Terms of Service

Effective date: June 12, 2026 · Last updated: 2026-06-13

These Terms of Service (the "Terms") are a binding agreement between Willowcare LLC, a Kentucky limited liability company, 212 N. 2nd St., Ste 100, Richmond, Kentucky 40475 ("TenorMD," "we," "us"), and the organization or individual that accesses TenorMD (the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms, including the binding arbitration agreement and class-action waiver in Section 13. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Service.

1. The Service

TenorMD is software that collects structured, anonymous, multi-source feedback about healthcare providers (from peers, support staff, referring providers, and self-assessment) and presents it in aggregate to support professional development, coaching, and performance improvement. The Service is a software tool only; it does not evaluate, rate, recommend, or make decisions about any individual, and no output of the Service constitutes medical, legal, employment, credentialing, or professional advice. You are solely responsible for how you use the feedback, for any decision or action you take or do not take based on it (including any coaching, evaluation, credentialing, privileging, employment, or disciplinary decision), and for ensuring that your use complies with applicable law, professional and accreditation standards, medical-staff bylaws, collective-bargaining agreements, and your own policies and processes. You agree that Willowcare LLC has no responsibility or liability of any kind for such decisions or actions.

2. Eligibility & accounts

You must be at least 18 and able to form a binding contract. You are responsible for the accuracy of your account information, for all activity under your accounts (authorized or not), and for safeguarding credentials. The Service requires multi-factor authentication for administrators; you agree to keep your second-factor device and recovery codes secure. You are responsible for the acts and omissions of all administrators, users, and reviewers you authorize or invite, as if they were your own.

3. Acceptable use

You agree not to: (a) attempt to identify, re-identify, or de-anonymize any reviewer or response; (b) submit protected health information, patient identifiers, or other information you are not authorized to share, including in free-text fields; (c) use the Service unlawfully, or in violation of any policy, bylaw, or contractual or statutory obligation that applies to you; (d) upload malicious code, probe or breach security, scrape, reverse engineer, or place unreasonable load on the Service; (e) use the Service to harass, retaliate against, or unlawfully discriminate against any person; (f) resell, sublicense, or provide the Service to third parties except as expressly permitted; or (g) access the Service to build a competing product. We may investigate suspected violations and may suspend or terminate access in our sole discretion, with notice where practicable.

4. Your data, consents & responsibilities

As between the parties, you own the data you and your reviewers submit ("Customer Data"). You grant us a worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data to provide, secure, support, and improve the Service. You are the controller of Customer Data; we act as your processor under our Privacy Policy and any applicable data-processing addendum. You represent and warrant that you have provided all notices and obtained all consents and authorizations required to invite reviewers and to collect, use, and process the Customer Data (including any consent required for email or SMS contact under CAN-SPAM, the TCPA, and similar laws), and that your Customer Data and its use through the Service do not violate any law or right of any person. We may use data that is aggregated and/or de-identified so that it does not identify you or any individual — for example, to produce benchmarks, statistics, and product improvements — and such data is not Customer Data; our rights in it survive termination.

5. Anonymity

The Service is designed so that responses are not linked to the reviewer who submitted them, and so that reports remain locked until a configurable minimum number of responses is reached. You acknowledge that anonymity also depends on factors outside our control — including the number of reviewers you invite, the content reviewers choose to write, and your own conduct — and that we do not guarantee anonymity or non-identifiability, including where the Service is misused or where a small reviewer pool or distinctive comment content makes inference possible.

6. Plans, fees & billing

Paid plans and current prices are described on our pricing page and are billed in advance on a recurring basis through our payment processor. All fees are non-refundable except where a refund is required by applicable law, and no refunds or credits are provided for partial periods, downgrades, or unused features. Your subscription renews automatically until you cancel; you authorize recurring charges until cancellation, which takes effect at the end of the then-current billing period. You are responsible for applicable taxes. We may change prices or plans prospectively with reasonable notice; changes take effect on your next billing cycle. We may suspend or downgrade the Service for non-payment.

7. Intellectual property

We and our licensors own all right, title, and interest in the Service, including its software, design, questionnaires we supply, documentation, and content (excluding Customer Data), and all related intellectual-property rights. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, and no other rights are granted by implication or otherwise. If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.

8. Confidentiality

Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, already known, independently developed, or rightfully received from a third party, and either party may disclose information where required by law.

9. Term, termination & suspension

These Terms apply while you use the Service. You may stop using and cancel at any time. We may suspend or terminate access immediately for material breach (including suspected breach of Section 3), non-payment, security risk, or to comply with law, with notice where practicable; we are not liable for any suspension or termination in accordance with these Terms. On termination you may request export of your Customer Data within 30 days, after which we may delete Customer Data without further notice. Sections intended to survive (including 1, 4, 5, 7, 8, and 10–16) survive termination.

