Terms of Service

1. Welcome

1.1 Agreement to Terms

Welcome to the website of EZ Medica, LLC and its subsidiaries and affiliates (collectively, “EZ Medica,” “we,” “us,” or “our”). These Terms of Service (“Terms”) form a legally binding agreement between you (“you” or “your”) and EZ Medica and govern your access to and use of EZColonPrep, a web-based colonoscopy preparation platform available at https://ezcolonprep.com, including related support resources, reminder sign-up pages, and notification services (collectively, the “Platform”). By accessing or using the Platform on any computer, mobile phone, tablet, or other device, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Platform.

1.2 Modifications to the Terms

We may change or update these Terms at any time in our sole discretion. We will post the updated version on the Platform and indicate the most recent update date at the top of the Terms. Except as required by law, updates will become effective no sooner than fourteen (14) days after posting. Your continued use of the Platform after the effective date constitutes your acceptance of the revised Terms.

1.3 Eligibility and Intended Users

The Platform is intended for adult patients preparing for a colonoscopy and for medical practices that deploy EZColonPrep for their patients. You must be at least 18 years old to use the Platform unless you are using it under the supervision of your physician for a minor or dependent. The Platform is not intended for children under 13, and we do not knowingly collect personal information from children under 13. If you use the Platform on behalf of a medical practice, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and references to “you” include both you individually and that entity.

1.4 Privacy Policy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, disclose, and protect personal information and protected health information (“PHI”) in connection with the Platform. By using the Platform, you acknowledge that you have had an opportunity to review the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. To the extent EZ Medica processes PHI on behalf of a participating medical practice, that processing is governed by applicable law and any Business Associate Agreement between EZ Medica and the applicable practice, not by these Terms alone.

1.5 Important Notices

2. Description of the Platform

EZColonPrep provides personalized, video-guided colonoscopy preparation information on behalf of participating gastroenterology practices. Patients can select their physician, language, procedure date, and bowel preparation type, and the Platform generates stage-by-stage videos, checklists, and optional reminders to help them prepare for their colonoscopy.

2.1 No Medical Advice; No Emergency Use

3. Access and Use of the Platform

3.1 Limited License

Subject to your compliance with these Terms and, if applicable, any separate subscription agreement, Business Associate Agreement, or written agreement between EZ Medica and your medical practice, EZ Medica grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for its intended purpose. For patients, the purpose is to access educational colonoscopy preparation information and optional reminder services in connection with your own procedure or, where authorized, to assist a dependent or patient under your care. For participating medical practices and authorized practice personnel, the purpose is to configure and make the Platform available to the practice’s patients in accordance with these Terms and any applicable written agreement with EZ Medica. No other rights are granted. EZ Medica and its licensors reserve all rights, title, and interest in and to the Platform, Platform Content, software, workflows, videos, text, graphics, interfaces, documentation, trademarks, service marks, and all related intellectual property rights. We may suspend or terminate your access to the Platform at any time, including if you violate these Terms, misuse the Platform, or if continued access would create legal, security, privacy, or operational risk.

3.2 License Restrictions

You may not, and may not permit any other person to: (a) copy, reproduce, distribute, publicly display, publicly perform, sell, rent, lease, sublicense, assign, transfer, or otherwise exploit the Platform or Platform Content except as expressly permitted by these Terms; (b) modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying structure, algorithms, workflows, or other non-public elements of the Platform, except to the extent such restriction is prohibited by law; (c) access or use the Platform to develop, train, improve, or commercialize a competing product or service; (d) remove, obscure, or alter any copyright, trademark, proprietary-rights, or other notices; (e) use automated tools, bots, scrapers, crawlers, or similar technologies to access, monitor, extract, or copy any portion of the Platform; (f) use the Platform in violation of applicable law, HIPAA, any Business Associate Agreement, or any agreement between EZ Medica and a participating medical practice; or (g) use the Platform in any manner that could damage, disable, overburden, impair, or interfere with the security or operation of the Platform.

