Stack PT

Last updated: August 1, 2026 · Version: 1

PLEASE READ THESE TERMS CAREFULLY.

These Terms contain a binding arbitration agreement and a class action waiver in Section 18, which affect how disputes between You and Stack PT are resolved. You may opt out of arbitration within 30 days as described in Section 18.9. Section 16 limits our liability to You.

These Terms of Service (the "Terms") are a binding agreement between Stack Systems Inc. dba Stack PT, a Delaware corporation ("Stack PT," "we," "us," or "our"), and you ("You" or "Your").

These Terms consist of:

the General Terms, which apply to everyone who uses the Services;
Part A — Additional Terms for Practices, which applies to You if You are a Practice or access the Services under a Practice's account; and
Part B — Additional Terms for Patients, which applies to You if You are a Patient.

Which Part applies to You. If a Practice has invited You to use the Services to receive care-related content, read the General Terms and Part B. If You are signing up on behalf of a Practice, or accessing the Services as a Practitioner or other member of a Practice's team, read the General Terms and Part A. In every case the General Terms apply to You in addition to Your Part.

By clicking to accept these Terms, or by accessing or using the Services, You agree to the General Terms and to the Part that applies to You. If You do not agree, do not access or use the Services.

General Terms

Part A — Additional Terms for Practices

Part B — Additional Terms for Patients

General Terms

1. Definitions

"Business Associate" means Stack PT, in its capacity as a business associate under HIPAA.

"Covered Entity" means the Practice, in its capacity as a covered entity under HIPAA.

"Patient" means an individual who accesses the Services to receive care-related content from a Practice. A Patient is not a Practitioner.

"Patient Content" means User Content that a Patient uploads, records, or submits to the Services.

"PHI" means protected health information as defined at 45 C.F.R. § 160.103, limited to information created, received, maintained, or transmitted by Stack PT on behalf of a Practice.

"Practice" means the entity that subscribes to or is provided access to the Services and that is the Covered Entity with respect to its Patients.

"Practice Content" means User Content authored or uploaded by a Practice or its Team Members, including exercise templates, program templates, video and other media, and the Practice's own branded content.

"Practitioner" means an individual who accesses the Services under a Practice's account to deliver or support the delivery of care.

"Responsible Party" means a parent, legal guardian, or other adult who holds or is linked to a Patient account on behalf of a Patient who is a minor.

"Services" means the Stack PT web application, mobile applications, websites (including our marketing website), and related services, in each case as we make them available from time to time.

"Subcontractor" has the meaning given at 45 C.F.R. § 160.103.

"Team Member" means a Practitioner or any other individual a Practice authorizes to access the Services under its account.

"User Content" means anything a Practice, Team Member, Patient, or Responsible Party uploads, submits to, records through, or generates using the Services, including video, audio, images, text, and clinical information.

Terms defined in the singular have the same meaning in the plural. "Including" means "including without limitation."

2. Acceptance, authority, and electronic signature

2.1 Eligibility. Any individual accepting these Terms on behalf of a Practice represents that they are at least 18 years old, or the age of majority in their place of residence if it is older. A Patient who is a minor may use the Services where the Patient's Practice has obtained the consents required by § A7.

2.2 Authority. If You accept these Terms on behalf of a Practice or other entity, You represent that You have the authority to bind that entity, and "You" refers to both You individually and that entity.

2.3 Electronic signature. You agree that clicking to accept these Terms constitutes Your electronic signature and has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA), as adopted in Colorado and elsewhere. You consent to transact with us electronically and to receive all notices, disclosures, and agreements electronically. You may withdraw that consent only by terminating Your use of the Services.

2.4 Not a competitor. You represent that You are not a competitor of Stack PT, and that You are not accessing or using the Services for the purpose of building, marketing, or supporting a product or service that competes with the Services.

3. The Services and Your license to use them

3.1 License. Subject to these Terms and Your continued compliance with them, we grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purpose.

3.2 Restrictions. You will not, and will not permit anyone else to:

(a) copy, modify, adapt, translate, or create derivative works of the Services;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Services, including for the purpose of building a competing product;

(c) rent, lease, lend, sell, sublicense, resell, or otherwise transfer access to the Services, or use the Services for the benefit of any third party or as a service bureau;

(d) remove or obscure any proprietary notice in the Services;

(e) access the Services by any means other than the interfaces we provide, or use any scraper, crawler, bot, or automated process to access or extract data from the Services;

(f) circumvent or attempt to circumvent any security or access control, or access any account, data, or area of the Services You are not authorized to access;

(g) interfere with the operation of the Services or impose an unreasonable load on our infrastructure; or

(h) use the Services in violation of any applicable law.

