1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an organization ("you"), and Ashwal Health Communication, operating the PrepFolder brand ("we," "us," or "our"), concerning your use of PrepFolder.com, its content, tools, GIFs, templates, videos, examples, and related services (collectively, the "Site").

By accessing or using the Site, you agree to these Terms of Use and our Privacy Policy. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

2. PROFESSIONAL SERVICES

PrepFolder offers professional services that may include reviewing, rewriting, editing, organizing, and redesigning bowel preparation instructions and adapting approved content for PDF, print, web, or other communication formats.

A professional-services engagement begins only when we and the client agree to a proposal, statement of work, service agreement, or other written project terms. The applicable project agreement may address scope, deliverables, schedule, fees, payment terms, revisions, confidentiality, ownership, licenses, cancellation, and other project-specific requirements.

If a signed project agreement conflicts with these Terms regarding a professional-services engagement, the signed project agreement controls for that engagement.

3. CLIENT RESPONSIBILITIES AND CLINICAL APPROVAL

Clients are responsible for providing accurate, complete, and timely source materials, requirements, feedback, and approvals. Delays or changes in client-provided information may affect the schedule, scope, or fees for a project.

The client is solely responsible for the medical accuracy, completeness, timing, medication directions, contraindications, emergency instructions, and final clinical approval of all deliverables. We may identify possible inconsistencies or communication problems, but we do not independently prescribe a bowel preparation regimen or replace the judgment of the client's qualified healthcare professionals.

A client must review and approve final deliverables before using them with patients.

4. MEDICAL INFORMATION

The Site provides general educational and communication content and is not medical advice. Patients should follow instructions provided by their treating healthcare professionals and should not rely solely on information available through the Site.

Healthcare professionals and organizations are responsible for determining whether Site content, examples, templates, GIFs, or other resources are accurate and appropriate for their patients, procedures, medications, schedules, and workflows. PrepFolder content does not replace professional medical judgment or patient-specific care.

5. PROTECTED HEALTH INFORMATION

You must not enter, upload, email, or otherwise provide patient names, dates of birth, medical record numbers, appointment details, or other protected health information ("PHI") through the Site or to us unless we have expressly agreed in a separate written agreement to receive it.

Our ordinary website, free resources, GIF customization tools, inquiry process, and professional instruction-review services are not offered on the basis that we will receive PHI or act as your business associate under HIPAA. If a proposed engagement would require us to receive or maintain PHI, the parties must address that requirement in writing before the information is provided.

You are responsible for using, storing, and sending materials created with or obtained from the Site in accordance with HIPAA and any other privacy, security, or recordkeeping laws that apply to your organization.

6. FREE REVIEWS AND INQUIRIES

We may offer a free preliminary review, consultation, or sample feedback. Unless we expressly agree otherwise in writing, a free review is limited in scope, may not identify every issue, and does not create a professional-services engagement, fiduciary relationship, or guarantee that we will accept a project.

Free feedback is provided for evaluation and discussion. It is not a comprehensive clinical, legal, regulatory, accessibility, or compliance audit.

7. AUTOMATED PDF REVIEW TOOL

PrepFolder does not currently offer a public automated PDF upload and instruction-review tool. If we introduce such a tool, additional terms, upload requirements, limitations, and privacy disclosures may apply. Those terms will be presented before or when the tool becomes available.

8. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site, review methods, report formats, software, code, templates, illustrations, icons, diagrams, visual systems, layouts, GIFs, videos, artwork, text, and other content are owned by us or licensed to us and are protected by intellectual property laws.

The PrepFolder name and the trademarks, service marks, and logos displayed on the Site (the "Marks") are owned or controlled by us. These Terms do not grant you ownership of the Site, its content, or the Marks.

9. CLIENT MATERIALS AND PROJECT DELIVERABLES

A client retains ownership of materials it provides to us, including its existing instructions, logos, trademarks, factual information, and other client-owned content ("Client Materials"). The client grants us a limited license to use, reproduce, modify, and display Client Materials as reasonably necessary to evaluate, perform, and administer the project.

Unless a project agreement states otherwise, we retain ownership of our preexisting and reusable materials, including templates, illustrations, icons, diagrams, visual systems, software, code, methods, review criteria, and design components, together with improvements or adaptations of those materials created during a project ("PrepFolder Materials").

The ownership of and license to final project deliverables will be stated in the applicable project agreement. No license to a paid deliverable is granted until required payments are made in full.

