TERMS OF USE

Go Round Peg
Last Updated: March 17, 2026

1. Acceptance of Terms

These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“you,” “User,” or “Customer”) and Go Round Peg (the “Company,” “RoundPeg,” “we,” “us,” or “our”) governing your access to and use of all websites, applications, platforms, software, and services provided by the Company (collectively, the “Services”).

By accessing, browsing, registering for, or otherwise using the Services, you expressly acknowledge that you have read, understand, and agree to be bound by these Terms, as well as any additional terms, policies, or guidelines incorporated herein by reference, including but not limited to the Company’s Privacy Policy. If you do not agree to these Terms in their entirety, you are not authorized to access or use the Services.

2. Modification of Terms

The Company reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time. Any such changes shall become effective immediately upon posting. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for reviewing these Terms periodically.

2A. Cookies and Tracking Technologies

The Company uses cookies and similar tracking technologies to enhance user experience, analyze usage patterns, and support the functionality of the Services. Cookies are small text files placed on your device that allow the Services to recognize your browser and capture certain information.

Certain cookies are strictly necessary for the operation of the Services and do not require user consent. These may include authentication, security, and session management cookies. Other cookies may be used for analytics, performance monitoring, or marketing purposes, and may be subject to your consent where required by applicable law.

The Services may also incorporate third-party technologies that utilize cookies or similar tracking mechanisms. By using the Services, you acknowledge and agree that such third-party technologies may be deployed in connection with your use of the Services.

For more detailed information regarding the Company’s use of cookies and your choices with respect to such technologies, please refer to the Company’s Privacy Policy.

3. Description of Services

RoundPeg provides a technology platform designed to assist employers and organizations in managing employee health plans, benefits administration, communications, and related operational functions. The scope, features, and availability of the Services may change from time to time without notice. The Company makes no representation that any particular feature or functionality will remain available.

4. Eligibility and Authority

You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity and authority to enter into this agreement. If you are accessing or using the Services on behalf of an entity, you further represent and warrant that you are authorized to bind such entity to these Terms.

5. Account Registration, Credentials, and Security

Certain features of the Services require the creation of an account. You agree to provide accurate, current, and complete information during registration and to maintain and promptly update such information as necessary.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized access or use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

6. Acceptable Use and Restrictions

You agree that you will not use the Services in any manner that violates applicable law, infringes upon the rights of others, or interferes with the operation or integrity of the Services. Without limitation, you shall not attempt to gain unauthorized access to any systems or data, introduce malicious code, scrape or harvest data, reverse engineer any portion of the Services, or otherwise exploit the Services for any unintended or prohibited purpose.

The Company reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for any violation of these Terms.

6A. User-Generated Content and Data License

To the extent the Services permit you or your authorized users to submit, upload, transmit, or otherwise make available information, data, communications, or other content (collectively, “User Content”), you represent and warrant that you have all necessary rights, permissions, and authority to provide such User Content and to grant the rights described herein.

You retain ownership of your User Content; however, by submitting or providing such User Content through the Services, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, store, process, transmit, display, and otherwise utilize such User Content solely as necessary to provide, maintain, support, and improve the Services and to comply with legal obligations.

The Company does not pre-screen User Content but reserves the right, in its sole discretion, to monitor, review, remove, or disable access to any User Content that it determines violates these Terms, applicable law, or the rights of any third party.

You agree that the Company shall not be liable for any User Content, including any errors, omissions, or damages resulting from the use or reliance on such content. You further agree not to submit any User Content that is unlawful, defamatory, infringing, misleading, or otherwise objectionable.

7. Communications Consent

By using the Services, you consent to receive communications from the Company, including but not limited to administrative messages, system notifications, transactional communications, and security alerts. These communications are considered essential to the operation of the Services and your account.

8. SMS/Text Messaging Terms

8.1 Program Description

The Company offers an SMS/text messaging program (the “SMS Program”) designed to provide Users with timely communications, which may include, but are not limited to, appointment reminders, service notifications, account alerts, receipts, customer service responses, operational updates, and, where permitted by law and with your consent, promotional messages. The frequency of messages may vary depending on your interaction with the Services, account activity, and communication preferences.

8.2 User Consent and Opt-In Requirements

By voluntarily providing your mobile phone number and affirmatively opting into the SMS Program, you expressly consent to receive recurring automated text messages from or on behalf of the Company at the number provided. You acknowledge and agree that such messages may be sent using an automatic telephone dialing system or other automated technology.

You represent and warrant that you are the authorized user or subscriber of the mobile number provided and that you have the authority to grant such consent. You further acknowledge that your consent to receive SMS messages is not a condition of purchasing any goods or services from the Company. Participation in the SMS Program is limited to individuals who are at least eighteen (18) years of age.

