Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of adapeng.ai and the pages, content, forms, downloads, and features made available through the website (collectively, the “Site”). The Site is operated by Ada Consulting (“Ada,” “we,” “us,” or “our”).

By accessing or using the Site, or by affirmatively accepting these Terms when prompted, you agree to these Terms and the Privacy Policy. If you do not agree, do not use the Site or download its materials.

1. Scope and Acceptance

These Terms apply only to your use of the Site and its content. They do not govern paid consulting services. Any consulting engagement requires a separate written agreement, and that agreement controls the services covered by it.

If you use the Site on behalf of a clinic, practice, company, or other organization, you represent that you have authority to act for that organization.

2. Purpose of the Site and No Client Relationship

The Site provides information about Ada, her experience, consulting services, and educational resources. It also provides ways to contact Ada and may offer guides, worksheets, checklists, or similar materials.

Using the Site, downloading a resource, submitting a form, sending an email, or participating in an introductory call does not create a consulting, agency, fiduciary, healthcare provider, attorney-client, or other professional relationship with Ada. A consulting relationship begins only when Ada and the client sign a separate written agreement.

Site content is general business and educational information. It is not medical, legal, regulatory, financial, tax, or accounting advice.

3. No Patient or Sensitive Information

The Site and its forms are intended for business and marketing inquiries. Do not submit patient names, medical records, diagnoses, treatment information, protected health information, passwords, payment card information, government identifiers, or other sensitive information through the Site or ordinary email.

The Site is not a patient portal, emergency service, or HIPAA-regulated communication channel.

4. Intellectual Property

Unless otherwise stated, the Site and its original content are owned by Ada or used with permission. This includes text, copy, graphics, photographs, videos, guides, worksheets, presentations, logos, trademarks, service marks, and other materials (collectively, the “Content”).

The Content is protected by copyright, trademark, and other intellectual property laws. Your use of the Site or receipt of a download does not transfer ownership rights to you. Third-party names, logos, and marks remain the property of their respective owners.

5. Limited License for the Site and Downloads

Ada grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for lawful personal or internal business purposes.

You may download and use a guide or other resource for your own use or for internal use within the clinic, practice, company, or organization that requested it. You may share it internally with employees and contractors who need it for that purpose.

Without Ada’s prior written permission, you may not:

• Sell, license, sublicense, or commercially exploit the Content.
• Republish, post, upload, publicly distribute, or make a download publicly available.
• Remove copyright, trademark, attribution, or other proprietary notices.
• Modify the Content and present the modified version as Ada’s work.
• Use the Content to create or sell a competing guide, template, course, service, or other commercial product.
• Use Ada’s name, image, logo, or brand in a way that falsely suggests endorsement, affiliation, or permission.

6. Prohibited Uses

You may not use the Site to:

• Violate applicable law or another person’s rights.
• Submit false, fraudulent, unlawful, threatening, defamatory, or abusive material.
• Impersonate another person or misrepresent your identity, authority, or affiliation.
• Interfere with the Site’s security, availability, or operation, introduce malicious code, or attempt unauthorized access.
• Use automated scraping, extraction, or data-mining tools, except for standard search engine crawling that follows the Site’s published instructions.
• Use the Site or Content for unlawful, deceptive, or infringing activity.

7. Testimonials, Case Studies, and Results

The Site may include testimonials, case studies, and descriptions of results achieved for current or former clients. Performance information may be drawn from client records or third-party reporting platforms. These materials describe specific experiences under specific circumstances and do not promise or guarantee that another client will achieve the same or similar results.

Any estimate, projection, calculation, or hypothetical example will be identified as such and is provided for illustration only.

8. Third-Party Websites and Artificial Intelligence Platforms

The Site may link to third-party websites and services, including scheduling tools, social media sites, search engines, analytics providers, and artificial intelligence platforms. Those services operate independently and are governed by their own terms and privacy policies.

Ada does not control and is not responsible for third-party content, availability, security, data practices, or conduct. A link does not necessarily mean that Ada endorses or is affiliated with the third party.

The Site may provide links that open a prefilled query about Ada on an artificial intelligence or search platform. Responses are generated independently and may be incomplete or inaccurate. They are not written, approved, controlled, or guaranteed by Ada. Do not submit confidential, patient, or sensitive information to those platforms.

9. Privacy

Ada’s collection and use of personal information through the Site are described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

10. Site Availability and Disclaimer of Warranties

Ada may update, correct, suspend, restrict, or discontinue any part of the Site or Content at any time without notice.

To the maximum extent permitted by law, the Site and Content are provided “as is” and “as available.” Ada disclaims all express, implied, and statutory warranties, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, title, noninfringement, security, and freedom from harmful code.

