Welcome and thanks for using CinchMD's products and services (“Services”) like CinchMD Mobile. These Terms of Use (“TOU”) contain the terms under which CinchMD provides Services to you and describe how the Services may be accessed and used. These terms apply to CinchMD  and govern data collection and usage. By using the CinchMD's site (such as blog.cinchmd.com), apps (a.e. CinchMD Mobile), or services, you consent to the data practices described in this statement.

Depending on which Services you use, additional terms and policies presented with those Services may apply (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. We refer to the combination of this TOU and any applicable Additional Terms collectively as these “Terms”.

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Fees and Payments

1 Fees for Services. You agree to pay CinchMD any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

2 Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online or in app account management page. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

3 Taxes. Unless otherwise stated, you are responsible for any taxes (other than CinchMD’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay CinchMD’s for the Services without any reduction for Taxes.

4. Price Changes. CinchMD  may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then current billing cycle of your Subscription. CinchMD  will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

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Your Content

1 You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. CinchMD does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

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CinchMD’s Intellectual Property (IP)

1 CinchMD . Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use CinchMD's trademarks or other brand elements without prior written consent.

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Acceptable Uses

1 Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.

2 Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

• (a) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

• (b) You may not circumvent or attempt to circumvent any limitations that CinchMD  imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).

• (c) Unless authorized by CinchMD  in writing, you may not probe, scan, or test the vulnerability of anyCinchMD system or network.

• (d) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.

• (e) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users.

• (f) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

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Suspension and Termination of Services

1 By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.

2. By CinchMD . CinchMD  may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services.

3 Further Measures. If CinchMD  stops providing the Services to you because you repeatedly or egregiously breach these Terms, CinchMD  may take measures to prevent the further use of the Services by you, including blocking your IP address.

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Changes and Updates

1. Changes to Terms. CinchMD  may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. CinchMD  may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require CinchMD  to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

2 Changes to Services. CinchMD  constantly changes and improves the Services. CinchMD  may add, alter, or remove functionality from a Service at any time without prior notice. CinchMD  may also limit, suspend, or discontinue a Service at its discretion. If CinchMD  discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. CinchMD  may remove content from the Services at any time at our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

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