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Medical Terms of Service

Last Updated: September 11, 2026

These Medical Terms of Service (these “ Medical Terms ”) govern your use of the medical services (“ Medical Services ”) provided by the Practices (as defined below). By accessing or using the Medical Services, you agree to these Medical Terms and understand that this is a legally binding contract between you and the Practices (as defined below) regarding your access to and use of the Medical Services. Capitalized terms not expressly defined herein are as defined in the Terms of Service. Please note that your use of Newfound Medical’s digital platform is also subject to the Newfound Medical Terms of Service and Privacy Policy.

Newfound Medical, Inc. (“ Newfound Medical ”) is affiliated with medical professional entities, including Ahmed Zaafran Medical Group, P.C. d/b/a Newfound Medical Associates (the professional entities collectively, the “ Practices ”, “ we ” or “ us ”), and the licensed providers who may provide healthcare services to you through the Practices (“ Providers ”). Newfound Medical provides management, administrative, technology services and other certain non-medical services to the Practices. The Practices provide the Medical Services and Providers.

DO NOT USE THE MEDICAL SERVICES, INCLUDING THE TELEHEALTH SERVICES, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE-THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

  1. Our Medical Services. The Medical Services provided by the Practices include outpatient cardiovascular care delivered by telehealth: evaluation of cardiac symptoms and history, diagnosis and treatment planning, ordering and interpretation of diagnostic testing (including laboratory tests and cardiac monitoring), medication management, ongoing follow-up and care coordination, and referral to in-person or specialist care where clinically appropriate. The scope of the Medical Services provided to you will be determined by your Provider based on your individual circumstances and the applicable standard of care.
  2. Consent to Treatment and Health Privacy. As a condition of receiving Medical Services, you will be required to review and execute one or more informed consent, authorization, acknowledgment, and related healthcare documents, which may include consent to treatment, diagnostic testing, telehealth services (where applicable), and other Medical Services provided by the Providers. By receiving Medical Services, you acknowledge that you have been provided with, and have executed, the applicable consent documentation required by the Practices. You may withdraw your consent to treatment at any time, subject to applicable law and professional obligations, by discontinuing your receipt of Medical Services from the Practices. Withdrawal of consent may limit or prevent the Providers’ ability to continue furnishing Medical Services.
  3. Telehealth Services Consent. You understand that the Medical Services are provided via “telehealth” since the Provider and patient are not in the same physical location. The Medical Services are provided through Newfound Medical’s platform, which includes, but is not limited to, the use of electronic communications, such as live two-way video and/or audio, synchronous and asynchronous interactions and messaging, and sharing of medical images and medical records. In some circumstances, the Provider may determine that the transmitted information is of inadequate quality, thus requiring a rescheduled appointment. Telehealth may also result in delays in medical evaluation and treatment due to deficiencies or failures of the equipment. In very rare cases, our security protocols could fail, causing a breach of privacy of personal medical information.
  4. Eligibility. By agreeing to these Medical Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you are located in a jurisdiction in which the applicable Practice is authorized to provide Medical Services; (c) you have not previously been suspended or removed from the Medical Services; and (d) your registration for and use of the Medical Services complies with all applicable laws and regulations.

    Eligibility for particular Medical Services may be subject to additional clinical, safety, operational, or legal requirements, limitations, contraindications, or exclusions. Such requirements may be described in the applicable informed consent documentation, FAQs, patient education materials, or other materials made available to you by the Practices. In addition, the Providers may determine, in their independent professional judgment, that certain Medical Services are not appropriate for you based on your medical history, health status, imaging needs, safety considerations, or other relevant factors. Not all Medical Services are available to all patients.