3.3 We may change the Services. We may add, modify, or discontinue features of the Services at any time. Where a change materially reduces functionality You rely on, we will provide notice under Section 22. Data export and return obligations on termination are set out in Part A § A15.

3.4 Your equipment and connectivity. You are responsible for the devices, software, internet access, and data plans needed to use the Services, and for any charges Your carrier or provider imposes.

4. Accounts and security

4.1 Accurate information. You will provide true, accurate, current, and complete information when creating an account and will keep it current.

4.2 Credentials. You are responsible for keeping Your credentials confidential and for all activity under Your account. Credentials are personal to the individual they are issued to and must not be shared. Notify us promptly at support@stackpt.app if You learn of any unauthorized access to or use of Your account.

5. Acceptable use

You will not use the Services to upload, store, transmit, or share anything that:

(a) is unlawful, defamatory, obscene, harassing, threatening, abusive, or invasive of another person's privacy or publicity rights;

(b) infringes or misappropriates any patent, trademark, trade secret, copyright, or other proprietary right, unless You own the right or have permission from the owner;

(d) contains personal information about a third party that You are not authorized to provide.

You will not use the Services to harass, abuse, or harm another user, to impersonate any person, or to misrepresent Your affiliation with any person or entity.

We have no obligation to monitor, screen, or edit User Content, but we may remove or disable access to any User Content at any time, including content we believe violates these Terms or applicable law.

6. User Content

6.1 Your ownership; your responsibility. As between You and Stack PT, You retain all rights You have in Your User Content. You are solely responsible for Your User Content, and You represent and warrant that You own or have all rights, licenses, consents, and permissions necessary to upload it and to grant the license in Section 6.2 — including with respect to any video, image, audio, or other media You did not create yourself.

6.2 License to us. You grant Stack PT a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works of, transmit, display, and otherwise use Your User Content in order to operate, provide, secure, and support the Services, and to develop, improve, and market our products and services. This license survives termination of Your account.

6.3 PHI is different. Notwithstanding Section 6.2, our use and disclosure of any User Content that constitutes PHI is governed by the Business Associate Agreement and by HIPAA, which control over Section 6.2 with respect to the use and disclosure of PHI. Section 6.2 operates in full on User Content that is not PHI, and on PHI only to the extent the Business Associate Agreement permits — including de-identification in accordance with 45 C.F.R. § 164.514, after which the resulting data is no longer PHI.

6.4 What we will not do with Practice Content. Our commitments regarding Practice Content, including the limits on external disclosure, are set out in Part A § A8.

6.5 We may remove content. We may delete, remove, or suspend access to User Content at any time, including after termination.

7. Feedback

If You give us suggestions, ideas, or feedback about the Services, You assign to us all right, title, and interest in that feedback, and we may use it for any purpose without obligation or compensation to You.

8. Communications

8.1 Service communications. By using the Services You agree that we may send You communications relating to Your account, security, billing, service changes, and these Terms. You may not opt out of these while You have an active account. You may opt out of marketing, survey, and research communications at any time.

8.2 Channels. We may communicate with You by email, in-product notification, mobile push notification, and SMS text message. Where the Services offer per-channel preferences, You may manage them in Your account settings.

8.3 SMS program. The following applies to text messages we send.

Program. Stack PT sends text messages relating to care-related content, reminders, scheduling, and account and security notices, on behalf of and at the direction of the Practice associated with Your account.
Message frequency. Message frequency varies based on Your activity and on the Practice's configuration.
Cost. Message and data rates may apply. We do not charge for messages; Your mobile carrier may.
Opt in. You may opt in by providing Your mobile number in the Services, by giving it to Your Practice, or through any other opt-in path we make available. Consent to receive text messages is not a condition of receiving care or of purchasing anything.
Opt out. Reply STOP to any message to stop receiving text messages. Reply START to resume. Reply HELP for help, or contact us at support@stackpt.app.
Carriers. Carriers are not liable for delayed or undelivered messages.
Privacy. Information collected through the SMS program is handled as described in our Privacy Policy. We do not share mobile numbers with third parties for their own marketing.

8.4 Email. Where a Practice uses the Services to send email to its Patients, the Practice is the sender for purposes of applicable law and § A5 applies.

9. Privacy

Our Privacy Policy describes how we collect, use, and disclose information. Where we process PHI on behalf of a Practice, we do so as a Business Associate under HIPAA and in accordance with the Business Associate Agreement.

10. Our intellectual property

The Services, and all software, content, designs, text, graphics, trademarks, service marks, and other materials we make available through them, are owned by Stack PT or our licensors and are protected by intellectual property laws. Except for the limited license in Section 3.1, these Terms grant You no right, title, or interest in the Services. We reserve all rights not expressly granted.

