PRACTICING EXCELLENCE

TERMS OF SERVICE

Last Updated: September 16, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Practicing Excellence (“Company,” “we,” “us,” or “our”). By accessing or using our website at www.practicingexcellence.com (the “Site”), our mobile application (the “App”), or any services, content, coaching, or resources we provide (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must immediately discontinue use of the Services. Your continued use of any part of the Services following the posting of changes to these Terms constitutes your acceptance of those changes.

If you are accessing the Services on behalf of an “Employer,” you represent that you have the authority to bind that organization to these Terms. Employer means an organizational subscriber such as a healthcare organization, health system, hospital, medical group, or other entity that has contracted with Practicing Excellence for access to the Services on behalf of its employees, staff, or affiliated professionals.

2. Privacy Policy

Your privacy is important to us. Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy that is located on or incorporated into the Site or App. The Privacy Policy is incorporated into these Terms by reference.

By using the Services, you consent to the data practices described in the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy regarding the treatment of personal data, the Privacy Policy shall control.

If your access to the Services is provided through your Employer, please note that your Employer may have its own privacy practices that apply to information it shares with us. For privacy concerns related to information your Employer has shared, please contact your Employer directly.

3. Description of Services

Practicing Excellence provides coaching support, professional development resources, and integrated solutions designed to help healthcare professionals achieve workforce excellence. The Services include but are not limited to: (a) AI-powered adaptive coaching; (b) app-based micro-learning, including tips, short videos, practice exercises, and professional development content; and (c) access to the Site, App, and learning platform. The Company reserves the right to modify, enhance, or discontinue any aspect of the Services at any time without prior notice.

We use artificial intelligence (“AI”) technologies, including generative AI, to operate AI coach Wexl which provides adaptive coaching and personalized support. Wexl generates responses automatically based on a knowledge base and account information without human review of each interaction. While we strive to provide accurate and reliable AI technologies, you acknowledge and understand that AI technology may not be error-free. Wexl’s responses may be incomplete, inaccurate, outdated or otherwise unreliable. Wexl’s responses are provided for informational purposes only and do not amend, supersede, modify or otherwise affect these Terms or any other agreement between you and us; in the event of any conflict between any output generated by Wexl and these Terms or any such agreement, these Terms or such agreement shall control. We may retain record of your AI interactions for purposes including quality assurance, application improvement, compliance with applicable law, and enforcement of these Terms.

4. Eligibility

The Services are intended for use professionals, including physicians, nurses, advanced practice providers, and other clinicians, as well as healthcare administrators and other staff authorized by an Employer.

To use the Services, you must:

(a) Be at least eighteen (18) years of age;

(b) Have the legal capacity to enter into a binding agreement;

(d) Provide accurate and complete information during registration.

5. Account Registration and Security

Certain features of the Services require you to create an account or have an account provisioned by your Employer. You agree to:

(a) Provide accurate, current, and complete information during registration and keep your information updated;

(b) Maintain the security and confidentiality of your login credentials when applicable (username and password);

(d) Not share your credentials with any other person or allow others to access the Services using your account; and

(e) Notify Practicing Excellence immediately at members@practicingexcellence.com if you become aware of any unauthorized use of your account or any other breach of security.

The Company is not liable for any loss or damage arising from your failure to protect your account credentials.

6. Access Through Your Employer

If your access to the Services is provided through your Employer, you acknowledge and agree that:

(a) Your Employer has entered into a separate agreement with Practicing Excellence that governs the organizational use of the Services, and the terms of that agreement may impose additional obligations or restrictions;

(b) Your Employer controls provisioning and may manage, monitor, or restrict your access to the Services in accordance with its own policies;

(c) If your employment or affiliation with the Employer ends, your access to the Services may be suspended or terminated without notice by the Employer or by Practicing Excellence at the Employer’s direction;

(d) Information collected by Practicing Excellence in connection with the Services may be shared with your Employer in aggregate, de-identified form for program evaluation and improvement purposes, subject to the Privacy Policy and the Employer’s agreement with the Company; and

(e) For privacy-related concerns, data access, or deletion requests related to information your Employer has shared with us, you should contact your Employer directly.

