Terms and Conditions

Please read these Terms of Service carefully. By accessing or using the Platform or Services, creating an account, or clicking to accept these Terms, you agree to be bound by these Terms of Service, our Privacy Policy, any Data Processing Agreement, any Affiliate Agreement, and any other policies or addenda expressly incorporated by reference (collectively, the “Terms”).

If you do not agree to these Terms, do not access or use the Platform or Services.

Elite Medical Solutions, NC LLC DBA Elite Medical Solutions (“Elite Medical Solutions,” “we,” “us,” or “our”) provides a software platform and related services for business users.

1. Eligibility and Account Registration

1.1 Eligibility

You must be at least 18 years old and able to form a binding contract to use the Platform or Services.

1.2 Business Use

The Platform is intended for business use or use in connection with a trade, craft, or profession.

1.3 Authority

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

1.4 Account Information

You agree to provide accurate, current, and complete information when registering for an account and to keep that information updated.

1.5 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You must notify us immediately at of any unauthorized access or security incident involving your account.

2. Use of the Platform

2.1 Limited License

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform and Services for your internal business purposes.

2.2 Lawful Use Only

You may use the Platform only in compliance with these Terms and all applicable laws, rules, and regulations.

2.3 Your Responsibility

You are solely responsible for:

- your use of the Platform and Services

- all content, data, and materials submitted through your account

- the acts and omissions of your employees, contractors, agents, clients, and end users

- obtaining all notices, consents, and permissions required for your use of the Services

2.4 Customer Data and Notices

You represent and warrant that you have all rights and permissions necessary to collect, use, and share any data provided to us in connection with the Platform or Services.

If you provide access to the Platform to your customers or end users, you are responsible for maintaining your own privacy policy and legally compliant notices and consent mechanisms.

3. Communications Services; TCPA, CAN-SPAM, and A2P Compliance

3.1 Communications Features

The Platform may include features that allow you to send or manage SMS, MMS, email, voice, or other communications.

3.2 You Are the Sender

You acknowledge and agree that you are the party that creates, initiates, and sends communications using the Platform. We are a software platform provider only. We do not determine message recipients, message content, timing, or whether a communication should be sent.

3.3 Compliance Obligations

You are solely responsible for ensuring that all communications sent through the Platform comply with all applicable laws and industry requirements, including, where applicable:

- the Telephone Consumer Protection Act (TCPA)

- the CAN-SPAM Act

- CTIA guidelines

- carrier and 10DLC requirements

- state privacy and telemarketing laws

- any applicable consent, notice, opt-out, recordkeeping, and disclosure obligations

3.4 Required Consent

You agree not to send SMS, MMS, email, or voice communications through the Platform unless you have obtained all legally required consents from recipients.

3.5 Consent Records

You agree to maintain accurate records of consent, including where applicable:

- date and time of consent

- method of consent

- source URL or form

- IP address

- consent language presented at the time of opt-in

3.6 Prohibited Messaging Activity

You may not use the Platform to send communications that are unlawful, deceptive, abusive, misleading, or prohibited by carrier rules or applicable law.

3.7 Opt-Outs

You are responsible for honoring opt-outs, unsubscribe requests, STOP requests, and similar revocations of consent in accordance with applicable law and carrier requirements.

3.8 Suspension for Messaging Risk

We may suspend, restrict, or terminate access to communication features or your account if we believe your use presents legal, carrier, reputational, security, or abuse risk.

4. Third-Party Services

The Platform may interoperate with or include third-party services, software, telecom providers, or content (“Third-Party Services”).

We do not control and are not responsible for Third-Party Services, including outages, downtime, delivery failures, carrier filtering, or third-party policy changes. Your use of Third-Party Services may be subject to separate terms.

If your account is paused, cancelled, or terminated, certain third-party assets such as phone numbers, messaging resources, or email services may be released and may not be recoverable.

5. Fees, Billing, and Payments

5.1 Fees

You agree to pay all fees, subscription charges, usage charges, communication surcharges, taxes, and other amounts due for your use of the Platform and Services.

5.2 Billing Authorization

You authorize us to charge your payment method on file for all amounts due.

5.3 Non-Refundable Fees

Except as required by law or expressly stated otherwise in writing, all fees are non-refundable.

5.4 Minimum Commitments

If your plan includes a minimum commitment term, you remain responsible for all fees due during that commitment period.

5.5 Overdue Amounts

If payment is declined or overdue, we may suspend or terminate your access to the Platform or Services and recover all amounts owed, including reasonable collection costs.

5.6 Taxes

You are responsible for all taxes, duties, levies, and governmental assessments arising from your use of the Platform or Services, excluding taxes based on our net income.

5.7 Payment Disputes

You must notify us in writing of any billing dispute within sixty (60) days after the applicable charge date, or the dispute is waived.

6. Prohibited Uses

You may not, and may not permit others to:

- use the Platform in violation of any law or regulation

- send spam or unlawful marketing communications

- send messages without required consent

- use purchased, scraped, or harvested contact lists where prohibited

- impersonate another person or entity

- transmit malicious code, viruses, or harmful material

- interfere with the operation or security of the Platform

- attempt unauthorized access to any system or account

- reverse engineer, copy, or exploit the Platform except as expressly allowed by law

- use the Platform for fraud, phishing, deception, or abusive practices

- use the Platform in a manner that could harm us, users, recipients, carriers, or third parties

Any violation of this Section is a material breach of these Terms.

7. Privacy

Your use of the Platform is subject to our Privacy Policy: https://elite-medconsulting.com/privacy-policy.

By using the Platform, you acknowledge that we may collect, use, and disclose information as described in our Privacy Policy.

You are responsible for adopting and complying with your own privacy policy and legal obligations to your customers and contacts.

