Terms & Conditions
Last updated: September 2, 2026
These Terms and Conditions (“Terms”) govern each Order Form, Upgrade Form or Amendment Form (each, an “Order Form”) entered into between Integratings LLC, a Florida limited liability company doing business under the registered fictitious name “360 Integrations (io)” (Florida registration No. G24000351614, filed 07/14/2024) (“360io”), and the customer identified in that Order Form (“Company”). The Order Form and these Terms together form the “Agreement”.Quick Links
1. Definitions
Service means the 360io white-label application platform, branded mobile applications, patient portal and related services described at 360io.com/platform-overview and in the Order Form. Internal User means an employee or contractor of Company authorized to access the Service on Company’s behalf. External User means a patient or client of Company who accesses Company’s branded app or portal. Subscription Term means the Initial Term or a Renewal Term stated in the Order Form. Company Data means all data, content and files submitted to the Service by Company or its Users.
2. Access and License
Subject to the Agreement and payment of all fees, 360io grants Company a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Service for Company’s internal business purposes and to make the branded app and portal available to its External Users. 360io retains all right, title and interest in the Service, platform software, and all improvements to it. Company may not (a) resell, sublicense or provide the Service to third parties except as its own branded client experience, (b) reverse engineer or copy the Service, (c) use the Service to build a competing product, or (d) exceed the number of Internal Users purchased.
3. Ownership of the Branded App, Accounts and Data
3.1 Company owns its app presence.
The branded iOS and Android applications built for Company are published under Company's own Apple Developer and Google Play Console accounts. Company owns and retains, at all times and including after termination: (a) those developer accounts and the app store listings, ratings, reviews and install base; (b) the app name, icon, brand, trademarks, logos, colors and all creative assets; (c) all content Company publishes in the app; and (d) all Company Data, including patient and user records, and all payment relationships with its patients. 360io claims no ownership of any of the foregoing and will not remove, transfer, unpublish or restrict Company's developer accounts or listings.
3.2 Company's freedom of use.
During and after the Subscription Term, Company may operate, market, modify the branding of, and commercially exploit its branded app as it sees fit, and may keep the app published after termination. 360io will not publish a competing app under Company's brand and will not use Company's patient data for any purpose other than providing the Service.
3.3 360io owns the platform
The platform that powers the app — all servers, hosting, databases, backend services, APIs, source code, SDKs, application logic, AI models and configurations, and all improvements to any of them — is and remains the exclusive property of 360io. The branded app is a licensed front-end client to that platform. Nothing in the Agreement transfers any right, title or interest in the platform, its source code, or its infrastructure to Company, and Company receives only the license in Section 2.
3.4 What happens on termination
Because the app operates against 360io's platform, Company's license to the platform ends on termination and 360io will disable the app's backend access. Company keeps the developer account, listing and brand described in Section 3.1 and may request an export of Company Data as provided in Section 3.5, but the app will cease to function until Company connects it to a replacement backend at Company's own cost. 360io has no obligation to migrate, port, hand over or escrow any source code, and will not deliver the app's source code, unless a separate written source-code license or escrow agreement is signed.
3.5 Backup requests, export and deletion.
Company Data belongs to Company, and 360io will not withhold it for any reason, including a fee dispute. Company may request a backup of Company Data by written request to admin@360io.com at any time during the Subscription Term and for ninety (90) days after termination or expiration. 360io will deliver the export by secure transfer within thirty (30) days of the request, at no charge for one export per twelve (12) month period; additional exports are billed at 360io's then-current professional services rate. The export includes: patient and contact records with their fields and custom fields; appointment, booking and calendar history; messages, chat threads and message attachments; uploaded documents, forms, consents and signature records with their audit trail (signer identity, timestamp, IP and device); photos and media uploaded by or for patients; transaction and invoice history; and membership and subscription records.
3.5.1 Deletion after the request window.
If no request is made within the ninety (90) day window, or after 360io has delivered a requested export, 360io may permanently delete or de-identify Company Data and will, on written request, provide certification of deletion. Company should therefore obtain its export before or promptly after termination.
3.5.2 Company's own retention obligations.
Company, not 360io, is the covered entity and the owner and custodian of its patient records. Company is solely responsible for retaining its patient records for the periods required by applicable law, its professional licensing board, and its payors — which for Florida-licensed physicians is at least five (5) years from last patient contact under Fla. Admin. Code R. 64B8-10.002, and may be longer under Medicare and other requirements. 360io is a service provider and business associate, is not Company's record archive or record custodian, and does not undertake to retain Company Data for any statutory retention period. Long-term archival storage is available only under a separate written archive service agreement.