"Stack PT," "Stack," and our logos are our trademarks. You may not use them without our prior written permission.

11. Third-party materials and service providers

The Services may link to, integrate with, or otherwise make available websites, products, or services we do not control. We are not responsible for them, do not endorse them, and make no warranty about them. Your use of them is at Your own risk and subject to their own terms.

We may from time to time refer You to third-party service providers. We do not control them, are not responsible for their acts or omissions, and make no representation about them. You are responsible for Your own diligence.

Where You choose to connect a third-party service to the Services, § A12 applies.

12. No medical advice; clinical responsibility; emergencies

12.1 We do not provide care. Stack PT is a technology provider. We do not practice physical therapy or any other health profession, do not provide medical or clinical advice, and do not diagnose, treat, or prescribe. Any clinical content delivered through the Services — including exercises, instructions, prescriptions, dosing, schedules, and messages — originates from a Practice or its Practitioners, not from Stack PT.

12.2 Not a medical device or clinical decision support. The Services are not a medical device, a clinical decision support system, or a diagnostic tool, and are not intended to replace professional clinical judgment. The Practice and its Practitioners are solely responsible for clinical decision-making, for the appropriateness of any content prescribed to a Patient, and for screening Patients for suitability.

12.3 Not for emergencies. The Services are not an emergency service and are not monitored in real time. If You are experiencing a medical emergency, call 911 or go to the nearest emergency room. Do not use the Services to seek urgent or emergency care.

12.4 Physical activity involves risk. The Services deliver instructions for physical exercise that a Patient may perform without direct supervision. The Practice is responsible for prescribing appropriately and for instructing Patients on safe performance, including when to stop. Additional terms applicable to Patients are set out in Part B.

13. Artificial intelligence

13.1 We use AI. Some features of the Services use artificial intelligence, machine learning, or other automated processing — including to generate draft text, extract information from recordings, and produce suggestions.

13.2 No warranty on output. AI-generated output may be inaccurate, incomplete, or unsuitable. We make no representation or warranty as to the accuracy, completeness, reliability, or clinical appropriateness of any output generated by these features.

13.3 Clinical responsibility is unchanged. The Practice is solely responsible for reviewing, approving, and verifying all clinical content delivered to Patients through the Services, whether or not that content was generated with the assistance of artificial intelligence.

14. Suspension and termination

14.1 By us, for cause. We may suspend or terminate Your access to all or part of the Services immediately, with or without notice, if we reasonably believe that You have violated these Terms, that Your use creates risk or legal exposure for us or for another person, or that suspension is necessary to protect the security or integrity of the Services.

14.2 By us, for convenience. We may terminate these Terms or Your access to the Services for any reason or no reason on thirty (30) days' notice.

14.3 By You. You may terminate by closing Your account. Additional Practice-specific termination terms, including the data export window, are in § A15 and § A17.

14.4 Effect. On termination, the licenses granted to You in Section 3.1 end and You must stop using the Services. Sections that by their nature should survive will survive, including Sections 1, 6, 7, 10, 15, 16, 17, 18, 19, 23, and 24.

15. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, STACK PT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DATA WILL NOT BE LOST, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

USING THE SERVICES DOES NOT MAKE YOU COMPLIANT WITH HIPAA OR ANY OTHER LAW. You remain responsible for maintaining the administrative, physical, and technical safeguards required of You, and for Your own compliance.

Some jurisdictions do not allow certain disclaimers, so parts of this Section may not apply to You.

16. Limitation of liability

16.1 No indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STACK PT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STACK PT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID OR OWED US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED U.S. DOLLARS ($500).

16.3 The cap covers BAA claims. FOR THE AVOIDANCE OF DOUBT, SECTIONS 16.1 AND 16.2 APPLY TO ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, AND THE BUSINESS ASSOCIATE AGREEMENT, INCLUDING CLAIMS RELATING TO PHI AND TO ANY BREACH OF UNSECURED PHI.

16.4 Your obligations are not capped. Sections 16.1 and 16.2 limit our liability to You. They do not limit Your indemnification obligations under Section 17 or Part A, Your payment obligations, or Your liability for infringement or misappropriation of our intellectual property.

16.5 Essential basis. The limitations in this Section are an essential basis of the bargain between You and us and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to You.

17. Indemnification

You will defend, indemnify, and hold harmless Stack PT and our officers, directors, employees, and agents from and against any third-party claim, and any resulting loss, liability, damage, cost, or expense (including reasonable attorneys' fees), arising out of or relating to:

(a) Your breach of these Terms;

(b) Your User Content, including any claim that it infringes or misappropriates a third party's rights or violates a third party's privacy;

(d) Your negligence, fraud, or willful misconduct.