8. Intellectual Property

8.1 Our Property

The Platform, Services, software, content, design, trademarks, logos, and related materials are owned by us or our licensors and are protected by intellectual property laws.

8.2 Limited Rights

Except for the limited license expressly granted in these Terms, no right, title, or interest in the Platform or Services is transferred to you.

8.3 Your Content

You retain ownership of content and data you submit to the Platform (“User Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and otherwise use User Content as necessary to provide, secure, support, and improve the Platform and Services.

8.4 Feedback

If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free right to use that feedback without restriction or compensation.

9. DMCA and Infringement Claims

If you believe content on the Platform infringes your copyright or other intellectual property rights, please send notice to:

Elite Medical Solutions

Attention: Copyright Agent

2405 Rogerson St, 2405Roger

Raleigh, NC 27614-7007

Email:

Your notice must include sufficient detail for us to evaluate and respond to the claim.

10. Disclaimers

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT MESSAGES OR COMMUNICATIONS WILL BE DELIVERED, RECEIVED, OR NOT BLOCKED.

YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Elite Medical Solutions OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Elite Medical Solutions, its affiliates, officers, directors, employees, licensors, and service providers from and against any claims, damages, liabilities, losses, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

- your use of the Platform or Services

- your content, data, or communications

- your violation of these Terms

- your violation of any law or regulation

- your failure to obtain legally required notices or consents

- disputes between you and your customers, users, or recipients

13. Termination

13.1 By Us

We may suspend, restrict, or terminate your account or access to the Platform or Services at any time, with or without notice, if:

- you violate these Terms

- your use presents legal, security, abuse, payment, or reputational risk

- we are required to do so by a carrier, provider, regulator, or law enforcement authority

- we discontinue the Platform or Services

13.2 By You

You may cancel your Services in accordance with your subscription terms. Unless otherwise stated in a separate agreement, cancellation requests should be submitted in writing to .

13.3 Effect of Termination

Upon termination, your right to use the Platform immediately ends. Any provisions that by their nature should survive termination will survive, including provisions relating to fees, intellectual property, disclaimers, limitations of liability, indemnification, arbitration, and governing law.

14. Injunctive Relief

You agree that any actual or threatened breach of these Terms may cause irreparable harm for which monetary damages may be inadequate, and we may seek injunctive or equitable relief without posting bond, to the extent permitted by law.

15. Governing Law; Arbitration; Class Action Waiver

These Terms are governed by the laws of the State of NC, without regard to conflict of laws principles.

Any dispute arising out of or relating to these Terms, the Platform, or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. The arbitration shall take place in Raleigh, NC, unless applicable law requires otherwise.

You and Elite Medical Solutions agree that:

- disputes will be resolved only on an individual basis

- class actions and class arbitrations are waived

- claims may not be joined with those of another party

If any part of this Section is found unenforceable, the remaining portions will remain in effect to the fullest extent permitted by law.

16. Miscellaneous

16.1 Changes to Terms

We may update these Terms from time to time. Updated Terms become effective when posted. Your continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

16.2 Entire Agreement

These Terms constitute the entire agreement between you and Elite Medical Solutions regarding the Platform and Services, except for any separate written agreement signed by both parties.

16.3 Assignment

We may assign these Terms at any time. You may not assign these Terms without our prior written consent.

16.4 Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision.

16.5 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

16.6 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including outages, carrier issues, labor disputes, natural disasters, war, terrorism, governmental actions, or internet failures.

17. Contact Information

Elite Medical Solutions, NC LLC DBA Elite Medical Solutions

2405 Rogerson St, 2405Roger

Raleigh, NC 27614-7007

Email:

Phone: +12524121530

Website: https://elite-medconsulting.com/

18. SMS Terms and Conditions

18.1 Program Description

By opting in to receive SMS messages from Elite Medical Solutions, NC LLC DBA Elite Medical Solutions, you agree to receive informational, transactional, and, where permitted and separately consented to, promotional text messages related to your inquiry, account, appointments, services, or offers.

18.2 Opt-In

You may opt in through website forms, checkboxes, intake forms, or other express written consent methods. Consent to receive SMS messages is not a condition of purchase.

18.3 Message Frequency

Message frequency may vary based on your interaction with us and your selected services.

18.4 Message and Data Rates

Message and data rates may apply depending on your carrier plan.

18.5 Opt-Out

You may opt out at any time by replying STOP to any text message. After opting out, you may receive a one-time confirmation message. No further SMS messages will be sent unless you opt in again.

18.6 Help

Reply HELP for help, or contact us at or +12524121530.

18.7 Re-Enrollment

After opting out, you may opt back in by submitting a new consent form or replying START, where supported.

18.8 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

18.9 Consent Records

We may maintain records of SMS consent, including the date, time, method, source, IP address, and consent language shown at opt-in, for compliance and audit purposes.

18.10 Privacy

We do not sell or share mobile numbers or SMS opt-in data with third parties for their own marketing purposes. We may share such data only with service providers acting on our behalf to deliver messaging services.

For more information, please review our Privacy Policy: https://elite-medconsulting.com/privacy-policy

19. Definitions

- “Platform” means the website, software, tools, applications, features, and related services made available by Elite Medical Solutions.

- “Services” means the services offered through the Platform, including communication and software features.

- “User Content” means information, content, data, files, text, media, and materials submitted by you or through your account.

- “Third-Party Services” means products, services, software, networks, carriers, or content provided by third parties.

- “Fees” means subscription fees, usage fees, communication surcharges, and any other amounts due for use of the Platform or Services.

- “Communication Surcharges” means carrier, telecom, messaging, or similar pass-through charges associated with your use of communications services.

Last Updated: March 18, 2026