ChartSafe — Terms of Service

Provider: SafeFlash LLC ("SafeFlash," "we," "us," "our") Product: ChartSafe ("the Service," "the App") Effective date: June 19, 2026 Version: 1.0

1. Agreement

These Terms of Service ("Terms") are a binding agreement between SafeFlash LLC and the dental or medical practice, organization, or individual that registers for or uses ChartSafe ("Customer," "you"). By creating an account, accepting these Terms in the App, or using the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you are authorized to bind that organization.

If you do not agree, do not use the Service.

2. What ChartSafe is — and what it is not

ChartSafe is a software documentation tool for recording and managing anesthesia and sedation records. It is a blank tool: your data and your branding come only from your own account.

ChartSafe is not: - a substitute for professional clinical judgment; - a clinical decision-support system, a diagnostic tool, or a treatment recommendation engine; - a medical device that controls, drives, or alters any monitor, ventilator, or other equipment; - a complete compliance, billing, scheduling, or practice-management solution; - a system that guarantees any clinical, regulatory, or business outcome.

You remain solely responsible for all clinical decisions, the accuracy of the information you enter, and your own compliance with all laws and professional standards that apply to your practice.

3. License to use the Service

Subject to these Terms, SafeFlash grants you a limited, non-exclusive, non-transferable, revocable license to access and use ChartSafe for your internal practice operations during your subscription term. Detailed license terms are in the End User License Agreement (EULA), which is part of this agreement.

4. Your responsibilities (the shared-responsibility model)

SafeFlash is responsible for the security and operation of the platform. You are responsible for how you use it. Specifically, you are responsible for:

• keeping login credentials, devices, and access codes confidential and limiting access to authorized members of your workforce;
• the accuracy, completeness, and legality of all information you enter;
• where and to whom you send, export, print, or transmit any record (including PDFs and emails) — data you choose to send outside the Service is outside our control;
• your own compliance with HIPAA, state law, professional licensing requirements, and your own internal security policies and workforce training;
• promptly removing access for staff who leave or change roles;
• maintaining your own backups of any records you consider critical.

Example of the line: if a member of your staff emails a patient record to the wrong recipient, that is your responsibility, not SafeFlash's. SafeFlash remains responsible for securing the platform itself.

5. Protected Health Information (PHI) and HIPAA

ChartSafe may be used to store information that qualifies as Protected Health Information under HIPAA. For that use, you are the Covered Entity and SafeFlash is a Business Associate. The handling of PHI is governed by a separate Business Associate Agreement (BAA) between you and SafeFlash, which controls over these Terms with respect to PHI. You should not enter PHI into the Service until a BAA is in place.

6. Acceptable use

You agree not to: - use the Service in violation of any law or third-party right; - share, resell, sublicense, or provide access to anyone outside your authorized workforce; - reverse engineer, decompile, or attempt to extract source code, except as permitted by law; - upload malicious code or attempt to disrupt, probe, or gain unauthorized access to the Service; - use the Service to store data you are not legally permitted to store.

7. Service availability

SafeFlash provides the Service on a commercially reasonable, best-effort basis and does not guarantee uninterrupted or error-free operation. Updates, maintenance, and deployments may cause downtime. Unless a separate written service-level agreement says otherwise, no uptime guarantee applies.

8. Fees and subscription

Access is provided under the subscription plan agreed with SafeFlash. Fees, billing cycle, and renewal terms are as stated at sign-up or in a separate order.

9. Intellectual property

SafeFlash owns all rights in ChartSafe, including the software, design, and trademarks. You own the data you enter ("Customer Data"). You grant SafeFlash only the limited rights needed to host, process, secure, back up, and support the Service for you.

10. Termination

Either party may terminate as stated in your subscription or order, or for material breach not cured within 30 days of notice. On termination, your license ends. SafeFlash will make Customer Data available for export for 30 days after termination, then may delete it in the ordinary course, subject to the BAA and applicable law.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFEFLASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SAFEFLASH DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR BE AVAILABLE AT ANY PARTICULAR TIME.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFEFLASH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. SAFEFLASH'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO SAFEFLASH IN THE twelve (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. This section does not limit liability that cannot be limited under applicable law (including a party's obligations under the BAA where required by HIPAA).

13. Indemnification

You will indemnify and hold SafeFlash harmless from claims arising out of your use of the Service in violation of these Terms or applicable law, including your handling, transmission, or disclosure of Customer Data outside the Service.

14. Changes to these Terms

SafeFlash may update these Terms. For material changes, we will provide notice (in-app or by email) and, where required, ask you to re-accept. Continued use after the effective date of an update means you accept it.

15. Governing law

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in the State of New Mexico, and the parties consent to the personal jurisdiction of those courts.

16. Contact

SafeFlash LLC 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA Bryan@chartsafe.app