3.3 No Accounts for Patients; Registration for Practices

Patients generally do not create user accounts to use the Platform. A patient may access their personalized preparation guide via a QR code, branded link, or similar mechanism, and may optionally sign up for timed reminders by providing a phone number, email address, and procedure details. Medical practices and practice managers may create or request accounts to configure the Platform for their patients. Practice registration may require providing contact information, physician lists, branding assets, and, where applicable, payment or subscription details. Practices agree to provide accurate, current, and complete information, to maintain the confidentiality of any login credentials, and to accept responsibility for all activities that occur under their account. Notify us immediately of any unauthorized use of your account. Practices may also be subject to separate Business Associate Agreements (“BAAs”) or subscription agreements that govern their use of EZColonPrep in addition to these Terms.

3.4 Modifications to the Platform

We reserve the right to modify, suspend, or discontinue the Platform (or any part thereof) at any time. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Platform. We may establish general practices and limits concerning use of the Platform, including retention periods and storage limits.

3.5 Reminders and Notifications

Patients may elect to receive timed notifications by SMS to remind them of general colonoscopy preparation tasks, such as reviewing preparation instructions, beginning diet changes, confirming a driver, or returning to the Platform to review personalized guidance. By enrolling in SMS reminders, you authorize EZ Medica and its service providers to send automated text messages to the mobile number you provide for procedure preparation and administrative purposes. Message frequency may vary based on your procedure date and selected reminder schedule, but will generally include one opt-in confirmation message plus up to six scheduled reminder messages. The reminder sequence terminates automatically after the day-of-procedure message unless you separately re-enroll. Message and data rates may apply. Consent to receive SMS reminders is not a condition of receiving medical care or using the Platform.

Reminder messages are intended to include generic prompts and may include a link to your preparation guide. SMS communications may not be encrypted and may be viewed by others with access to your device or phone number. Do not use SMS, email, or the Platform for urgent or emergency medical communications. Contact your physician or practice directly for medical questions.

You may opt out of SMS reminders at any time by replying STOP to any message or by contacting us through the contact information below. You may request help by replying HELP to any SMS or contacting privacy@ezcolonprep.com. We will process opt-out requests as required by law and, in the ordinary course, within 24 hours. You are responsible for providing a current and accurate phone number and for promptly notifying us if your number changes or is reassigned. We are not responsible for delayed or undelivered messages, and your mobile carrier is not liable for them either.

3.6 Communications and Notifications

By providing your contact information and using the Platform, you consent to receive transactional communications from us, including procedure-related reminders, billing notices, and other administrative messages. You may opt out of marketing communications by following the instructions provided in those communications. By accessing or using the Platform, you consent to receive all communications, notices, disclosures, and agreements from EZ Medica electronically (collectively, “Notices”), including via email, website postings, or other electronic means. You agree that such electronic Notices satisfy any legal requirement that communications be in writing. You are responsible for maintaining a valid email address and ensuring that Notices are not filtered or blocked.

4. Permitted and Prohibited Uses

You agree to use the Platform only for its intended purposes and in accordance with these Terms and all applicable laws. While using the Platform, you agree that you will not, and will not assist or permit any other person to: (a) rely on the Platform as a substitute for professional medical advice, diagnosis, or treatment; (b) provide false or misleading information when using the Platform (e.g., procedure date, physician selection, or medication flags); (c) share your personalized preparation link or reminder sign-up form with others or allow anyone else to use the Platform on your behalf, except where you are authorized to assist a patient; (d) use the Platform in a manner that infringes our intellectual property rights or the rights of any third party; (e) decompile, reverse engineer, disassemble, or attempt to derive the source code of the Platform or otherwise interfere with its operation; (f) upload or transmit any viruses, malware, or other harmful code, or attempt to gain unauthorized access to our systems or data; (g) use any robot, spider, scraper, or other automated means to access the Platform or collect information from it; (h) harvest or collect personal information of others without consent; (i) interfere with or disrupt the Platform or the networks connected to the Platform, including through denial-of-service attacks, excessive automated requests, or other abusive traffic patterns; (j) access or use the Platform through any means other than the interfaces expressly provided by EZ Medica; (k) impersonate any person or entity or misrepresent your affiliation; or (l) violate any applicable law or regulation.