7. User Responsibilities and Acceptable Use

You agree to use the Services solely for lawful purposes and in compliance with these Terms. You shall not:

(a) Use the Services in any manner that violates any applicable federal, state, local, or international law or regulation;

(b) Share your account credentials with any unauthorized person or access another User’s account;

(c) Submit prompts, instructions, or other inputs designed to circumvent, manipulate, disable, or otherwise interfere with Wexl’s or other AI technology’s intended operation, safeguards, or content restrictions;

(d) Use Wexl for any purpose outside its intended scope of providing professional development coaching;

(e) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying technology of the Services;

(f) Scrape, mine, or use automated tools (including bots, crawlers, or spiders) to extract data or content from the Services;

(g) Interfere with, disrupt, or attempt to compromise the integrity, security, or performance of the Services or the systems or networks connected thereto;

(h) Upload, transmit, or distribute any viruses, malware, ransomware, or other harmful or malicious code;

(i) Use the Services to harass, threaten, defame, or discriminate against any person;

(j) Impersonate or attempt to impersonate Company, any Company employee, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

(k) Reproduce, distribute, publicly display, modify, or create derivative works from any Content without prior written consent; or

(l) Disclose, share, or transmit any protected health information (PHI) or patient-identifiable information during coaching sessions, through the App or Site, or in any interaction with the Company or other Users. See Section 11 for additional obligations regarding PHI.

8. Coaching Relationship and Professional Disclaimer

The coaching, professional development, and educational services provided by Practicing Excellence are intended solely for professional development, communication skills enhancement, and personal growth in the context of workplace interactions. By using the Services, you expressly acknowledge and agree as follows:

(a) Not Medical Advice. The Services do not constitute medical advice, clinical guidance, clinical supervision, diagnosis, or treatment. Nothing provided through the Services should be interpreted as a recommendation regarding the care or treatment of any specific patient.

(b) Not Psychotherapy or Mental Health Treatment. The Services are not psychotherapy, counseling, mental health treatment, or any form of psychological or psychiatric care. If you are experiencing a mental health emergency, contact a licensed mental health professional or emergency services immediately.

(c) Not Legal Advice. The Services do not constitute legal advice, compliance advice, or human resources guidance. You should consult qualified professionals for specific legal, regulatory, or employment matters.

(d) No Professional-Client Relationship. No clinician-patient, therapist-client, attorney-client, or other professional-client relationship is created or implied by your use of the Services. The relationship between you and the Company is strictly a professional development coaching relationship.

(e) Clinical Judgment Remains Yours. You remain solely responsible for your own clinical decisions, professional judgment, and patient care at all times. The Company does not direct, supervise, or assume responsibility for any clinical or professional decision you make.

(f) No Guarantee of Results. The Company makes no representations, warranties, or guarantees regarding any specific outcome, result, or benefit from use of the Services. Professional development depends on numerous factors beyond the Company’s control, including individual effort, practice, and workplace environment.

9. Intellectual Property

9.1 Company Ownership

All content, including but not limited to coaching materials, micro-learning modules, tips, videos, courses, curricula, assessments, frameworks, tools, software, graphics, trademarks, trade names, logos, and other intellectual property (“Content”) made available through the Services is the exclusive property of Practicing Excellence or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, Practicing Excellence grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your personal professional development purposes during the period in which you have authorized access to the Services. This license does not include the right to:

(a) Reproduce, distribute, or publicly display any Content;

(b) Modify, adapt, or create derivative works from the Content;

(d) Download, copy, or store Content except as expressly enabled by the Services (e.g., offline viewing features within the App); or

(e) Remove or alter any copyright, trademark, or other proprietary notices.

9.3 Restrictions

Any use of the Content not expressly authorized by these Terms is strictly prohibited. Unauthorized use may result in immediate termination of your access and may subject you to civil and criminal liability.

9.4 Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Site or App infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.

Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.

