Puurk Platform Terms of Use

Last updated: Feb 10, 2026 12:00 PM MST

These Terms of Use govern access to and use of the Puurk Platform. Please read carefully.

IMPORTANT: By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1. Definitions; Incorporated Agreements; Order of Precedence

1.1 Definitions

Certain capitalized terms are defined in these Terms. Additional defined terms may appear in the Puurk Provider Agreement (“Provider Agreement”) and the Puurk Client Service Agreement and Payment Terms (“Client Agreement”). If a term is not defined here, the definition in the applicable Provider Agreement or Client Agreement applies.

For clarity:

• “Platform” means Puurk’s websites, mobile applications, portals (including provider and admin portals), dashboards, and related services.
• “Provider” means a person or entity offering services through the Platform.
• “Client” means a person purchasing services from a Provider through the Platform.
• “Premium” means the administrative/service fee component associated with paying over time, as disclosed at checkout and described in the Client Agreement and Provider Agreement.
• “Premium Rate” means the percentage or ratio applied to a Client’s outstanding principal balance to calculate the Premium allocation for a payment cycle, as disclosed at origination.

1.2 Incorporated Agreements

These Terms incorporate by reference, and are supplemented by, the following (collectively, the “Platform Agreements”):

• the Puurk Privacy Policy and any platform notices, disclosures, fee schedules, and policies posted or presented within the Platform;
• for Providers: the Provider Agreement (including addenda, subscription terms, exhibits, and any HIPAA Business Associate Agreement (“BAA”) if applicable); and
• for Clients: the Client Agreement and any service-specific terms and state-required disclosures presented at checkout.

1.3 Order of Precedence

If the Platform Agreements conflict, the following order applies to the extent of the conflict and to the maximum extent permitted by law:

• Providers: (1) BAA (if applicable, and only for PHI matters), (2) Provider Agreement, (3) these Terms, (4) Platform policies/notices.
• Clients: (1) Client Agreement and checkout disclosures, (2) these Terms, (3) Platform policies/notices.

1.4 Eligibility and Authority

You represent and warrant that you are at least 18 years old (or the age of majority where you live) and have authority to enter into these Terms. If you are using the Platform on behalf of an entity, you represent you have authority to bind that entity, and “you” includes the entity.

2. Acceptance; Electronic Consent; Platform Records

2.1 Clickwrap and E-Signature

You agree that clicking “I Agree,” checking an acceptance box, electronically signing, authorizing a payment method, or using the Platform in a manner indicating assent constitutes acceptance of the Platform Agreements. Electronic signatures and records satisfy any legal requirement that a contract be in writing or signed.

2.2 Audit Trails and Evidence

You consent to Puurk’s creation and retention of audit trails (including timestamps, device/session identifiers, IP address logs, clickwrap logs, and payment authorization records) for enforceability, compliance, fraud prevention, and dispute resolution. These records may be used as evidence to enforce the Platform Agreements.

2.3 Electronic Notices

You consent to receive notices, disclosures, and communications electronically. Platform posting, in-app notifications, email, SMS/text, or other electronic delivery may constitute legal notice where permitted by law.

3. Platform Role; Agency; Disclaimers

3.1 Marketplace and Software Provider

Puurk provides a technology platform that helps Providers present offerings and helps Clients purchase services. Providers are independent businesses. Puurk does not perform, supervise, or control Provider services.

3.2 Payment Facilitation and Servicing Agent

Providers appoint Puurk as their authorized agent to (i) present payment options, (ii) process payments, (iii) administer installment schedules, (iv) manage Premium allocations under the Provider’s selected subscription terms, and (v) pursue payment recovery as permitted by the Platform Agreements and applicable law. Clients authorize Puurk (and its processors) to initiate the payment actions described in the Client Agreement.

3.3 Third-Party Beneficiary; Direct Enforcement

Puurk is an intended third-party beneficiary of Platform-originated service purchase terms and payment authorizations to the extent necessary to administer payment plans, collect amounts due, and enforce the Platform Agreements. Puurk may enforce these Terms, the Provider Agreement, and the Client Agreement in its own name (including for payment recovery, fee/premium recovery, and non-circumvention).

3.4 No Lending or Credit Underwriting by Puurk

Unless Puurk expressly agrees otherwise in a separate written agreement, Puurk is not a bank or lender and does not underwrite loans. Providers set service pricing and plan terms. Premium is an administrative/service fee and is not intended to be characterized as interest except as required by law.

3.5 No Professional Advice

Puurk does not provide medical, legal, accounting, or financial advice. Any platform content is informational and does not replace professional advice from Providers or other qualified professionals.

