AvodahMed Provider Terms of Use

By clicking to accept or agreeing to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use (the “Agreement”) between Avodah, Inc. and its authorized agents, (collectively referred to as “Avodah”, “us” or “we”), and you (“you” or “Provider”) for the purpose of facilitating the provision of Health Care Services to Patients to whom you providing services through the Platform (as defined below) as an independent health care provider. Please read the Agreement carefully before you start to use the Services. If you do not agree to this Agreement, you are not allowed to access or use the Platform or Services. If you use the Platform or Services on behalf of another person or entity, (a) all references to “you” throughout this Agreement will include that person or entity, (b) you represent that you are authorized to accept this Agreement on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates this Agreement, the person or entity agrees to be responsible to us. If you do not meet all of these requirements, you are not allowed to use the Platform or Services.

This Agreement governs and applies to your access and use of the Platform and receipt of the Services.

Definitions

“Avodah”
means Avodah, Inc., which is the owner and operator of the Platform and is not a Provider or other provider of Health Care Services or any healthcare services.
“Health Care Services”
means healthcare and related services provided by you to Patients.
“Patient”
means any person who has entered into an informed consent agreement with a Provider and receives Health Care Services from a Provider.
“Platform”
means the Avodah digital platform(s) that Providers access to facilitate the delivery of the Services, which may include the Avodah website, mobile applications, or any other software, tools, or features.
“Private Information”
means personally identifiable information (“PII”), including protected health information (“PHI”), as defined under Health Insurance Portability and Accountability Act (“HIPAA”), and other private information as defined in (i) to the extent applicable, personal information of online persons under age 13, pursuant to the Children’s Online Privacy Protection Act of 1998, as amended, and its regulations (“COPPA”); and (ii) state-specific health information confidentiality and privacy laws, provided to Avodah or Provider or developed while receiving the Services.
“Services”
are the services Avodah provides to the Provider to facilitate the provision of Health Care Services in accordance with the terms of a subscription agreement between Avodah and Provider or Provider’s representative. All Services are for information and education purposes only and are not Health Care Services.
“User”
is any person who accesses the Platform.

The Platform

  1. Subject to your compliance with this Agreement, we will provide you with access to the Platform as further set forth in the order placed with Avodah on the user dashboard where the Platform is made available for purchase (the “User Dashboard”). The Platform is provided on a subscription basis for a set term designated in the User Dashboard (the “Subscription Term”) and may be limited to a number of devices or Permitted Users (as defined below) in each case as designated in the User Dashboard.
  2. You may permit your employees, independent contractors, and consultants who are not competitors of Avodah to access the Platform on your behalf (“Permitted Users”). Use of and access to the Platform is permitted only by the number of Permitted Users specified in the User Dashboard, as applicable. You will remain responsible for each of its Permitted Users’ compliance with all of the terms and conditions of this Agreement. Any use of the Platform by Permitted Users must be for the sole benefit of Provider. You will require that all Permitted Users keep strictly confidential and not share with any unauthorized person the Permitted Users’ credentials for Account Access (as defined below). You will be solely responsible for, and for maintaining the security of, accounts, passwords (including administrative and user passwords) and files, and for all uses of your and the Permitted Users’ accounts with or without your knowledge or consent.
  3. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