Our designated copyright agent to receive DMCA notices is:

Practicing Excellence.com, Inc
ATTN: DMCA

11440 West Bernardo Court

Suite 300

San Diego, CA 92127

Please be aware that if you knowingly misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is the policy of Company to terminate the user accounts of repeat infringers.

10. User Content and Feedback

The Site may include forums, message boards, comment features, or similar interactive areas where users may submit content, ideas, feedback, suggestions, testimonials, reviews, comments, or other materials (“User Content”).

You are responsible for your User Content, which is non-confidential and non-proprietary. By submitting User Content, you grant us and our service providers, successors, assigns, and licensees a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use it in connection with the Site and our business, including for product improvement, marketing, and promotional purposes, without compensation or attribution. You represent that you have the necessary rights to submit it, that it does not violate third-party rights, and that it does not contain PHI or patient-identifiable information.

We may monitor, record, review, remove, or refuse User Content or Site activity at any time, for any reason, and without notice, but we are not required to do so. We may take any action we consider appropriate, including suspending or terminating access, disclosing information to third parties or law enforcement, and pursuing legal remedies.

You may not submit User Content that is unlawful, harmful, defamatory, obscene, abusive, harassing, violent, discriminatory, sexually explicit, deceptive, infringing of intellectual property rights, invasive of privacy or publicity rights, impersonating, unauthorized commercial content, or otherwise objectionable or inconsistent with these Terms or our Privacy Policy.

We are not responsible for User Content or other third-party content, which does not necessarily reflect our views, and any reliance on it is at your own risk.

Crisis Referral Protocol: If User Content indicates thoughts of self-harm, suicidal ideation, or any indication of a mental health crisis (a “Crisis Communication”), Wexl will (i) refer the user to crisis resources, including the 988 Suicide & Crisis Lifeline (call or text 988), and (ii) reiterate that the Company’s relationship with the user is strictly limited to professional development coaching and that neither the Company nor Wexl is a medical provider, health clinician, or counselor. A response to a Crisis Communication does not constitute the provision of any medical, psychological, mental health advice or treatment or any other excluded services. Any medical, mental health, or crisis-related needs must be addressed by licensed, qualified professionals.

Wexl’s crisis-detection functionality is automated and may not detect all expressions of distress. This functionality does not create any duty of care, provider-patient relationship, or counselor-client relationship between Practicing Excellence and any user. Users experiencing a mental health crisis should contact the 988 Suicide & Crisis Lifeline (call or text 988), visit their nearest emergency room, or call 911. Use of the services, including Wexl, is not a substitute for professional mental health care.

11. Protected Health Information

11.1 Prohibition on Sharing PHI

CRITICAL OBLIGATION: You must not disclose, share, or transmit any PHI as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in any interaction with Practicing Excellence and any Services.

When discussing workplace scenarios during coaching or through the Services, you must de-identify all patient information and use only hypothetical or composite examples. Under no circumstances should you share patient names, medical record numbers, dates of service, diagnoses, or any other individually identifiable health information.

11.2 HIPAA Compliance

You are solely responsible for complying with HIPAA, the Health Information Technology for Economic and Clinical Health (HITECH) Act, and all other applicable federal and state privacy laws and regulations. Practicing Excellence is not a “Covered Entity” or “Business Associate” as defined under HIPAA. The Company does not request, require, or knowingly receive PHI in the course of providing the Services.

11.3 Inadvertent Disclosure

If PHI is inadvertently disclosed to Practicing Excellence through the Services, the Company will take reasonable steps to identify and delete or destroy such information and will notify the disclosing party. However, you remain solely responsible for any unauthorized disclosure of PHI and any consequences arising therefrom.

12. Third-Party Links and Services

The Site and App may contain links to third-party websites, applications, or services that are not owned or controlled by Practicing Excellence including social media sites (e.g., LinkedIn). We are not responsible for the content, privacy practices, or terms of use of any third-party sites or services.

We encourage you to review the privacy statements and terms of service of any third-party websites before providing personal information or using their services. Practicing Excellence does not endorse and shall not be liable for any damages or losses arising from your use of or reliance on third-party sites or services.