10. Disclaimers

THE SERVICE, AND ALL CONTENT, REPORTS, SCORES, THEMES, AND OTHER OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT FEEDBACK COLLECTED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, REPRESENTATIVE, OR FREE OF BIAS. THE SERVICE DOES NOT PROVIDE MEDICAL, LEGAL, EMPLOYMENT, OR PROFESSIONAL ADVICE AND IS NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT AND PROCESSES. ANY BETA OR PRE-RELEASE FEATURE IS PROVIDED WITH ALL FAULTS AND MAY BE CHANGED OR WITHDRAWN AT ANY TIME. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES (INCLUDING HOSTING, EMAIL, SMS, PAYMENT, AND IDENTITY PROVIDERS) OR FOR EVENTS OUTSIDE OUR REASONABLE CONTROL.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WILLOWCARE LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; (b) WE WILL HAVE NO LIABILITY ARISING FROM ANY EMPLOYMENT, CREDENTIALING, PRIVILEGING, DISCIPLINARY, OR OTHER DECISION OR ACTION YOU TAKE, FROM THE CONTENT OF ANY REVIEWER'S RESPONSE, OR FROM ANY ACTUAL OR ATTEMPTED IDENTIFICATION OF A REVIEWER; AND (c) OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, FROM ALL CLAIMS AND CAUSES OF ACTION COMBINED, WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US $100 IF YOU HAVE PAID NOTHING. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case liability is limited to the greatest extent permitted.

12. Indemnification

You will defend, indemnify, and hold harmless Willowcare LLC and its members, managers, officers, employees, and agents from and against all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data or any reviewer's submission; (b) your use of the Service or of any feedback obtained through it, including any employment, credentialing, privileging, or disciplinary decision or action; (c) your failure to provide required notices or obtain required consents (including for email or SMS contact); (d) your violation of law or of the rights of any person; or (e) your breach of these Terms — except to the extent a claim is finally determined to have been caused by our gross negligence or willful misconduct. We may assume the defense of any matter subject to indemnification at your expense, and you will not settle any such claim without our prior written consent.

13. Binding arbitration & class-action waiver

Please read this section carefully — it affects your legal rights. Any dispute, claim, or controversy arising out of or relating to the Service or these Terms that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The seat of arbitration is Madison County, Kentucky; hearings may be conducted remotely. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this agreement to arbitrate. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. Exceptions: either party may (i) bring an individual claim in small-claims court, or (ii) seek injunctive or other equitable relief in court to protect its intellectual property or confidential information. Claims period: to the extent permitted by law, any claim must be filed within one (1) year after it accrues, or it is permanently barred. Opt-out: you may opt out of this arbitration agreement by written notice to the address in Section 16 within 30 days of first accepting these Terms; opting out does not affect any other provision, including the class-action waiver to the extent enforceable outside arbitration.

14. Governing law & venue

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration under Section 13, the parties irrevocably consent to the exclusive jurisdiction and venue of the Madison Circuit Court, Madison County, Kentucky, and the United States District Court for the Eastern District of Kentucky, and waive any objection based on personal jurisdiction, venue, or inconvenient forum.

15. Changes to the Service & these Terms

We may modify, suspend, or discontinue the Service or any feature at any time. We may revise these Terms; for material changes we will provide notice (for example, by email or in-product) and update the effective date. Your continued use after changes take effect constitutes acceptance of the revised Terms; if you do not agree, your sole remedy is to stop using the Service and cancel.

16. Miscellaneous

These Terms, with the Privacy Policy and any order or DPA, are the entire agreement and supersede all prior or contemporaneous agreements and understandings on this subject; no terms in any purchase order or similar document apply. If a provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect. You may not assign these Terms without our prior written consent, and any attempted assignment is void; we may assign freely, including in connection with a merger, acquisition, or sale of assets. No waiver is implied by any failure or delay in enforcement. Neither party is liable for delay or failure caused by events beyond its reasonable control (including outages of third-party infrastructure). There are no third-party beneficiaries. You will comply with applicable export and sanctions laws. Notices to us must be sent to Willowcare LLC, 212 N. 2nd St., Ste 100, Richmond, KY 40475 or [email protected]; we may give notice by email to your account address or in-product.

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Privacy Policy

Effective date: June 12, 2026 · Last updated: 2026-06-13

Willowcare LLC, 212 N. 2nd St., Ste 100, Richmond, KY 40475, operates TenorMD, software for anonymous, multi-source provider feedback. This policy explains what we collect, how we use it, and the choices you have. For data you and your reviewers submit through the Service ("Customer Data"), your organization is the data controller and Willowcare LLC acts as a processor under your instructions and any applicable data-processing addendum (DPA). This policy is incorporated into, and subject to, our Terms of Service, including its limitation of liability and dispute-resolution provisions.

1. Information we collect

• Account data — administrator names, email addresses, hashed passwords, role, and two-factor authentication settings.
• Program data — provider names/titles, questionnaires, review periods, coaching notes, and the email addresses or phone numbers you enter to invite reviewers.
• Responses — reviewers' band selections and free-text comments, stored without any stored link to the reviewer or to the invitation that produced them.
• Billing data — plan and subscription status, and customer/subscription identifiers. Card details are handled by our payment processor (Stripe); we do not store full card numbers.
• Contact & support data — information you submit through our contact form or support channels (name, email, organization, message).
• Technical & usage data — IP address, device/browser information, log and diagnostic data, and a single first-party session cookie used to keep you signed in.

