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Terms of Service

Effective Date: April 2026 · Product: ProtoAT Clinical Decision Support · Developer: Tyler Volkmann, MS, ATC, LAT

Attorney-reviewed draft. These Terms of Service were reviewed and revised by Anna Claxton (ContractsCounsel) on April 23, 2026. Entity-specific language (contracting party, LLC name) will be finalized once the Idaho SMLLC is formed.

1. Nature of This Tool

ProtoAT is a clinical decision-support and documentation support tool designed for use by credentialed Athletic Trainers. The Service may generate suggested treatment protocols, rehabilitation plans, SOAP notes, referral letters, return-to-play documentation, emergency action plans, and other clinical or administrative content.

ProtoAT:

All outputs are generated algorithmically based on information submitted by the user and are provided solely as draft informational content for professional evaluation. You are solely responsible for independently reviewing, verifying, revising, and approving each output before relying on or using it for any clinical, documentation, referral, return-to-play, or emergency-response purpose.

2. Eligibility and Credential Requirements

ProtoAT is intended solely for use by individuals who are legally authorized to practice as Athletic Trainers within the jurisdictions in which they use the Service. Access to certain features of the Service may be conditioned on successful credential verification through the National Plan and Provider Enumeration System (NPPES) using a valid National Provider Identifier (NPI) and applicable Athletic Trainer taxonomy information.

By accessing or using the Service, you represent and warrant that:

ProtoAT may use third-party or public-source verification tools, including NPPES, to confirm limited credential information. ProtoAT does not undertake to independently confirm all aspects of your licensure, certification, registration, employment status, privileges, or professional standing, and you remain solely responsible for ensuring that your use of the Service is lawful and appropriate in your particular setting.

ProtoAT may deny, suspend, or terminate access to the Service at any time if credential information cannot be verified, appears inaccurate or misleading, or is used in a manner inconsistent with these Terms.

3. Clinical Responsibility

You are solely responsible for all professional, clinical, documentation, referral, return-to-play, and related decisions made in connection with your use of the Service and any output generated by the Service.

You acknowledge and agree that:

ProtoAT does not assume responsibility for any decision to use, modify, disregard, transmit, sign, issue, or act upon any output generated by the Service.

4. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROTOAT AND ITS OWNER, OPERATOR, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICE, ANY OUTPUT GENERATED BY THE SERVICE, YOUR USE OF OR INABILITY TO USE THE SERVICE, OR YOUR RELIANCE ON ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF PROTOAT AND ITS OWNER, OPERATOR, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND REPRESENTATIVES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, ANY OUTPUT GENERATED BY THE SERVICE, OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PROTOAT FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You acknowledge that the Service is a professional support tool that must be independently reviewed and evaluated by the user, and that any decision to rely on, use, revise, transmit, or act on any output is made at your own professional discretion and risk.

Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.

5. No Warranty

THE SERVICE AND ALL OUTPUTS, CONTENT, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROTOAT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, RELIABILITY, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

ProtoAT does not warrant that the Service will be uninterrupted, error-free, secure, or free from delay, or that any output generated by the Service will be accurate, complete, current, clinically appropriate, documentation-ready, compliant with any particular legal, professional, payer, school, employer, or institutional requirement, or suitable for any particular user, patient, athlete, or circumstance.

You acknowledge that outputs generated by the Service are produced algorithmically and may contain errors, omissions, ambiguities, outdated information, or inappropriate recommendations or language. You are solely responsible for independently reviewing, verifying, revising, and approving each output before relying on or using it for any purpose.

6. Indemnification

You agree to indemnify, defend, and hold harmless ProtoAT and its owner, operator, affiliates, service providers, licensors, and representatives from and against any third-party claims, demands, actions, proceedings, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

ProtoAT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with ProtoAT in the defense of that matter.

7. Credential Verification

ProtoAT may require successful verification of certain credential information as a condition of access to some or all portions of the Service. Verification may include confirmation of a submitted National Provider Identifier (NPI), related taxonomy information, and limited matching information through public or third-party sources, including NPPES.

Credential verification through the Service is limited in scope and is provided solely to support access control. ProtoAT does not represent or warrant that it independently confirms your licensure, certification, registration, employment status, privileges, scope of practice, disciplinary history, or overall professional standing.

If ProtoAT is unable to verify submitted information, or if ProtoAT reasonably believes that any submitted information is false, misleading, inaccurate, misused, or no longer valid for purposes of access to the Service, ProtoAT may deny, suspend, or terminate access at any time.

8. Prohibited Uses

You may not use ProtoAT to:

9. Privacy

Your use of the Service is also subject to the ProtoAT Privacy Policy, which describes how ProtoAT collects, uses, stores, and discloses information in connection with the Service.

The Service is designed to support use with de-identified or otherwise non-patient-identifying information. You are solely responsible for the information you enter into, submit to, or transmit through the Service and for ensuring that your use of the Service complies with all applicable laws, regulations, contractual restrictions, employer or school policies, and professional obligations, including any privacy or confidentiality requirements that apply in your setting.

You may not enter or transmit through the Service any patient names, dates of birth, medical record numbers, education records, or other identifying or protected information that you are not authorized to use or disclose in connection with the Service.

ProtoAT may use automated detection tools, warnings or prompts to help identify potentially sensitive information, but those tools are provided as user safeguards only and do not replace your independent responsibility to review and control what you submit to the Service.

10. Modifications to Terms

ProtoAT may update or modify these Terms from time to time in its discretion. If ProtoAT makes material changes, ProtoAT may provide notice by posting the updated Terms through the Service, updating the "Effective Date," or using other reasonable means of notice.

Unless otherwise stated, revised Terms will become effective when posted. By continuing to access or use the Service after the effective date of any revised Terms, you agree to be bound by those revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

11. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of laws principles.

Subject to any applicable law requiring otherwise, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts sitting in Latah County, Idaho, and you consent to the personal jurisdiction and venue of those courts.

12. Entire Agreement

These Terms, together with the ProtoAT Privacy Policy and any additional terms or disclosures expressly incorporated by reference into these Terms, constitute the entire agreement between you and ProtoAT regarding your access to and use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and communications relating to the Service.

13. Contact

Questions regarding these Terms of Service may be directed to the ProtoAT developer at:

Tyler Volkmann
ProtoAT
Email: tylervolkmann@gmail.com
Address: Moscow, Idaho