Eligibility Requirements and Acknowledgements

  1. You agree that you are eighteen (18) years of age or older, are engaging Avodah under your own name, and are not misrepresenting your identity or impersonating another person.
  2. You hereby acknowledge, confirm, and agree that all the Private Information that you have or will provided in or through the Platform is accurate, true, current, and complete.
  3. You represent and warrant that have the legal right and authority to enter into this Agreement and that you have the legal right and authority to engage Avodah to facilitate the provision of Health Care Services.
  4. You agree that you have secure access to personal on-line and/or mobile technology that enables the you and/or the Patient to exchange Private Information and communicate with Avodah in a confidential manner.
  5. You agree, confirm, and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password. You agree that you will not give any third-party Account Access.
  6. You agree: (i) not to use the account or Account Access of any other person for any reason; and (ii) to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
  7. You understand and agree that we make no representation that the Platform or Services are appropriate or available for use in locations other than the United States. You further agree not to use the Platform if you are physically located outside of the United States.
  8. You agree not to access the Platform or its contents in order to build a similar or competitive website, product, or service.
  9. You agree not to access, use, or copy any portion of the Platform, any Communication or Output, or any contents of the Platform through the use of bots, spiders, scrapers, web crawlers, indexing agents, automated devices or mechanisms, or any similar or equivalent manual process to monitor or copy any portion of the Platform or its contents for any purpose not authorized by us. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Platform. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Platform or its contents or any access to or use of the Platform or its contents.
  10. You agree and commit not to make any use of the Platform for the posting, sending or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; or (f) any content which may constitute, cause, or encourage a criminal action or violate any applicable law.
  11. You understand and agree the information disclosed by you or a Patient you represent during the course of Health Care Services sessions are generally confidential, however, there are both mandatory and permissive exceptions to confidentiality, including but not limited to reporting child, elder, and dependent adult abuse; expressed threats of violence towards an ascertainable victim; expressed threats to harm or kill yourself; and where you make your mental or emotional state an issue in a legal proceeding.
  12. You understand and agree that we may contact and/or attempt to locate you, either ourselves or using the appropriate authorities, if either we have good reason to believe that you or any other person may be in danger.
  13. You understand and agree Avodah may de-identify and use Private Information in any manner permitted by law, as set forth in the Privacy Policy (as defined below).
  14. You agree that you are solely responsible for obtaining any required consents from Patients to provide Health Care Services, including to collect Patient data and scheduling information and as otherwise required for the Services.

Subscription Term; Fees and Payment

  1. Subscription Term and Renewal. Unless earlier terminated as set forth below, each Subscription Term will begin on the date specified in the User Dashboard and continue for the specified period set forth therein. If your subscription is not renewed, your access to the Platform and Services will terminate immediately at the end of the then-current Subscription Term. If you purchase such a subscription involving automatic renewal, your subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term unless you cancel it, and you authorize Avodah to maintain your account information and charge that account automatically upon the renewal with no further action required by you, and Avodah will charge your on-file payment card or method on the first day of the renewal of the subscription term. All fees due for access to and use of the Platform are due and payable upon purchase of the applicable subscription or upgrade to the Platform as set forth in the User Dashboard. Except as expressly set forth herein, all fees are non-refundable.
  2. Cancellation. You may cancel your subscription through your account at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the Services through the end of your previously paid current subscription period.
  3. Price Increases. Avodah will provide written notice of any new terms applicable to any renewal term (including then-current rates) at least thirty (30) days prior to the date of the renewal. Following notice of such new terms, your use of the Services will be charged at the then-current subscription price, unless you cancel your subscription at least ten days before the changes take effect.
  4. Taxes. You are responsible for any sales, use, value-added withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Avodah. Any late payments will be subject to a service charge equal to one and a half percent (1.5%) per month of the amount due or the maximum amount allowed by law, whichever is less.
  5. Payment Cards. If you wish to purchase a subscription, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under this Agreement. In the event that Avodah is unable to charge your account as authorized by you, Avodah may in its sole discretion (i) bill you for your Services and suspend your access to the Services until payment is received or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

Electronic Communication Authorization

  1. You agree that by using the Platform, you expressly authorize Avodah to record the verbal exchange or other communication between the User or Patient and Provider, to access Private Information from the Provider, and to analyze voice and other biometric information to provide Services.
  2. You agree that by using the Platform, you expressly authorize Avodah to communicate with you via electronic means, such as email, text, telephone, or chat, as determined appropriate by Avodah. You understand that such electronic communication is not a secure form of communication, and you understand there are risks involved in such communications, such as unauthorized access or inadvertent disclosure of Private Information.

Provider and Health Care Services

The Platform will be used to facilitate the provision of Health Care Services between a Patient and a Provider. We do not vet or otherwise credential or make any representation of the qualifications of Provider to provide Health Care Services. Provider is an independent provider and is not employee, agents, or representative of Avodah. Provider on the Platform is solely responsible for the provision of Health Care Services.