Additional indemnification obligations applicable to Practices are set out in § A18. We will notify You of any claim, and You will not settle any claim in a way that admits fault on our part or imposes any obligation on us without our written consent. We may assume the exclusive defense and control of any matter subject to indemnification, in which case You will cooperate with us.

18. Dispute resolution; arbitration; class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

18.1 Scope. "Dispute" means any dispute, claim, or controversy between You and Stack PT arising out of or relating to these Terms, the Services, or our relationship, whether based in contract, tort, statute, or otherwise.

18.2 Exceptions. This Section does not apply to: (a) a claim brought individually in small claims court that qualifies to be heard there; (b) a claim for injunctive or other equitable relief for infringement or misappropriation of intellectual property; or (c) a claim alleging sexual assault or sexual harassment, which You may elect to bring in court under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

18.3 Notice and informal resolution first. Before starting an arbitration or a small claims action, the party raising the Dispute must send the other written notice describing the Dispute and the relief sought. Notice to us goes to 3327 Broadway St., Boulder, CO 80304; notice to You goes to the email or postal address associated with Your account. The parties will then attempt in good faith to resolve the Dispute informally. Neither party may commence arbitration until thirty (30) days after notice is received. This requirement is a condition precedent to arbitration.

18.4 Agreement to arbitrate. Except as provided in Section 18.2, You and Stack PT agree that any Dispute will be resolved by final and binding individual arbitration rather than in court, and each party waives the right to a jury trial. This Section is governed by the Federal Arbitration Act.

18.5 Rules and forum. Arbitration will be administered by the American Arbitration Association ("AAA") before a single arbitrator. The applicable AAA rules are specified in the Part that applies to You — see § A19 for Practices and Part B for Patients. Arbitration will be held in Denver, Colorado, or by telephone or videoconference at the arbitrator's discretion, and will be confidential. Judgment on the award may be entered in any court of competent jurisdiction.

18.6 Class action waiver. YOU AND STACK PT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator has no authority to hear class or representative claims or to consolidate the claims of more than one person. If this Section 18.6 is found unenforceable as to any part of a Dispute, that part will be severed and proceed in court, and the remainder will proceed in arbitration.

18.7 Procedure. Discovery is limited to one set of interrogatories, one set of requests for admission, and one set of requests for production per party, unless the arbitrator finds more is necessary. The arbitrator's award must be consistent with Section 16, including the exclusions and the cap, as to the types and amounts of damages that may be awarded. The arbitrator may award declaratory or injunctive relief only in favor of the individual claimant and only to the extent necessary to remedy that claimant's individual claim.

18.9 Your right to opt out. You may opt out of this arbitration agreement within thirty (30) days after You first accept these Terms by sending written notice to 3327 Broadway St., Boulder, CO 80304, Attn: Arbitration Opt-Out, or by email to legal@stackpt.app. The notice must include Your full name, the email address associated with Your account, and a clear statement that You are opting out of arbitration. Opting out will not affect any other part of these Terms.

If You opt out, Disputes will be resolved in the state or federal courts located in Denver, Colorado, and Sections 19.6 (class action waiver) and 19.4 (jury trial waiver) will continue to apply in full.

18.10 One year to bring a claim. Any Dispute must be commenced within one (1) year after it arises, or it is permanently barred, except where a longer period is required by law.

18.11 Attorneys' fees. Each party bears its own attorneys' fees and costs, except that the arbitrator may award reasonable attorneys' fees and costs to either party where the arbitrator finds that the other party's claim or defense was frivolous or brought in bad faith, or where a statute requires or permits a fee award.

18.12 Changes to this Section. If we change this Section 18 after You accept these Terms, You may reject the change by written notice to us within thirty (30) days of its effective date. If You reject a change, You remain bound by the most recent version of this Section 18 that You did accept.

18.13 Severability and survival. If any part of this Section 18 other than Section 18.6 is found unenforceable, that part is severed and the rest remains in effect. This Section survives termination.

19. Governing law and venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. For any Dispute not subject to arbitration, the state and federal courts located in Denver, Colorado have exclusive jurisdiction and venue, and You consent to their personal jurisdiction. Either party may seek injunctive relief to protect its intellectual property in any court of competent jurisdiction.

20. Copyright and DMCA

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If You believe content on the Services infringes Your copyright, send a notice to our designated agent containing: Your physical or electronic signature; identification of the copyrighted work; identification of the allegedly infringing material and where it is located; Your address, telephone number, and email address; a statement that You have a good faith belief the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that You are the copyright owner or authorized to act on the owner's behalf.