3.6 Data is not source code.
For clarity, Sections 3.4, 3.5 and 3.5.1 obligate 360io to deliver Company's data, records and files only. They do not obligate 360io to deliver, license or escrow the platform's source code, database schema, infrastructure, or any part of the Service itself.
3.7 HIPAA
Where the Business Associate Agreement applies, 360io's obligations to return or destroy protected health information on termination, and to support Company's response to patient requests for access, amendment and accounting of disclosures, are governed by the BAA, which controls over this Section as to PHI.
3.8 Restrictions.
Company may not decompile, reverse engineer, copy, or create derivative works of the 360io platform or the app client, use the app or platform to build or operate a competing product, or license, resell or sublicense the app or platform to third parties as a software product. Operating the app for Company's own patients and locations is not a violation of this Section.
4. Company Responsibilities
4.1 General.
Company is responsible for: the accuracy and legality of Company Data; maintaining credentials and account security; enrollment in and fees for the Apple Developer Program and Google Play Console; compliance with app store policies; the conduct of its Internal Users; and all activity under its accounts. Company will not upload or transmit content that is unlawful, infringing, or that Company lacks the right to publish.
4.2 Patient communications and consent (TCPA).
Company controls the content and recipients of all messages, texts, emails, push notifications and marketing campaigns sent through the Service. Company warrants that it has obtained and will maintain all consents required by the Telephone Consumer Protection Act, CAN-SPAM, and applicable state law from every recipient it messages, that it will promptly honor opt-out and revocation requests, that it will not message purchased, rented or scraped lists, and that it is responsible for A2P 10DLC registration, carrier requirements and message content compliance. Company will defend and indemnify 360io against all claims, penalties and costs arising from messages Company sends or causes to be sent through the Service.
4.3 Patient images, before-and-after media and advertising
Company warrants that it holds a signed authorization or model release from each patient whose photographs, video or testimonials are uploaded, displayed or used in the app, that such use complies with HIPAA and with the advertising rules applicable to its profession and licensing board (including, for Florida-licensed physicians, Chapter 456, Florida Statutes), and that Company owns or is licensed to use all such media. 360io stores and displays this media at Company's direction only, does not review it for compliance, and Company will defend and indemnify 360io against claims arising from it.
4.4 Acceptable use and fair use.
Company will not use the Service to send unlawful, harassing, deceptive or infringing content, to store data outside the scope of its practice, to scrape or overload the platform, or to share accounts among multiple Internal Users. Storage, messaging and API usage are expected to be consistent with normal use by a practice of Company's size; sustained usage materially above that level may be charged at 360io's then-current overage rates after notice to Company.
5. Payments and Merchant Processing
Payments made by External Users through Company’s branded app settle directly to Company’s own merchant account. 360io does not hold, receive or take any percentage of those funds and charges no transaction fee. Any convenience fee or surcharge Company elects to charge its patients is set, disclosed and retained solely by Company, and Company is solely responsible for compliance with applicable card network rules and state and federal law regarding such fees.
All patient refunds, chargebacks, disputes and PCI-DSS compliance are the sole responsibility of Company and its payment processor. 360io is not a party to any transaction between Company and its patients and has no liability for any such transaction. If Company initiates a chargeback or payment reversal against 360io's own fees rather than raising the dispute in writing, that is a material breach and 360io may suspend the Service immediately.
6. Fees, Billing and Taxes.
Company will pay the fees stated in the Order Form. Setup fees are billed on the Start Date; recurring fees are billed in advance for each billing period. Invoices not paid by credit card are due net thirty (30) days. Late amounts accrue interest at 1.5% per month or the maximum permitted by law. 360io may suspend the Service upon ten (10) days’ written notice of non-payment. Fees are non-refundable except as expressly stated in the Order Form (including any money-back guarantee) or these Terms. Fees exclude taxes; Company is responsible for all taxes other than taxes on 360io’s net income. 360io may adjust fees upon renewal with at least sixty (60) days’ notice.