Services Provided by Avodah

  1. Avodah’s role is limited to providing the software to the Provider. The Platform is a technology platform and does not provide any clinical decision support or other clinical assistance to Provider. Avodah does not provide Health Care Services or other therapy or healthcare services. The Provider, not Avodah, is responsible for any acts or omissions in providing Health Care Services, and the Provider is responsible for the contents in information exchanged on the Platform, including questions, answers, requests for information, responses, profiles and other places where Users may communicate with Providers (“Communication”) and should not rely on the factual accuracy of output from the Platform’s underlying algorithms or artificial intelligence program (“Output”). The accuracy and relevance of any Output is subject to review and approval by the Provider. Provider shall be responsible for all clinical and Patient treatment decisions based on the independent exercise of its professional judgement consistent with the standard of care.
  2. We do not refer Users to, or endorse or recommend, particular providers. You understand and acknowledge that Avodah cannot and does not control the content of any Communication or Output. The Platform may generate educational information, graphics, research sources, and other incidental information, and such information should not be considered medical or clinical advice. Nothing on the Platform represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Avodah does not endorse any specific tests, medications, products, or procedures.
  3. Avodah reserves the right, but is not obligated, to remove any User’s, including Provider’s, access to the Platform for any reason, including violation of this Agreement.

Privacy & Security

  1. Information that you provide to us, or that we collect about you through your access to and use of the Platform is subject to our Privacy Policy (available at AvodahMed Privacy Policy).
  2. The Platform is designed to comply with HIPAA and applicable privacy laws and rules. You are responsible for notifying patients of your use of the Platform during your patient encounters. Information about our security practices and your data privacy can be found in our Privacy Policy.
  3. Avodah takes commercially reasonable measures as it deems appropriate to secure and protect Private Information transmitted to and from the Platform. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of your Private Information, including any username and any password used in connection with your use of the Platform. Avodah will not be liable for any loss or damage arising from the unauthorized use of your username or password.
  4. By agreeing to this Agreement or by using the Platform, you acknowledge that we may use information as set forth in our Privacy Policy.

Third-Party Content

  1. The Platform may contain other content, products, or services which are offered or provided by third parties (“Third-Party Content”), including links to such Third-Party Content. We do not endorse any Third-Party Content nor do we have any responsibility for the creation of any such Third-Party Content, and we will not be liable for any damage or loss caused by the products, practices, terms, or policies of any third parties.
  2. Specifically, certain items of independent, third-party code may be utilized in connection with the Platform that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software. Please see our page regarding Open-Source Software, currently available at AvodahMed 3rd Party Open-Source Software Agreement for more information regarding the Open-Source Software utilized in connection with our Platform.

Feedback

By sending us any feedback, including data utilized by us related to our algorithms or artificial intelligence programs, comments, questions, or suggestions concerning Avodah, the Health Care Services, or the Platform, (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Avodah any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of this Agreement, and your participation in the Platform.

Intellectual Property

  1. Except as otherwise identified herein, you understand and agree that we own, control, or (where applicable) license from third parties, all rights, title, and interest in and to the Platform and any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Platform (all such materials, and any compilation, collection, or arrangement thereof, collectively, the “Content”). You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Platform or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Avodah or its licensors and content providers.
  2. The Avodah name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Avodah or its affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
  3. If you believe that any Content or Third-Party Content available on the Platform has been or is being used in a way that constitutes copyright infringement, please follow the steps outlined in our Copyright Policy, set forth below.

Copyright Policy

  1. If you believe that any materials made available on the Platform infringe your copyright, please notify us and provide the information below. We will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). You should send any notice of infringement relating to the Platform or any materials made available on the Platform to our designated copyright agent. If you decide to send us any such notice, you must:
    1. identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed;
    2. provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
    3. include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    4. include a statement by you that the information contained in your notice is accurate and that you attest that, under penalty of perjury, you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and
    5. include your name, mailing address, telephone number and email address.
  2. You may submit your notice of alleged copyright infringement to our designated copyright agent by mail or email as set forth below:
    Designated Copyright Agent
    Avodah, Inc.
    1600 Solana Blvd
    Suite 8110
    Westlake, TX 96262
    Email: support@avodah.com
  3. Please note that you may be liable for damages, including costs and attorneys’ fees, if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright.