Designated agent: Stack PT Legal, 3327 Broadway St., Boulder, CO 80304, legal@stackpt.app.

Under 17 U.S.C. § 512(f), knowingly misrepresenting that material is infringing may subject You to liability.

Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

21. Mobile applications

21.1 License. Subject to these Terms, we grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use our mobile applications on devices You own or control.

21.2 Updates. We may issue updates to our mobile applications and may install them automatically. You consent to this.

21.3 Apple. For any application obtained from the Apple App Store: these Terms are between You and Stack PT only, not Apple. Apple has no obligation to provide maintenance or support. If the application fails to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the application, including product liability claims, claims of failure to conform to legal requirements, and claims under consumer protection law. In the event of a third-party claim that the application infringes intellectual property rights, Stack PT, not Apple, is responsible. You represent that You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that You are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to Your license of the application and may enforce them against You.

21.4 Google. For any application obtained from the Google Play Store: these Terms are between You and Stack PT only, not Google. Your use must comply with the Google Play Terms of Service. Google is only the distributor, has no obligation or liability to You in connection with the application, and is a third-party beneficiary of these Terms as they relate to the application.

22. Changes to these Terms

We may change these Terms. For changes that materially affect Your rights or obligations, we will provide at least thirty (30) days' notice by email or in-product notice before they take effect, and — where the change affects You — we may require You to accept the updated Terms before continuing to use the Services. If You do not agree to a change, Your remedy is to stop using the Services and terminate Your account before the change takes effect. Other changes take effect when we post them and update the "Last updated" date.

23. Order of precedence

If there is a conflict between documents, the following order controls, from highest to lowest:

the Business Associate Agreement, but only with respect to the use and disclosure of PHI;
any written agreement signed by both parties that expressly amends these Terms;
the Part that applies to You (Part A or Part B);
these General Terms;
any product-specific or integration-specific terms You accept; and
the Privacy Policy.

24. General provisions

24.1 Assignment. You may not assign or transfer these Terms or Your account without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

24.2 Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor disturbance, epidemic, governmental action, internet or utility failure, or the failure of a third-party hosting, network, or infrastructure provider.

24.3 No third-party beneficiaries. Except as expressly stated in Sections 21.3 and 21.4, these Terms create no third-party beneficiary rights. A Patient has no rights under Part A, and a Practice has no rights under Part B.

24.4 Independent contractors. The parties are independent contractors. These Terms create no partnership, joint venture, agency, franchise, or employment relationship.

24.5 Notices. We may give You notice by email to the address associated with Your account, by in-product notification, or by posting on the Services. You must send notices to us at 3327 Broadway St., Boulder, CO 80304 or legal@stackpt.app, except where Section 19.3 requires otherwise.

24.6 Publicity. We may identify You as a customer and use Your name and logo in our customer lists, website, and marketing materials. You may opt out at any time by writing to legal@stackpt.app.

24.7 Waiver and severability. A failure to enforce any provision is not a waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect.

24.8 Entire agreement. These Terms, together with the documents listed in Section 23, are the entire agreement between You and us regarding the Services and supersede all prior or contemporaneous understandings.

24.9 Headings. Headings and the table of contents are for convenience only and do not affect interpretation.

Part A — Additional Terms for Practices

Part A applies to You if You are a Practice, or if You access the Services as a Practitioner or other Team Member under a Practice's account. The General Terms apply to You in addition to Part A.

A1. Business Associate Agreement

A1.1 Auto-execution. You are a Covered Entity and we are Your Business Associate with respect to PHI we create, receive, maintain, or transmit on Your behalf. Our Business Associate Agreement (the "BAA") is incorporated into these Terms by reference and is made and entered into automatically when You accept these Terms and Your account is created. No separate signature or countersignature is required. Your acceptance of these Terms constitutes execution of the BAA under E-SIGN and UETA (Section 2.3).

A1.2 Who may accept. The BAA binds the Practice as a legal entity. Only an owner or another individual with authority to bind the Practice may accept it. You represent that the individual accepting these Terms on the Practice's behalf has that authority.

A1.3 Precedence. The BAA controls over these Terms with respect to the use and disclosure of PHI, and only in that respect. Section 16 (Limitation of liability) applies to claims arising under the BAA — see Section 16.3.

A2. Team Members

A2.1 Your responsibility. You are responsible for all activity under Your account, including the acts and omissions of Your Team Members, as if they were Your own. You will ensure that every Team Member accepts these Terms before accessing the Services, and You and Your Team Members are jointly and severally responsible for compliance with them.

A2.2 Access management. You will promptly revoke a Team Member's access when they leave Your practice, when they no longer hold a required license or credential, or when You know or suspect they have violated these Terms.