8.3 Opt-Out Mechanism

You may opt out of the SMS Program at any time by replying “STOP” to any message received. Upon receipt of your opt-out request, the Company will send a confirmation message indicating that you have been unsubscribed. Following such confirmation, you will no longer receive SMS messages from the Company unless you subsequently re-enroll.

To rejoin the SMS Program, you may opt in again through the original enrollment method or by replying “START” where applicable.

8.4 Help and Support

For assistance with the SMS Program, you may reply “HELP” to any message or contact the Company directly at [email protected]. The Company will make commercially reasonable efforts to respond to support inquiries in a timely manner.

8.5 Message and Data Rates

Standard message and data rates may apply to all SMS messages sent or received in connection with the SMS Program. Such rates are determined by your wireless carrier and are your sole responsibility. The Company does not guarantee that messages will be delivered and is not responsible for any charges incurred.

8.6 Carrier Liability Disclaimer

Wireless carriers and service providers are not liable for delayed, undelivered, or misdirected messages. Delivery of SMS messages is subject to effective transmission by your carrier and is not guaranteed by the Company.

8.7 Recurring Messaging Disclosure

By participating in the SMS Program, you acknowledge that messages may be sent on a recurring basis and that the number of messages you receive may vary based on your account activity, service usage, and interaction with the Company.

8.8 Prohibited Content and Compliance

The Company strictly prohibits the transmission of SMS content that violates applicable laws or industry standards. SMS communications will not include phishing, smishing, or deceptive practices designed to obtain sensitive information. Additionally, the Company does not send unlawful content or non-compliant content relating to sex, hate, alcohol, firearms, or tobacco (collectively “SHAFT”) in violation of applicable federal and state regulations.

8.9 Data Protection and Use of SMS Information

All SMS opt-in data, consent records, and associated personal information are maintained in accordance with applicable privacy laws and industry standards. Such information will not be shared, sold, rented, or disclosed to third parties for marketing or promotional purposes. The Company may share such information only with trusted service providers, aggregators, or vendors strictly for the purpose of facilitating SMS delivery.

8.10 Privacy Policy

Your participation in the SMS Program is also governed by the Company’s Privacy Policy, available at:
https://goroundpeg.org/privacy-policy

9. Intellectual Property

All content, materials, software, and technology associated with the Services are the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws. No rights or licenses are granted except as expressly set forth herein.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

12. Data Security and Risk

While the Company employs commercially reasonable safeguards to protect your information, no method of transmission or storage is completely secure. You acknowledge that you provide information at your own risk.

13. Service Availability

The Company does not guarantee uninterrupted or error-free operation of the Services and shall not be liable for any downtime, interruptions, or delays.

14. Dispute Resolution; Arbitration; Waiver of Rights

14.1 Informal Resolution Requirement
Before initiating arbitration or any court proceeding permitted under these Terms, you agree to first provide written notice of the dispute to the Company at [email protected], including a reasonably detailed description of the nature of the dispute and the relief requested. The parties agree to use good-faith efforts to resolve the dispute informally for a period of at least thirty (30) days from the Company’s receipt of such notice before either party may commence arbitration or other permitted legal action.

14.2 Binding Arbitration
Except as otherwise expressly provided in this Section, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding arbitration administered by a recognized arbitration provider in accordance with its applicable rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

14.3 Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

14.4 Class Action and Representative Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, MASS ACTION, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to consolidate claims of different parties or to preside over any form of representative or class proceeding.

14.5 Limited Court Relief
Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction solely to protect its intellectual property rights, confidential information, data, systems, or other proprietary interests, including in connection with unauthorized access, misuse of the Services, or actual or threatened violations of data security obligations. Seeking such relief shall not waive the right to require arbitration of all other claims or remedies.

14.6 Limitations on Claims
To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arises, or such claim shall be permanently barred. This limitation period applies to the maximum extent permitted by applicable law and shall not apply where prohibited by law.

14.7 Fees and Costs
Each party shall bear its own attorneys’ fees, costs, and expenses in connection with any arbitration or permitted court proceeding unless otherwise required by applicable law, the applicable arbitration rules, or an award of the arbitrator. Nothing in these Terms shall prevent the Company from seeking recovery of fees and costs where authorized by law or where a claim is determined to be frivolous, vexatious, brought in bad faith, or asserted for an improper purpose.

14.8 Survival
This Section shall survive the termination, suspension, cancellation, or expiration of your relationship with the Company and your use of the Services.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, and expenses arising out of your use of the Services or violation of these Terms.

16. Termination

The Company reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to violations of these Terms.

17. Governing Law

These Terms shall be governed by the laws of the United States and the State of Utah, without regard to conflict of law principles.

18. Miscellaneous

These Terms constitute the entire agreement between you and the Company. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right shall not constitute a waiver of such right.

19. Contact Information

For all inquiries regarding these Terms:

Email: [email protected]

20. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.