Disclaimers

  1. ACCESS TO THE PLATFORM AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVODAH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE MAKE NO REPRESENTATIONS AS TO ACCURACY, COMPLETENESS, CORRECTNESS, SUITABILITY, OR VALIDITY OF ANY INFORMATION ON THIS PLATFORM AND WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, OR DELAYS IN THIS INFORMATION OR ANY LOSSES INJURIES, OR DAMAGES ARISING FROM ITS DISPLAY OR USE.
  2. WITHOUT LIMITING THE FOREGOING, AVODAH DOES NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
  3. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PLATFORM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE PLATFORM CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. THE PLATFORM CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE PLATFORM.
  4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM (i) is provided for information and education purposes only, and (ii) is not designed, intended, made available, or authorized by any regulatory body: (1) as a medical device(s); (2) for the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of a disease or other conditions; or (3) as a substitute or replacement for or to support or make recommendations of professional medical advice, diagnosis, treatment, or judgement.

Limitation of Liability

  1. IN THE EVENT OF ANY PROBLEM WITH THE PLATFORM OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL AVODAH, ANY OF AVODAH’S LICENSORS OR SUPPLIERS, OR ANY THIRD PARTIES WHO PROMOTE THE PLATFORM OR PROVIDE YOU WITH A LINK TO THE PLATFORM BE LIABLE IN ANY WAY FOR YOUR (I) RECEIPT OF ABA THERAPY SERVICES FROM ANY PROVIDER OR (II) USE OF THE PLATFORM OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
  2. UNDER NO CIRCUMSTANCES SHALL AVODAH BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR (I) RECEIPT OF ABA THERAPY SERVICES FROM ANY PROVIDER OR (II) USE OF THE PLATFORM, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE, EVEN IF AVODAH OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF AVODAH UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE PLATFORM OR THE SERVICES SHALL BE THE TOTAL AMOUNT PAID BY YOU TO AVODAH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  3. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
  4. This section on Limitation of Liability, and all clauses in this Agreement regarding limitations of liabilities and indemnification, shall survive the termination or expiration of this Agreement.

Indemnification

  1. You will indemnify, defend, and hold harmless Avodah from and against any and all claims, losses, causes of action, demands, liabilities, costs, or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; or (d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. This clause shall survive expiration or termination of this Agreement.
  2. You agree, confirm, and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
  3. You acknowledge and agree that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

Modifications, Termination, Interruption, and Disruptions to the Platform

  1. You understand, agree and acknowledge that we may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform, or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
  2. The Platform depends on various factors such as software, hardware, and tools, either our own or those owned and operated by our contractors and suppliers. While we strive to ensure that the Platform is consistently reliable and accessible, you understand that we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely, or error-free at all times.

Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the Platform by email or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@avodah.com.

Governing Law and Venue

  1. This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Texas excluding any rules governing choice of laws.
  2. You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the U.S. District Court for the Northern District of Texas, or the state courts located in the Tarrant County in Texas. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

Miscellaneous

  1. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER HEREOF. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
  2. We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check this Agreement frequently. The last update date of this Agreement is posted at the top of the terms. By using the Services after any changes become effective, you agree to be bound by such changes. If you do not agree to the changes, you must terminate access to the Services.
  3. All notices required under this Agreement will be provided by email to the email address that Avodah has on record for you, by regular mail, or by posting it online. The date of sending shall be deemed the date on which such notice is given. Notices sent to Avodah must be delivered by email to support@avodah.com.
  4. Except as expressly provided, this Agreement may not be transferred or assigned. Avodah may freely transfer or assign this Agreement or any of Avodah’s obligations hereunder.
  5. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of the Agreement.
  6. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

You may request a downloadable and printable copy of this form, either now or at any point in the future.

Last Updated: May 2026