A2.3 Individual accounts. Each Team Member must have their own credentials. Shared credentials are prohibited.

A3. Licensure and scope of practice

A3.1 Your representation. You represent and warrant that You and each Practitioner accessing the Services hold all licenses, registrations, certifications, and credentials required to deliver care in each jurisdiction where care is delivered and where the Patient is located at the time of delivery, and that all care delivered through the Services is within the scope of those licenses.

A3.2 We do not verify. Stack PT does not verify, credential, screen, or otherwise confirm the licensure, qualifications, or credentials of any Practice or Practitioner, and assumes no duty to do so. You are solely responsible for the accuracy of any professional information You provide.

A4. Your Patients

A4.1 Invitations. You are responsible for every Patient You invite to the Services. You represent that You have a treatment relationship with each Patient You invite and that You are authorized to invite them.

A4.2 Patients accept Part B. Patients access the Services under the General Terms and Part B. You will not represent to a Patient that Stack PT provides care or is responsible for care.

A4.3 Access ends with Your agreement. When these Terms terminate, Your Patients' access to the Services terminates. We will notify affected Patients and direct them to You. You remain responsible for their records and for continuity of care.

A5.1 Your representation. For every phone number, email address, and other contact point You enter into or upload to the Services, You represent and warrant that You have obtained all consents required by applicable law — including, for text messages, prior express written consent under the Telephone Consumer Protection Act ("TCPA") and its implementing regulations, for the categories of messages that will be sent — and that the consent remains valid.

A5.2 Opt-outs. You will promptly record in the Services any opt-out or revocation of consent You receive outside the Services, and You will not re-enter a contact point after an opt-out.

A5.3 Content. You are responsible for the content of every message sent to Your Patients through the Services at Your direction or configuration, including its compliance with the TCPA, CAN-SPAM, and applicable state law.

A5.4 Our right to suspend. We may suspend or disable messaging for Your account at any time, with or without notice, if we believe messaging is being sent without valid consent or in violation of law or carrier requirements.

A5.5 Indemnity. You will defend and indemnify us against any claim arising from a contact point You supplied or a message sent at Your direction, including claims under the TCPA and CAN-SPAM. This obligation is not subject to the limitation of liability in Section 16 — see Section 16.4.

A6. Recording and AI-assisted documentation

A6.1 Consent to record. Where the Services allow You to make an audio, video, or photographic recording — including filming a Patient performing an exercise, recording a session or consultation, and any recording used to generate documentation — You are solely responsible for obtaining every consent required by law from every person recorded, before recording begins. Some states require the consent of all persons recorded, and some apply that requirement to video and photography of a person in a private place separately from audio. We do not obtain these consents and cannot obtain them on Your behalf.

A6.2 Indemnity. You will defend and indemnify us against any claim arising from a recording made through the Services, including claims under federal or state wiretapping, eavesdropping, and recording-consent laws. This obligation is not subject to Section 16 — see Section 16.4.

A6.3 AI output. Section 13 applies. You are solely responsible for reviewing and approving clinical content before it is delivered to a Patient.

A7. Minors

You are responsible for identifying Patients who are minors. Before inviting a minor to the Services, You will obtain the consent of the minor's parent or legal guardian to the minor's use of the Services and to the collection of the minor's information, unless applicable law permits You to provide care or services to that minor without such consent. You represent that You have obtained every consent and authorization required.

A8. Practice Content

A8.1 License. Section 6.2 applies to Practice Content, subject to this Section.

A8.2 What we will not do. We will not disclose or make available to any other Practice or to any third party:

(a) Your video, audio, images, or other media;

(b) Your program templates as structures — the specific sequence, grouping, dosing, and progression You author;

(d) any identification of You as the source of any content, exercise, or recommendation.

A8.3 What we may do. Nothing in Section A8.2 limits our right to use Practice Content internally, including for analytics, quality, product development, and training machine learning models, or to derive and use aggregate or statistical insights. Generic instructional language, exercise names, and dosing conventions are not Practice Content for purposes of Section A8.2.

A8.4 Enforcement. We maintain technical controls intended to prevent Practice Content from being reachable by another Practice.

A9. Your marks and white-labeling

Where the Services display Your name, logo, colors, or other brand elements, You grant us a non-exclusive, royalty-free license to use, reproduce, and display them in the Services and in communications we send on Your behalf, for as long as You use the Services. You represent that You own or are licensed to use those brand elements and that our display of them will not infringe any third-party right.

A10. Fees

Fees are as set out on our pricing page or in an order form You accept. Some Services may be provided at no charge, and we may begin charging for them on notice under Section 22. Fees exclude taxes, which are Your responsibility. Fees paid are non-refundable except as expressly provided in § A17.3.