You understand that the accuracy of the preparation guide and reminders depends on the information entered into the Platform, including physician selection, procedure timing, preparation type, language preference, and medication-related selections. EZ Medica is not responsible for inaccurate, incomplete, outdated, or incorrectly entered information.

If you are a medical practice or physician uploading photos, videos, or other materials (“Practice Materials”), you represent and warrant that you have all rights necessary to provide those materials and grant EZ Medica the non-exclusive right to use them in connection with the Platform.

5. Intellectual Property Rights

The Platform, including the design, logos, images, text, graphics, audio, video, software, and the compilation of these elements (collectively, “Platform Content”), is owned by EZ Medica or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, reproduce, distribute, transmit, display, or create derivative works from any Platform Content without our prior written permission. The EZ Medica and EZColonPrep names, logos, and related names are trademarks of EZ Medica and may not be used without our permission.

5.1 DMCA Notice and Procedure

EZ Medica respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond to properly submitted notices of alleged copyright infringement. To submit a notice, you must provide: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and its location on the Platform; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature. EZ Medica reserves the right to remove or restrict access to allegedly infringing material and to terminate the accounts of repeat infringers. DMCA notices should be sent to: privacy@ezcolonprep.com

EZ Medica, LLC
Attn: DMCA Agent

6. Feedback and User Content

We appreciate feedback, comments, and suggestions you may provide regarding the Platform (“Feedback”). By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use and incorporate your Feedback into our products and services without any obligation to compensate you. All submissions, suggestions, ideas, or feedback are provided on a non-confidential and non-proprietary basis, and EZ Medica shall have no obligation to maintain their confidentiality or provide compensation for their use. The Platform does not currently allow patients to post public content such as reviews or comments. If you are a medical practice submitting Practice Materials (e.g., photos, videos, or statements), you grant us a non-exclusive, worldwide, royalty-free license to host, display, and distribute those materials through the Platform solely for the purposes of providing personalized preparation guides to your patients. You represent and warrant that you have obtained any necessary permissions and releases for the materials you provide.

7. Privacy and Data Use

7.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes what information we collect, how we use and share it, your rights, and how we protect your information. By using the Platform, you acknowledge that you have read and understand the Privacy Policy. To the extent there is any conflict between these Terms, the Privacy Policy, and any Business Associate Agreement or other written agreement between EZ Medica and a participating medical practice concerning PHI, the Business Associate Agreement or other applicable written agreement with the practice will control with respect to PHI.

7.2 HIPAA Compliance

EZ Medica acts as a Business Associate under HIPAA and processes protected health information (“PHI”) on behalf of participating medical practices pursuant to Business Associate Agreements (“BAAs”). We maintain administrative, technical, and physical safeguards designed to support our HIPAA obligations, which may include risk analysis, BAAs with applicable vendors and practices, encryption, workforce privacy and security training, incident response and breach notification procedures, and documentation retention. For PHI-related rights requests, you may contact us at privacy@ezcolonprep.com or contact your physician’s practice directly.

7.3 Data Security

We implement reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of personal information and PHI we maintain. These safeguards may include access controls, encryption, secure authentication, workforce training, vendor oversight, incident-response procedures, and periodic review of our security practices. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your own devices, credentials, and communications with us.

7.4 Cookies and Tracking Technologies

The Platform uses cookies and similar technologies as described in our Privacy Policy. EZColonPrep does not use tracking cookies for targeted advertising. The Platform relies on browser local storage and similar technologies to remember your preferences, doctor selections, language, and procedure details; this data stays on your device until you clear your browser data. You can manage or turn off cookies through your browser settings. For more information about our use of cookies, please see the Cookie Policy section of our Privacy Policy.

8. Third-Party Services and Links

The Platform may include links to third-party websites, services, or resources (collectively, “Third-Party Services”), such as video hosting providers, analytics providers, or medical articles. EZ Medica does not control and is not responsible for the content, privacy policies, or practices of any Third-Party Services. Your access to and use of Third-Party Services is at your own risk and subject to the terms and policies of those third parties. We do not endorse, warrant, or assume responsibility for any Third-Party Services. The Platform may also display content provided by third parties. We do not control or endorse third-party content and are not responsible for its accuracy.