7. Third-Party Services, Support and Availability
7.1 Third parties.
The Service depends on third-party providers including Apple, Google, telecommunications carriers, payment processors and hosting providers. Changes to their policies, pricing, APIs or availability, app store review outcomes, delays or rejections, and third-party outages are outside 360io's control and are not a breach of the Agreement. 360io may substitute a materially equivalent third-party provider or feature at any time.
7.2 Support.
All technical support requests must be submitted through the 360io support portal at portal.360io.com. Support is provided during business hours, Monday to Friday, excluding U.S. holidays, with commercially reasonable efforts to respond within one business day. Requests sent by other channels may be redirected to the portal. admin@360io.com is for contractual and billing notices, not technical support.
7.3 Availability.
360io uses commercially reasonable efforts to keep the Service available but provides no uptime service level and no service credits unless expressly agreed in a separate written service level agreement. 360io may perform
7.4 Beta features.
Features identified as beta, pilot, preview or early access are provided as-is, without warranty or support, and may be modified or discontinued at any time.
7.5 Launch timeline
360io targets publication of Company's branded iOS and Android apps within thirty (30) days of the Start Date. This is a target and not a guaranteed date. The timeline depends on matters outside 360io's control, including Company creating its own Apple Developer and Google Play Console accounts, Company granting 360io the required access to those accounts, Company supplying branding, content and configuration information, and the review, approval and publication timelines of Apple and Google. Delay caused by any of these matters extends the target accordingly and is not a breach of the Agreement, and does not suspend, reduce or delay Company's payment obligations.
7.6 CRM account
Where the Order Form includes a CRM account, 360io provisions and configures a dedicated CRM sub-account for Company's own use on a third-party platform selected by 360io. 360io may change the underlying platform provider on notice, provided a materially equivalent account is made available. The monthly fee covers the account itself. Messaging usage, including SMS, voice and email sending charges, is Company's own responsibility, is funded by Company and is not included in the monthly fee. Company determines how it configures and uses the CRM account. Company is responsible for its use of the CRM, including compliance with Section 4.2, and for any access it grants to its own agencies or contractors.
8. Term, Renewal and Termination
The Agreement begins on the Start Date and continues for the Initial Term stated in the Order Form. Company may give notice of termination for convenience at any time, by email to admin@360io.com; there is no renewal window. Such termination takes effect ninety (90) days after the notice is sent, or at the end of the Initial Term, whichever is later. Unless the Order Form states otherwise, after the Initial Term the Agreement continues on a month-to-month basis on the same ninety (90) days' notice, and does not renew for a further fixed term. Either party may terminate for material breach not cured within thirty (30) days of written notice. On termination, Company's access to the Service ends; Company Data is exported in accordance with Section 3.5, and Company retains its apps, developer accounts, brand and Company Data as provided in Section 3. Termination for convenience does not entitle Company to a refund of fees already paid, except under any money-back guarantee stated in the Order Form. Where this Section conflicts with the Order Form, the Order Form controls.
9. Confidentiality
Each party will protect the other’s Confidential Information with at least reasonable care, use it only to perform under the Agreement, and disclose it only to personnel and advisors bound by similar obligations. These obligations do not apply to information that is public through no fault of the recipient, independently developed, or rightfully received from a third party, and do not prevent disclosure required by law with reasonable prior notice where permitted.
10. Data Protection, HIPAA and Security
As between the parties, Company owns Company Data. 360io processes Company Data solely to provide and support the Service. Where Company is a HIPAA covered entity and the Service processes protected health information, the parties will execute a Business Associate Agreement (“BAA”), which is incorporated into the Agreement and controls in the event of conflict regarding PHI. 360io maintains administrative, physical and technical safeguards designed to protect Company Data, including encryption in transit and at rest, access controls, audit logging, and device, IP and timestamp capture for electronic signatures. 360io will notify Company without undue delay of any confirmed breach of security affecting Company Data.
10.1 No marketing to Company's patients.
360io will not use Company Data or protected health information to market its own or any third party's products or services to Company's External Users, and will not sell, rent or license Company Data or contact information for Company's External Users to any third party. 360io will not contact Company's External Users except as necessary to deliver, support or secure the Service at Company's direction, or as required by law. Company's patients are and remain Company's patients.