A11. Payment processing and billing

A11.1 Payment processing. Where the Services allow You to accept payments from Your Patients, payment processing is provided by a third-party processor and is subject to that processor's own agreement with You, which You must accept. We are not a party to Your relationship with Your Patients regarding payment, are not a bank, money transmitter, or lender, and do not hold Your funds.

A11.2 Your responsibility. You are responsible for setting Your own fees, for the accuracy of every charge, and for resolving disputes, chargebacks, and refunds with Your Patients. You authorize us and our processor to debit amounts owed as a result of chargebacks, reversals, or processing errors.

A11.3 Superbills and coding. Where the Services generate a superbill, statement, or similar document, You are solely responsible for the accuracy of every code, description, and amount on it. We do not select, review, or verify diagnosis or procedure codes, and we make no representation that any Patient will be reimbursed by any payer.

A11.4 HSA/FSA. Whether a service is eligible for payment from a health savings or flexible spending account is determined by You and Your Patient, not by us.

A12. Integrations and connected services

A12.1 Your choice. You may connect third-party services, applications, or webhooks to Your account. Each connection is made at Your direction.

A12.2 Your representation. Before connecting any third-party service that will receive PHI, You represent that You have a business associate agreement in place with that service, or that no PHI will be transmitted to it.

A12.3 Disclosure at Your direction. Any transmission of data from the Services to a third-party service You connect is a disclosure made at Your direction. We are not the business associate of that service, we do not control it, and we are not responsible for its acts, omissions, security, or compliance.

A12.4 Suspension. We may disable any integration at any time.

A13. Your compliance obligations

You are responsible for Your own compliance with HIPAA and all other laws applicable to Your practice, including maintaining the administrative, physical, and technical safeguards required of a Covered Entity, providing a Notice of Privacy Practices, obtaining required patient authorizations, and retaining records for the period required by law. Using the Services does not make You compliant, and we do not provide legal or compliance advice.

A14. Directory and listing information

Where You choose to be listed in any directory or discovery feature we offer, You are responsible for the accuracy and completeness of Your listing information and assume all liability arising from it, including anyone's reliance on it. You grant us a license to publish, reproduce, reformat, and distribute Your listing information in connection with the Services and our marketing. We may edit or remove any listing at any time. You may opt out of listing in Your account settings.

A15. Your data

A15.1 Ownership. As between You and Stack PT, You own the clinical records and other data You and Your Patients create through the Services, subject to the license in Section 6.2 and the BAA.

A15.2 Export. We will make Your data available to You in a reasonable electronic format.

A15.3 Post-termination window. For sixty-five (65) days after these Terms terminate or expire, we will retain Your data and make it available for export. This applies regardless of the reason for termination, including termination for cause. After that period we may permanently delete it.

A15.4 Your obligation. You are solely responsible for exporting Your data and for preserving Patient records for the period required by law and by professional standards. Retention obligations for clinical records are Yours, not ours.

A16. Account ownership and transfer

You will designate an account owner. If the account owner dies, becomes incapacitated, or is no longer authorized to act for You, You will promptly notify us and identify a replacement. We may require documentation reasonably sufficient to verify authority before transferring the account owner role. You are solely responsible for arranging the transfer or disposition of Patient records in compliance with applicable law, including if You dissolve or cease operating. We recommend that You document, in advance, Your instructions for access to and transfer of Your records in the event of Your death or incapacity.

A17. Term and termination

A17.1 Term. These Terms begin when You accept them and continue until terminated.

A17.2 Termination by You. You may terminate at any time by closing Your account.

A17.3 Termination by us. We may terminate under Section 14.1 (for cause, immediately) or Section 14.2 (for convenience, on 30 days' notice). If we terminate for convenience, we will refund any prepaid fees for the unused portion of Your term. If we terminate for cause, or if You terminate, fees are non-refundable and You remain liable for amounts owed.

A17.4 Survival. § A8.2, § A15, § A16, § A18, and the surviving General Terms provisions survive termination.

A18. Your indemnification

In addition to Section 17, You will defend, indemnify, and hold harmless Stack PT and our officers, directors, employees, and agents against any claim, action, proceeding, or investigation, including one brought by a governmental or regulatory authority, and against any resulting loss, liability, damage, cost, or expense (including reasonable attorneys' fees), arising out of or relating to:

(a) the care You or Your Practitioners deliver, or fail to deliver, including any claim of malpractice, negligence, or injury;

(b) any breach of Your representations in § A3 (licensure), § A5 (consent), § A6 (recording), § A7 (minors), § A9 (marks), or § A12 (integrations), or of Your representations or obligations under the Business Associate Agreement;

(d) any act or omission of a Team Member; or

(e) any claim brought by a Patient of Yours against us relating to Your care, Your records, or Your use of the Services.