Ada does not warrant that the Site will always be available, uninterrupted, secure, current, complete, error-free, or suitable for your particular purpose. Some jurisdictions do not permit certain warranty exclusions, so some exclusions may not apply to you.

11. Limitation of Liability

To the maximum extent permitted by law, Ada and her contractors, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, business opportunity, or anticipated savings arising from or related to the Site, Content, downloads, third-party services, or these Terms.

To the maximum extent permitted by law, Ada’s total liability for all claims arising solely from or related to the Site, Content, downloads, or these Terms will not exceed one hundred U.S. dollars ($100). This limitation does not apply to liability that cannot lawfully be excluded or limited.

Any paid consulting services are governed by the limitations, remedies, and other terms in the applicable written consulting agreement, not this Section 11.

12. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ADA AND YOU TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT ALSO WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

12.1 Informal resolution

Before starting arbitration, the party asserting a dispute must send written notice to the other party describing the dispute and the requested relief. Notices to Ada must be sent to ada@orchid.health. Ada may send notice to the most recent email address the other party provided through the Site or in correspondence with Ada. The parties will attempt in good faith to resolve the dispute for at least 30 days after the notice is received.

12.2 Agreement to arbitrate

Except for the matters described in Section 12.5, any dispute, claim, or controversy arising out of or relating to the Site, Content, downloads, or these Terms, including their breach, interpretation, or enforcement, will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA rules that apply to the dispute.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be conducted by one neutral arbitrator. Unless the parties agree otherwise or applicable AAA rules require another location, the legal place of arbitration will be New York County, New York. The hearing may occur by video, telephone, document submission, or in person, as permitted by the applicable rules and determined by the arbitrator. Judgment on the award may be entered in any court with jurisdiction.

12.3 Questions about the arbitration agreement

A court, not the arbitrator, will decide whether this arbitration agreement was formed and whether a party agreed to arbitrate. The arbitrator will decide all other disputes concerning the scope, interpretation, or enforceability of this arbitration agreement.

12.4 Individual proceedings only

Arbitration will proceed only on an individual basis. Ada and you waive any right to have a dispute heard or resolved as a class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

12.5 Exceptions

Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, misuse, or misappropriation of intellectual property or confidential information. A court may also enforce this Section 12 or enter judgment on an arbitration award.

12.6 Fees and remedies

AAA filing, administrative, and arbitrator fees will be allocated under the applicable AAA rules and applicable law. If the AAA Consumer Arbitration Rules apply, Ada will pay the fees that those rules require the business to pay. Each party will bear its own attorneys’ fees and costs unless applicable law or the arbitrator permits an award of fees or costs.

The arbitrator may award any individual remedy that would be available in court, subject to the limitations in these Terms and applicable law.

12.7 Severability of this arbitration section

If the prohibition on class, collective, consolidated, or representative proceedings is found unenforceable as to a particular claim or request for relief, that claim or request will be decided by a court after all arbitrable claims are completed. The remainder of this Section 12 will remain in effect to the maximum extent permitted by law.

12.8 Confidentiality

Except as required by law, necessary to enforce or challenge an arbitration award, or otherwise agreed by the parties, the parties will keep nonpublic arbitration filings, evidence, hearings, and awards confidential.

13. Governing Law and Court Proceedings

These Terms and any dispute arising from or relating to them are governed by the laws of the State of New York, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 12.

For any dispute that is not subject to arbitration, and for any court proceeding permitted under Section 12, the parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York. Nothing in these Terms limits any non-waivable protection that applies under applicable law.

A separate written consulting agreement may contain different governing law or dispute terms. If so, that agreement controls disputes relating to the services covered by it.

14. Changes to These Terms

Ada may update these Terms from time to time. Revised Terms will be posted on this page with a new effective date. Changes will apply prospectively and will not affect the resolution of a dispute that arose before the revised Terms were posted.

Your continued use of the Site after revised Terms are posted constitutes acceptance of the revised Terms, except where applicable law requires additional notice or affirmative acceptance. If Ada materially changes Section 12, she will provide reasonably conspicuous notice and obtain renewed acceptance when required by applicable law.

15. General Provisions

These Terms and the Privacy Policy constitute the entire agreement between you and Ada concerning use of the Site and Content, except for any separate written agreement that applies to consulting services or another specific transaction.

If any provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Ada’s failure to enforce a provision is not a waiver of the right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without Ada’s written consent. Ada may assign these Terms in connection with a reorganization, transfer, sale, or continuation of the business. Section headings are for convenience only.

16. Contact

Questions or notices concerning these Terms may be sent to:

Email: ada@orchid.healthWebsite: adapeng.ai