare.

Use of this system reflects a shared commitment to clarity, responsibility, and better outcomes through better comprehension.