10.2 Aggregate and de-identified data.
Company authorizes 360io to de-identify Company Data in accordance with 45 C.F.R. § 164.514 and to create and use aggregated, statistical and de-identified data derived from use of the Service to operate, secure, support, analyze and improve the Service, and to publish benchmarks and industry reports. Such data will not identify Company, any External User, or any individual, and will never be presented in a manner that permits identification of Company or its patients without Company's prior written consent. Any de-identification of protected health information is performed only to the extent authorized by the BAA, which controls as to PHI. Aggregated and de-identified data is not Company Data and 360io may retain and use it after termination.
10.3 Use of Company's content in 360io marketing.
360io will not use Company's patient photographs, before-and-after media, testimonials, patient records or app content in 360io's own marketing, demonstrations, advertising or case studies without Company's prior written permission, given per item or per campaign. Where Company grants such permission, Company warrants that it holds a valid, signed patient authorization or model release covering disclosure to and use by 360io and its marketing channels for that purpose, that the use complies with HIPAA and with the advertising rules applicable to Company's profession and licensing board, and Company will defend and indemnify 360io against claims arising from the permitted use. Company may revoke permission for future use at any time on written notice to admin@360io.com; 360io will cease further use within thirty (30) days but is not required to recall materials already distributed.
11. Electronic Signatures
The parties consent to transact electronically. Signatures captured in the Service, and on Order Forms, are intended to be legally binding under the U.S. E-SIGN Act and UETA. Each signature record includes the signer’s identity, timestamp, IP address and device information, and 360io will make that record available to Company on request for dispute or chargeback purposes.
12. Warranties and Disclaimer
Each party warrants it has authority to enter into the Agreement. 360io warrants that the Service will perform materially as described in its documentation. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND 360IO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 360io does not warrant uninterrupted or error-free operation, and is not responsible for delays or rejections by Apple, Google or other third-party providers. 360io does not provide medical, legal, tax or regulatory advice.
13. Indemnification
360io will defend Company against third-party claims that the Service infringes a U.S. intellectual property right and pay resulting damages finally awarded. Company will defend 360io against third-party claims arising from Company Data, Company’s content, Company’s use of the Service in violation of law, or fees charged by Company to its patients, and pay resulting damages finally awarded. Each indemnity requires prompt notice, sole control of the defense, and reasonable cooperation.
14. Limitation of Liability
NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE FEES PAID OR PAYABLE BY COMPANY UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply to Company’s payment obligations, either party’s indemnification obligations, or breaches of confidentiality.
14. Limitation of Liability
NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE FEES PAID OR PAYABLE BY COMPANY UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply to Company’s payment obligations, either party’s indemnification obligations, or breaches of confidentiality.
15. Publicity, Suspension and Force Majeure
360io may identify Company as a customer by name and logo unless Company objects in writing. Any use of Company's patient media or app content in 360io's marketing is governed by Section 10.3. 360io may suspend access for non-payment, security risk, or use that violates law or these Terms, with notice where practicable. Neither party is liable for delays caused by events beyond its reasonable control.
16. General
The Agreement is governed by the laws of the State of Florida, without regard to conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Hillsborough County, Florida. Neither party may assign the Agreement without the other’s prior written consent, including on a sale of Company’s practice, except that 360io may assign to a successor in a merger or sale of substantially all of its assets. Notices must be in writing and sent to the email or address stated in the Order Form; notices to 360io must also be sent to admin@360io.com. The Agreement is the entire agreement between the parties and supersedes all prior discussions; it may be modified only in a writing signed by both parties or by a later Order Form or Upgrade Form. If any provision is held unenforceable, the remainder remains in effect. The parties are independent contractors.
During the Subscription Term and for twelve (12) months after, Company will not solicit for employment or engagement any 360io employee or contractor involved in providing the Service, other than through a general public job posting. In any action to enforce or arising out of the Agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs. Notices sent by email to the addresses in the Order Form are deemed received on the next business day. Sections 3, 5, 6, 9, 10, and 12 through 16, and any accrued payment obligations, survive termination.
Company authorizes 360io to de-identify Company Data in accordance with 45 C.F.R. § 164.514 and to create and use aggregated, statistical and de-identified data derived from use of the Service to operate, secure, support, analyze and improve the Service, and to publish benchmarks and industry reports. Such data will not identify Company, any External User, or any individual, and will never be presented in a manner that permits identification of Company or its patients without Company's prior written consent. Any de-identification of protected health information is performed only to the extent authorized by the BAA, which controls as to PHI. Aggregated and de-identified data is not Company Data and 360io may retain and use it after termination.