These obligations are not subject to the limitation of liability in Section 16 — see Section 16.4. This Section applies to the fullest extent permitted by applicable law.

A19. Arbitration rules for Practices

For a Dispute between Stack PT and a Practice or Team Member, the arbitration described in Section 18 will be conducted under the AAA Commercial Arbitration Rules then in effect, as modified by these Terms.

Part B — Additional Terms for Patients

Part B applies to You if Your physical therapy practice has invited You to use the Services. The General Terms apply to You in addition to Part B. Where the General Terms and Part B use the word "Practice," that means the practice that invited You.

B1. Your Practice provides your care — Stack PT does not

B1.1 We are technology, not a provider. Stack PT is the software your Practice uses to deliver your program. We are not your healthcare provider. Using the Services does not create a provider-patient relationship between You and Stack PT.

B1.2 Your program comes from your Practice. Every exercise, instruction, schedule, and message You receive through the Services was created or approved by Your Practice or its Practitioners. We do not create, review, verify, endorse, or approve any of it, and we do not make clinical decisions about your care.

B1.3 Your Practitioners are not ours. The Practitioners at your Practice are not employees or agents of Stack PT. They use the Services to communicate with You and to deliver your program.

B1.4 Release. You release Stack PT from all claims, of any kind, known or unknown, arising from the care, advice, instructions, or recommendations Your Practice or its Practitioners provide to You, or from any action or inaction You take because of them. You waive California Civil Code § 1542 and any similar law in another state, which provides that a general release does not extend to claims the releasing party does not know of at the time of the release which, if known, would have materially affected the settlement.

B2. Using your program

Follow the instructions Your Practice gives You. If an exercise causes pain, or something does not feel right, stop and contact Your Practice. Questions about your program, your symptoms, or your recovery go to Your Practice — we cannot answer them and we do not monitor the Services for them.

The Services are not an emergency service and are not monitored in real time. If you have a medical emergency, call 911 or go to the nearest emergency room.

B3. Your health record

Your Practice — not Stack PT — controls your health record. We hold your information on Your Practice's behalf as its business associate under HIPAA.

Send any request to see, get a copy of, correct, or restrict your record to Your Practice. We cannot act on those requests ourselves and we cannot change your record. Your Practice's Notice of Privacy Practices describes your rights.

B4. Your access comes from your Practice

You have access to the Services because Your Practice invited You. That access ends when your relationship with Your Practice ends, or when Your Practice stops using the Services. If that happens we will notify You and direct You to Your Practice, which remains responsible for your records and for your continuing care.

We do not match You with a different practice, and we do not provide the Services to You independently of a Practice.

B5. What you upload

B5.1 License. Section 6 of the General Terms applies to everything You upload, record, or submit through the Services.

B5.2 Other people. Do not record or upload another person without their permission. If someone helps You record an exercise, or appears in a video You upload, You are responsible for having their permission.

B5.3 Accuracy. Information You give Your Practice through the Services — including how You are progressing and what You have completed — is used to make clinical decisions about your care. Keep it accurate.

B6. Being recorded by your Practice

B6.1 Your consent. As part of your care, Your Practice may record video, audio, or photographs of You — including filming You performing an exercise so that You can refer to it later, and so that Your Practice can review your form. You consent to being recorded in this way by Your Practice through the Services, and to those recordings being stored in your health record and used by Your Practice to deliver your care.

B6.2 You can decline or withdraw. You may decline to be recorded, or ask Your Practice to stop recording, at any time — before or during a session. Tell Your Practice, not us. Withdrawing your consent does not affect recordings already made, which remain part of your health record and are controlled by Your Practice (see B3).

B6.3 What we do with recordings. We store and process recordings on Your Practice's behalf, and we may process them automatically — for example, to produce a written transcript or to draft exercise instructions for Your Practitioner to review. Section 13 of the General Terms applies.

B7. If you are a parent or guardian

If You are the parent or legal guardian of a Patient who is a minor, You are bound by these Terms and are responsible for that Patient's use of the Services, including anything they upload.

B8. Closing your account

You may stop using the Services at any time and may ask us to close your account by contacting support@stackpt.app. Closing your account does not delete your health record. That record belongs to Your Practice, which is required by law and by professional standards to retain it, and we may continue to hold it on Your Practice's behalf.

B9. Arbitration rules for Patients

For a Dispute between Stack PT and a Patient, the arbitration described in Section 18 will be conducted under the AAA Consumer Arbitration Rules then in effect, as modified by these Terms.