13. Disclaimers of Warranties

THE SERVICES, CONTENT, AND ALL MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRACTICING EXCELLENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

(A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(B) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(D) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED; AND

(E) ANY WARRANTY REGARDING THE COMPATIBILITY OF THE SERVICES WITH YOUR DEVICES OR SOFTWARE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE ANY PARTICULAR CLINICAL, PROFESSIONAL, OR PERSONAL OUTCOME FROM USE OF THE SERVICES. ANY RELIANCE ON THE SERVICES OR CONTENT IS AT YOUR OWN RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRACTICING EXCELLENCE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, COACHES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

(A) YOUR USE OF OR INABILITY TO USE THE SERVICES;

(B) ANY CONTENT OBTAINED FROM THE SERVICES;

(D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;

(E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR

(F) ANY OTHER MATTER RELATING TO THE SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless Practicing Excellence and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) Your use of or access to the Services;

(b) Your violation of these Terms or any applicable law or regulation;

(d) Any disclosure of Protected Health Information or patient-identifiable information by you in connection with the Services;

(e) Any clinical decision, patient outcome, or professional action arising from your use of the Services; or

(f) Any User Content you submit.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with the Company.

16. Termination

Practicing Excellence may, in its sole discretion, suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to:

(a) Violation of these Terms;

(b) Disclosure or suspected disclosure of PHI through the Services;

(d) Request by your Employer to suspend or remove your access; or

(e) Termination of your employment or affiliation with your Employer.

Upon termination: (i) your license to access and use the Services immediately ceases; (ii) you must discontinue all use of the Services; and (iii) the Company may delete your account data, subject to applicable data retention requirements and the Privacy Policy.

You may also request termination of your account at any time by emailing members@practicingexcellence.com from the email address associated with your account.

The following provisions survive termination: Sections 8 (Professional Disclaimer), 9 (Intellectual Property), 10 (User Content and Feedback), 11 (PHI), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 18 (Governing Law), 19 (Dispute Resolution), and 20 (Miscellaneous).

17. Modifications to Terms

Practicing Excellence reserves the right to change, modify, or update these Terms at any time. When we make changes, we will post the updated Terms on the Site and revise the “Last Updated” date above. We may also notify you through the App or via email where practicable.

Your continued use of the Services after the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must stop using the Services before the changes take effect.

We encourage you to review these Terms periodically to stay informed of any updates.

18. Governing Law and Jurisdiction

Any Dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in San Diego, CA, and you irrevocably consent to the personal jurisdiction and venue of such courts.

19. Dispute Resolution

19.1 Dispute Meaning

“Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy related to Company or our relationship with you, including but not limited to, any and all: (i) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (ii) claims that arose before these Terms; (iii) claims that arise after the termination of these Terms; and (iv) claims that are the subject of purported class action litigation.

19.2 Good-Faith Negotiation

Before initiating any formal dispute resolution proceeding, you agree to first contact Practicing Excellence at members@practicingexcellence.com and attempt to resolve the dispute informally through good-faith negotiation for a period of at least thirty (30) days.

19.3 Tester Prohibition

You are prohibited from using our Site, App or Services if you are a “Tester.” For purposes of these Terms, a Tester is defined as an individual whose primary purpose of using, or attempting to use, the Services is to seek to identify legal violations in connection with the Services.

19.4 Time Bar

Any cause of action or claim you may have directly or indirectly arising out of or relating to these Terms, the Site, or your engagement with Practicing Excellence must be commenced within one (1) year after the claim or cause of action arises.

19.5 Class Action Waiver

YOU AND PRACTICING EXCELLENCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable organizational agreement between your Employer and Practicing Excellence, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

20.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in full force and effect.

20.3 Waiver

The failure of Practicing Excellence to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company.

20.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without the prior written consent of the Company. Practicing Excellence may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

20.5 Notices

Notices to you may be made via email to the address associated with your account or by posting on the Site or App. Notices to the Company should be sent in accordance with the contact information below.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

Practicing Excellence

Email: members@practicingexcellence.com

PRACTICING EXCELLENCE

TERMS OF SERVICE

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