Effective Date: July 1, 2026

These Terms of Service (“Terms”) govern your access to and use of PainSight’s website, mobile application, clinician tools, and related services (“PainSight,” “Service,” “we,” “us,” or “our”).

By accessing or using PainSight, you agree to these Terms. If you do not agree, you should not use the Service.

About PainSight

PainSight is designed to help patients, clinicians, and researchers better understand pain history over time through patient-reported check-ins, voice-based inputs, summaries, trends, and related reports.

PainSight may provide tools for tracking pain, summarizing patient-reported information, visualizing trends, and supporting communication between patients and healthcare professionals.

PainSight is not a substitute for professional medical advice, diagnosis, or treatment.

Medical Disclaimer

PainSight does not provide medical advice, diagnosis, treatment, or emergency services.

Information generated or displayed by PainSight is intended to support pain tracking, communication, documentation, and review. It should not be used as the sole basis for medical decisions.

Patients should always consult a qualified healthcare professional for medical questions, diagnosis, or treatment. If you are experiencing a medical emergency, call emergency services immediately.

Eligibility

You may use PainSight only if you are able to form a legally binding agreement or are using the Service with appropriate authorization, supervision, or consent.

If you are using PainSight on behalf of a healthcare provider, clinic, research organization, company, or other entity, you represent that you have authority to use the Service on that entity’s behalf.

Accounts and Access

Some features of PainSight may require an account. You are responsible for keeping your login credentials secure and for all activity that occurs under your account.

You agree to provide accurate account information and to notify us promptly if you believe your account or credentials have been compromised.

You may not share your account, access credentials, API keys, or other authentication information with unauthorized individuals.

Acceptable Use

You agree not to misuse PainSight or use the Service in a way that could harm PainSight, other users, patients, clinicians, or third parties.

You agree not to:

• Access or use the Service without authorization

• Attempt to bypass security controls or access controls

• Interfere with or disrupt the Service

• Upload malicious code, malware, or harmful content

• Use PainSight to violate any law, regulation, contract, or third-party right

• Attempt to reverse engineer, copy, or exploit the Service except where legally permitted

• Submit false, misleading, unlawful, or unauthorized information

• Use general website forms to submit protected health information or detailed medical information unless specifically instructed through an approved PainSight workflow

Patient and Clinical Information

PainSight may process patient-reported information, clinical context, pain scores, symptoms, transcripts, summaries, reports, and related information submitted through approved workflows.

When PainSight is used by or on behalf of a healthcare provider, clinic, research organization, or other covered entity, certain information may be treated as protected health information under HIPAA.

In those cases, PainSight will handle such information according to applicable agreements, including Business Associate Agreements where required.

Users are responsible for ensuring that information submitted to PainSight is accurate, appropriate, and authorized for the applicable workflow.

Clinician and Research Use

PainSight may be used by clinicians, researchers, or healthcare organizations to support review, tracking, communication, research workflows, or care coordination where applicable.

PainSight does not replace clinical judgment. Clinicians and authorized healthcare users remain responsible for independently reviewing information and making professional decisions.

Researchers and organizations using PainSight are responsible for obtaining any required consents, approvals, institutional authorizations, IRB approvals, or other permissions required for their use case.

Privacy and Security

Your use of PainSight is also governed by our Privacy Policy.

PainSight maintains administrative, technical, and physical safeguards designed to protect information handled through approved PainSight workflows. These may include access controls, MFA where available, encryption in transit, vendor-managed encryption at rest, audit logging, backup and contingency planning, incident response procedures, workforce training, and vendor management.

No system can guarantee absolute security. You are responsible for using PainSight in a secure and appropriate manner.

Third-Party Services

PainSight may rely on third-party vendors and service providers for hosting, authentication, AI processing, analytics, logging, backup, communication, security, and related functions.

PainSight is not responsible for third-party websites, services, or resources that are not controlled by PainSight. Your use of third-party services may be governed by separate terms and privacy policies.

Intellectual Property

PainSight and its software, design, content, workflows, reports, interfaces, trademarks, logos, and related materials are owned by PainSight or its licensors.

These Terms do not grant you ownership of PainSight or its intellectual property. You may use PainSight only as permitted by these Terms and any applicable agreement with us.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on PainSight except where expressly authorized or legally permitted.

User Content

You may submit information, data, text, voice inputs, transcripts, notes, or other content through PainSight.

You retain any rights you have in your submitted content. By submitting content to PainSight, you grant PainSight the right to process, store, transmit, display, and use that content as necessary to provide, secure, maintain, and improve the Service, subject to applicable law and agreements.

You are responsible for ensuring that you have the necessary rights, permissions, and authority to submit content to PainSight.

Service Availability

PainSight may change, suspend, or discontinue parts of the Service at any time. We may also perform maintenance, updates, or security improvements that affect availability.

We do not guarantee that the Service will be uninterrupted, error-free, or available at all times.

Beta, Pilot, or Early Access Features

PainSight may offer beta, pilot, research, or early access features. These features may be experimental, incomplete, or subject to change.

Beta or pilot features are provided for evaluation and feedback and may not be appropriate for all clinical, operational, or production uses unless otherwise agreed in writing.

Fees and Payment

Certain PainSight services may require payment. Fees, billing terms, and payment obligations will be described in the applicable order form, agreement, subscription terms, or other written arrangement.

If no paid agreement applies, PainSight may provide access at its discretion and may modify or discontinue access subject to these Terms.

Termination

We may suspend or terminate access to PainSight if we believe you have violated these Terms, created security risk, misused the Service, failed to pay applicable fees, or used the Service in a way that may harm PainSight, users, patients, or third parties.

You may stop using PainSight at any time. Certain obligations, including privacy, security, payment, intellectual property, limitation of liability, and dispute-related provisions, may survive termination.

Disclaimers

PainSight is provided on an “as is” and “as available” basis to the fullest extent permitted by law.

We do not guarantee that PainSight will be error-free, uninterrupted, or meet every user’s needs. We do not guarantee clinical outcomes, medical decisions, patient adherence, reimbursement results, research outcomes, or regulatory approvals.

PainSight does not provide medical, legal, regulatory, or billing advice.

Limitation of Liability

To the fullest extent permitted by law, PainSight will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, business interruption, clinical outcomes, or loss of goodwill.

PainSight’s total liability for any claim arising out of or relating to the Service will be limited to the amount paid to PainSight for the Service giving rise to the claim during the twelve months before the event giving rise to liability, or one hundred dollars if no payment was made.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply.

Indemnification

You agree to defend, indemnify, and hold harmless PainSight from claims, damages, liabilities, costs, and expenses arising from your misuse of the Service, violation of these Terms, violation of law, unauthorized submission of information, or infringement of third-party rights.

Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date and may provide additional notice where appropriate.

Your continued use of PainSight after updated Terms are posted means you accept the updated Terms.

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles, unless another governing law is specified in a written agreement between you and PainSight.

Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact us:

PainSight LLC

admin@painsight.co