10. FREE RESOURCE LICENSE

We may identify certain GIFs, templates, examples, downloads, or other resources as free to use. For those specifically designated resources, we grant healthcare organizations a limited, non-exclusive, non-transferable, revocable license to use them in the organization's own patient-education and patient-communication activities, subject to any additional conditions displayed with the resource.

Unless we provide written permission, the free-resource license does not permit resale, sublicensing, white-label distribution, publication as a competing library, removal of ownership notices, or distribution of source or downloadable files to unrelated third parties.

11. GIF CUSTOMIZATION AND USE

You may customize GIFs through the customization options we provide on the Site. Unless we provide written permission, you may not otherwise edit, adapt, translate, recolor, crop, remove notices from, or create derivative works from a GIF.

You may not:

  • sell, sublicense, rent, or redistribute Site content or downloads;
  • publish private download links or access links publicly;
  • copy, scrape, or reverse engineer the Site to create or support a competing product;
  • use the Site or its content in a misleading, unlawful, defamatory, or deceptive manner;
  • state or imply that we endorse your organization, services, or medical advice; or
  • circumvent access restrictions or interfere with the operation or security of the Site.

12. FEES, PAYMENTS, AND CANCELLATION

Fees, deposits, payment milestones, revision allowances, cancellation terms, and delivery schedules for professional services will be stated in the applicable proposal, statement of work, invoice, or other project agreement.

We may separately offer paid digital resources or other products. The price, license, billing terms, renewal terms, cancellation rights, and refund policy for such an offering will be displayed at checkout or in the applicable written terms.

Payments may be processed by Stripe or another third-party payment processor. We do not directly receive or store your complete payment-card number. You are responsible for providing accurate and current billing and contact information and for applicable taxes, if any.

13. SITE MANAGEMENT AND SERVICE CHANGES

We may add, modify, replace, restrict, or remove Site features, tools, GIFs, templates, videos, examples, and other content. We do not guarantee that any particular resource or feature will remain available.

14. SUSPENSION AND TERMINATION

We may restrict, suspend, or terminate access to the Site or a paid resource if you fail to pay applicable fees, misuse the Site, violate these Terms or another agreement, infringe another person's rights, or create a legal, privacy, or security risk.

15. PRIVACY POLICY

Our collection and use of personal information are described in our Privacy Policy. The Site is operated from and hosted in the United States.

16. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that material available on or through the Site infringes a copyright you own or control, please notify us using the contact information below and provide enough information for us to identify and evaluate the material.

17. MODIFICATIONS AND INTERRUPTIONS

We may change, suspend, or discontinue all or part of the Site. We cannot guarantee that the Site will always be available, secure, or error-free. To the maximum extent permitted by law, we are not responsible for losses caused solely by temporary downtime, maintenance, technical failures, or discontinuation of a Site feature.

18. DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, FREE REVIEWS, CONTENT, GIFS, TEMPLATES, TOOLS, AND OTHER RESOURCES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WARRANTIES, CORRECTION OBLIGATIONS, OR OTHER COMMITMENTS FOR A PAID PROFESSIONAL-SERVICES ENGAGEMENT, IF ANY, WILL BE STATED IN THE APPLICABLE PROJECT AGREEMENT.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SITE, FREE RESOURCES, OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR A PAID OFFERING WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE OFFERING GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you. A signed project agreement may contain additional or different limitations for that engagement.

20. INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Ashwal Health Communication and its owners, contractors, and agents from third-party claims, damages, liabilities, losses, and reasonable legal expenses arising from your misuse of the Site or its content, your violation of these Terms, your violation of another person's rights, materials you provide to us, or patient-specific instructions and communications created, approved, used, or sent by your organization.

21. GOVERNING LAW

These Terms and your use of the Site are governed by the laws of the State of California, without regard to conflict-of-law principles.

22. CHANGES TO THESE TERMS

We may update these Terms from time to time. We will post the revised Terms on this page and update the date above. When required by law, we will provide additional notice of material changes. Your continued use of the Site after revised Terms take effect constitutes acceptance of those Terms.

23. MISCELLANEOUS

These Terms and any policies or operating rules posted on the Site constitute the entire agreement between you and us concerning the Site, except that a separate signed project agreement controls the applicable professional-services engagement as described above. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later.

You agree that these Terms may be accepted electronically and that an electronic agreement has the same effect as a written agreement.

24. CONTACT US

To resolve a complaint or request information about the Site or these Terms, please contact:

Ashwal Health Communication

PO Box 48383, Los Angeles, CA 90048

gary@prepfolder.com