9. Disclaimers

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless EZ Medica and its affiliates, directors, officers, employees, agents, partners, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your misuse of the Platform; (b) your violation of these Terms; (c) your violation of any law or rights of another; (d) your provision of inaccurate, incomplete, or misleading information through the Platform; (e) your unauthorized sharing of a personalized preparation link or reminder sign-up flow; or (f) if you are a medical practice, physician, or other business user, any Practice Materials you submit or your use of the Platform for your patients. This indemnification obligation does not apply to the extent a claim arises from EZ Medica’s gross negligence, willful misconduct, or violation of applicable law.

12. Termination

EZ Medica may suspend or terminate your access to the Platform at any time for any reason, including if we believe you have violated these Terms or engaged in conduct that we believe, in our discretion, is inappropriate or harmful. Upon termination, your right to use the Platform will immediately cease. Sections related to Intellectual Property Rights, Feedback and User Content, Indemnification, Disclaimers, Limitation of Liability, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive termination will remain in effect.

13. Dispute Resolution and Arbitration

13.1 Governing Law

These Terms are executed in the State of Maryland and will be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions. Any claim or cause of action arising out of or related to the Platform or these Terms must be brought within one (1) year after the claim arose. Subject to the arbitration provisions below, you agree that the state and federal courts located in Maryland have exclusive jurisdiction over any dispute not subject to arbitration. You waive any right to a jury trial.

13.2 Informal Resolution

Before initiating arbitration or any other formal dispute resolution proceeding, you and EZ Medica agree to attempt to resolve any dispute informally for at least thirty (30) days. To start this process, either party must send the other a written notice describing the dispute and the relief sought.

13.3 Binding Arbitration

Except for claims that may be brought in small claims court, claims concerning intellectual property rights, claims seeking injunctive relief, or claims that cannot be arbitrated as a matter of applicable law, any dispute arising out of or relating to these Terms or the Platform will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”). For individual patients and other consumer users, the AAA Consumer Arbitration Rules will apply. For medical practices and other business users, the AAA Commercial Arbitration Rules will apply. The arbitration will be conducted in Baltimore County, Maryland, before a single arbitrator. The arbitrator has exclusive authority to resolve disputes about the interpretation or applicability of this arbitration agreement. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party bears its own attorneys’ fees unless otherwise permitted by law.

13.4 Class Action Waiver

13.5 Opt-Out of Arbitration

If you do not wish to be bound by the arbitration and class action waiver, you must notify us in writing within thirty (30) days of the date you first accept these Terms by emailing privacy@ezcolonprep.com with the subject line “ARBITRATION OPT-OUT.” Include your name, mailing address, phone number, and the email address associated with your use of the Platform (if applicable). Opting out will not affect the other provisions of these Terms.

14. Force Majeure

EZ Medica shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, supply chain disruptions, governmental actions, war, terrorism, strikes, embargoes, pandemics, or failures of utilities, the internet, or telecommunications networks.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Business Associate Agreements or subscription agreements, constitute the entire agreement between you and EZ Medica regarding the Platform and supersede all prior agreements or understandings with respect to the subject matter herein.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.

15.4 Assignment

You may not assign your rights or delegate your obligations under these Terms without our prior written consent. We may assign these Terms without restriction. The terms and conditions set forth in these Terms shall be binding upon assignees.

15.5 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than the parties.

15.6 Attorneys’ Fees

Should any suit be commenced to enforce EZ Medica’s rights under these Terms, and in the event EZ Medica prevails in any such suit, you agree to pay EZ Medica’s reasonable expenses and attorneys’ fees incurred.

15.7 Section Titles

Section titles in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Us

If you have any questions or concerns regarding these Terms or the Platform, please contact us:

EZ Medica, LLC
Email: support@ezcolonprep.com
For Privacy Inquiries: privacy@ezcolonprep.com