  5. Provider Discretion. Providers retain sole professional discretion regarding whether to provide, continue, modify, delay, or discontinue any Medical Services and whether any Medical Service is clinically appropriate for a particular patient. Payment for or scheduling of Medical Services does not guarantee that any particular Medical Service will be provided. Unless expressly requested and confirmed by the applicable Provider, the Medical Services may not include review or comparison of outside imaging studies, medical records, laboratory results, or other healthcare records.
  6. Testing Services. The Medical Services may include laboratory testing, specimen collection services, phlebotomy services, at-home collection kits, devices, and related diagnostic testing services (collectively, “ Testing Services ”). Testing Services may be performed by independent third-party laboratories, testing facilities, or service providers, and you may be required to complete separate forms from such third parties consenting to the receipt of Testing Services. Diagnostic testing has inherent limitations, and results may not identify all medical conditions, risks, abnormalities, or diseases. Depending on your results, a Provider may contact you to discuss findings, recommendations, follow-up testing, or potential treatment options.
  7. Responsibility to Provide Accurate Information. You acknowledge and agree that you are responsible for providing complete, accurate, and current information to the Providers, maintaining current contact information, timely reviewing reports, results, and other communications made available through the Medical Services, and obtaining appropriate follow-up care as recommended by your healthcare providers. Omissions or inaccuracies may affect the safety, quality, or appropriateness of the Medical Services. The Medical Services are not intended for urgent or emergency medical conditions. If you are experiencing a medical emergency, call 911 or seek immediate medical attention.
  8. Your Financial Responsibility and Assignment of Benefits.
    1. You agree to pay the Practices all applicable charges for the Medical Services and you hereby authorize the Practices to charge the payment method you provide (which may be processed by one or more third-party payment processors). The third-party services provider who manages your payment method and the third-party payment processors who process your payment may impose terms and conditions on you, which are independent of these Medical Services Terms, and you agree to comply with all of those terms.
    2. You understand and agree that any outstanding balance for Medical Services rendered by the Practices and/or Providers is your financial responsibility.
    3. You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, we may charge you a fee for a missed/late cancelled appointment.
  9. Updates to the Medical Terms and Consent to Electronic Communications.
    1. We may, from time to time, change these Medical Terms. Please check these Medical Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Medical Terms in order to continue to access and use the Medical Services. If you do not agree to the modified Medical Terms, then you should discontinue your use of the Medical Services. Except as expressly permitted in this Section 9.1, these Medical Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Medical Terms.
    2. By using the Medical Services, you agree that you may receive the following by email or by a message from a team member of Newfound Medical or the Practices: legal disclosures; these Medical Services Terms; Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services.
  10. Term and Termination.
    1. Term. These Medical Terms are effective beginning when you accept the Medical Terms or first access or use the Medical Services and end when terminated as described in Section 10.2 (Termination). These Medical Terms will also terminate automatically, without further action, upon termination of your Terms of Service account with Newfound Medical, as that account is the means through which you access and receive the Medical Services.
    2. Termination. If you violate any provision of these Medical Terms, then the Practices may terminate these Medical Terms in our sole discretion. In addition, the Practices may, in our sole discretion, terminate these Medical Terms, or suspend or terminate your access to the Medical Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate these Medical Terms at any time by contacting customer service at help@newfoundmed.com.
    3. Effect of Termination. Upon termination of these Medical Terms: (a) you will no longer be authorized to access or use the Medical Services; and (b) you must pay the Practices any unpaid amount that was due prior to termination and all payment obligations accrued prior to termination. Sections 10.3 (Effect of Termination), 11 (Disclaimers), 12 (Limitation of Liability), and 13 (Miscellaneous) will survive any termination or expiration of these Medical Terms.
  11. Disclaimers.
    1. THE MEDICAL SERVICES MAY INVOLVE SENSITIVE AND DIFFICULT DISCUSSIONS. IF AT ANY POINT YOU EXPERIENCE SIGNIFICANT DISTRESS OR HAVE THOUGHTS OF HARMING YOURSELF OR OTHERS, YOU AGREE TO NOTIFY YOUR PROVIDER SO THAT AN APPROPRIATE LEVEL OF SUPPORT CAN BE PROVIDED. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR VISIT YOUR NEAREST EMERGENCY ROOM.
    2. THE MEDICAL SERVICES ARE INTENDED FOR USE ONLY WITHIN THE STATES THAT THE PRACTICES SERVE. THE PRACTICES MAKE NO REPRESENTATION THAT THE MEDICAL SERVICES ARE APPROPRIATE ELSEWHERE, AND ANYONE WHO CHOOSES TO ACCESS OR USE THE MEDICAL SERVICES FROM OUTSIDE OF THE SERVICE STATES DOES SO SOLELY AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
    3. THE MEDICAL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE PRACTICES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE MEDICAL SERVICES.
    4. FOR CALIFORNIA PATIENTS, THE STATE OF CALIFORNIA REQUIRES THAT PHYSICIANS IN CALIFORNIA SHARE NOTICE OF THE OPEN PAYMENTS DATABASE. THE OPEN PAYMENTS DATABASE IS A FEDERAL TOOL USED TO SEARCH PAYMENTS MADE BY DRUG AND DEVICE COMPANIES TO PHYSICIANS AND TEACHING HOSPITALS. IT CAN BE FOUND AT https://openpaymentsdata.cms.gov/.
    5. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Practices do not disclaim any warranty or other right that the Practices are prohibited from disclaiming under applicable law.
  12. Limitation of Liability.
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PRACTICES OR PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE MEDICAL SERVICES OR ANY MATERIALS OR CONTENT ON THE MEDICAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY THE PRACTICES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PRACTICES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE MEDICAL SERVICES OR OTHERWISE UNDER THESE MEDICAL TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE DIRECTLY PAID TO THE PRACTICES AND THE PROVIDERS FOR ACCESS TO AND USE OF THE MEDICAL SERVICES IN THE 6 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
    3. EACH PROVISION OF THESE MEDICAL TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE MEDICAL TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE MEDICAL TERMS. THE LIMITATIONS IN THIS SECTION 12 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 12 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Practices do not disclaim any warranty or other right that the Practices are prohibited from disclaiming under applicable law.
  13. Miscellaneous.
    1. General Terms. These Medical Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Medical Terms, are the entire and exclusive understanding and agreement between you and the Practices regarding your use of the Medical Services. You may not assign or transfer these Medical Terms or your rights under these Medical Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Medical Terms and all rights granted under these Medical Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Medical Terms, or any provision of these Medical Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Medical Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Medical Terms the use of the word “including” means “including but not limited to.” If any part of these Medical Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    2. Governing Law. These Medical Terms are governed by the laws of the State of California without regard to conflict of law principles. You and the Practices submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Mateo County, California, for resolution of any lawsuit or court proceeding permitted under these Medical Terms.
    3. Privacy Policy. Please read the Newfound Medical Privacy Policy Privacy Policy (the “ Privacy Policy ”) carefully for information relating to our collection, use, storage, and disclosure of your personal information in connection with the Medical Services. The Newfound Medical Privacy Policy is incorporated by this reference into, and made a part of, these Medical Terms.
    4. Additional Terms. Your use of the Medical Services is subject to all additional terms, policies, rules, or guidelines applicable to the Medical Services or certain features of the Medical Services that we may post on or link to from the Medical Services (the “ Additional Terms ”). All Additional Terms are incorporated by this reference into, and made a part of, these Medical Terms.
    5. No Third Party Beneficiaries. These Medical Terms are for the sole benefit of the parties hereto and, in the case of the Practices, their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Medical Terms.
    6. Consent to Electronic Communications. By using the Medical Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    7. Contact Information. You may contact us by emailing us at help@newfoundmed.com.
    8. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Medical Services or to receive further information regarding use of the Medical Services.

Version 2026-09-11-r2