2. How we use information

We use information to provide, secure, operate, and improve the Service; to authenticate users and prevent fraud and abuse; to deliver invitations and account emails (and SMS where enabled); to process payments; to respond to inquiries and provide support; to enforce our Terms and protect our legal rights; and to comply with law. We may create and use aggregated and/or de-identified data (data that does not identify you or any individual) for any lawful purpose, including benchmarks, statistics, and product improvement; such data is not personal information and our rights in it survive termination. We do not sell personal information, and we do not use Customer Data to train third-party advertising or unrelated machine-learning models.

3. How anonymity is protected

A submitted response is never associated with the invitation used to access the survey; the invitation is only marked "used" in a separate operation. Reports and exports show only aggregates and unattributed comments, and only after the organization's configured minimum number of responses is met. Anonymity also depends on factors outside our control (such as reviewer-pool size and what reviewers choose to write), and we do not guarantee non-identifiability.

4. Cookies

We use a single essential, first-party cookie to maintain your authenticated session. We do not use third-party advertising or cross-site tracking cookies.

5. Email & SMS

Invitation and account emails are transactional. Where you use SMS invitations, your organization is solely responsible for obtaining recipient consent; messages include opt-out instructions (reply STOP), consistent with applicable law (including CAN-SPAM and the TCPA in the United States). You must not use the Service to send messages to people who have not consented.

6. When we disclose information

We disclose personal information only: (a) to the subprocessors below, to operate the Service; (b) to comply with law, regulation, legal process, or a governmental request, or to establish or protect our legal rights; (c) to prevent fraud, abuse, or harm to any person or to the security of the Service; (d) in connection with a merger, acquisition, financing, reorganization, or sale of assets, in which case this policy will continue to apply to the transferred information; or (e) at the controller organization's instruction. We do not sell or rent personal information.

7. Subprocessors

We use a limited set of vendors to operate the Service. Each is bound by terms requiring appropriate security and limiting use to providing services to us. The current list:

Subprocessor	Purpose	Region
Render	Application hosting & database	United States
Cloudflare	DNS, CDN, TLS, and object storage for backups	United States / global edge
Postmark	Transactional email delivery	United States
Stripe	Subscription billing & payments	United States
Twilio	SMS delivery (where SMS invitations are enabled)	United States

We may update this list from time to time; the version posted here is current. A DPA is available to customers on request.

8. Healthcare data (HIPAA)

The Service is designed to collect feedback about providers, not information about identifiable patients, and instructs reviewers not to include patient identifiers. Willowcare LLC is not a HIPAA covered entity, does not intend to act as a Business Associate, and the Service is not intended or authorized to create, receive, maintain, or transmit Protected Health Information. You must not submit PHI through the Service; if your intended use would involve PHI, do not use the Service for that purpose unless we have signed a separate written agreement expressly permitting it. You are solely responsible for any PHI submitted in violation of this section.

9. Security

We use industry-standard safeguards, including encryption in transit (TLS), encryption of backups at rest, hashed passwords, mandatory administrator two-factor authentication, role-based access controls, tenant isolation, and continuous database backups. No method of transmission or storage is completely secure, and we do not warrant or guarantee security. You are responsible for safeguarding credentials and for the security of your own systems and networks.

10. Data retention

We retain Customer Data while your organization uses the Service and for up to 30 days after termination to allow recovery and export, unless you request earlier deletion, after which it is deleted from production systems. Backups are rotated on an approximately 7-day cycle, after which deleted data ages out of backups. We may retain limited records as needed for legal, tax, billing-dispute, audit, and security purposes, and may retain aggregated/de-identified data indefinitely.

11. Data location & international transfers

The Service is hosted in the United States and intended for use by U.S. organizations. If you access it from outside the U.S., you do so on your own initiative and understand your information will be transferred to and processed in the U.S., which may have different data-protection rules than your jurisdiction.

12. Your rights & choices

Organizations may access, export, correct, or request deletion of their data through the Service or by contacting us. Depending on where you live (for example, under the California Consumer Privacy Act or the GDPR), you may have rights to access, delete, correct, or port personal information, and to be free from discrimination for exercising them. We do not sell or "share" personal information for cross-context behavioral advertising. To exercise a right, contact [email protected]; we may need to verify your identity. For Customer Data, we will direct requests to the relevant organization (the controller), which is responsible for responding.

13. Children

The Service is intended for healthcare organizations and is not directed to children under 18. We do not knowingly collect personal information from children; if you believe a child has provided personal information, contact us and we will delete it.

14. Breach notification

If we become aware of a security incident affecting personal information, we will notify affected customers without undue delay as required by applicable law and will reasonably cooperate in the controller's own notification obligations. Notification will not be construed as an admission of fault or liability.

15. Changes to this policy

We may update this policy; we will post the new version with an updated effective date and, for material changes, provide additional notice. Your continued use after changes take effect constitutes acceptance.

16. Contact

Willowcare LLC · TenorMD
212 N. 2nd St., Ste 100, Richmond, KY 40475
Privacy requests: [email protected] · General: [email protected]

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