4. Accounts; Security; Access Control

4.1 Registration and Information

You must provide accurate, current, and complete information and update it promptly. You are responsible for all activity under your account.

4.2 Security and Authentication

You must protect your credentials and devices. Puurk may implement security controls (including identity verification and multi-factor authentication). Puurk may restrict or deny access based on risk signals, fraud indicators, compliance concerns, or other platform integrity considerations.

4.3 Delegated Users and Assistants (Providers)

Providers may authorize staff or contractors to access the Platform (“Provider Assistants”). Providers remain responsible for all acts and omissions of Provider Assistants.

5. Payments; Premium; Payment Plans; Modifications

5.1 Payment Methods and Recurring Authorization (Clients)

Clients must maintain at least one valid payment method on file for any amounts due. By providing a payment method, you authorize recurring debits and other payment actions described in the Client Agreement, including variable debits for catch-up amounts, fees, and accelerated balances, to the maximum extent permitted by law and payment network rules.

5.2 Multiple Attempts; Split Debits; Backup Methods

If a payment fails, you authorize Puurk to re-present the payment, attempt collection multiple times, vary timing, split the payment into multiple debits, and charge any backup payment method on file, to the maximum extent permitted by law.

5.3 Fees; Returned Payments; Chargeback Costs

You agree to pay disclosed fees and costs associated with processing, returned payments, failed authorizations, chargebacks, reversals, collections, and other ancillary fees, to the maximum extent permitted by law and network rules.

5.4 Premium and Premium Under Management

If a Client elects a payment plan, a Premium may apply. Premium and Premium Rate are disclosed at checkout or within the Platform. Puurk may administer Premium allocation and ordering rules (“premium under management”) as provided in the Provider Agreement and Client Agreement, including applying payments first to Fees and Premium and then to principal where permitted by law.

5.5 Modifications; Preservation of Premium Rate; Amended and Restated Plans

Payment schedule modifications may be requested by Clients and implemented by Puurk on the Provider’s behalf as described in the Provider Agreement and Client Agreement. The Premium Rate remains constant as a percentage or ratio of the outstanding principal balance. If the payment term, frequency, or amount changes, the revised plan is an amended and restated payment plan that replaces and supersedes the prior schedule for that Service.

5.6 Platform Ledger; Account Stated

The Platform ledger and payment history are the authoritative record of your obligations and payment activity absent manifest error. If you believe there is an error, you must notify Puurk promptly. To the maximum extent permitted by law, failure to dispute a statement or ledger entry within ten (10) calendar days after it is made available constitutes acceptance (“account stated”).

5.7 No Setoff; Pay Now, Dispute Later

To the maximum extent permitted by law, Clients may not withhold, offset, or set off amounts due based on disputes with a Provider. Service disputes must be addressed with the Provider while payment obligations continue as agreed.

6. Collections; Enforcement; Assignment

6.1 Collections and Recovery Actions

Puurk (as the Provider’s agent) may pursue lawful payment recovery actions as described in the Client Agreement and Provider Agreement, including reminders, repayment accommodations, accelerated balances, and referral to third-party servicers or collection agencies where permitted.

6.2 Assignment and Transfer of Receivables

Providers and/or Puurk may sell, assign, factor, securitize, or otherwise transfer receivables or payment plan rights as permitted by the Platform Agreements. Clients agree to pay any valid assignee after notice where required by law.

6.3 Credit Reporting and Verification

Where permitted by law, Puurk and/or Providers may verify identity and account information, and may furnish or obtain information from consumer reporting agencies for servicing, collections, and fraud prevention as permitted by the Client Agreement and applicable law.

6.4 Communications for Servicing and Collections

You consent to receiving communications for servicing and collections by email, SMS/text, phone calls (including automated and prerecorded messages), in-app messaging, and other electronic methods to the maximum extent permitted by law. You consent to call monitoring and recording where permitted by law.

7. Provider-Specific Terms

7.1 Provider Compliance, Disclosures, and Taxes

Providers are solely responsible for service performance, pricing, advertising, required disclosures (including any state-specific installment contract requirements), licensing, and tax obligations. Providers must not engage in unfair, deceptive, or abusive acts or practices.

7.2 HIPAA; PHI; BAA; Subcontractors

If Provider’s use of the Platform involves PHI, Provider agrees that the BAA in the Provider Agreement governs. Provider authorizes Puurk to use subcontractors to perform PHI-related functions provided they are bound by written agreements imposing HIPAA-required protections as described in the BAA.

7.3 Confidentiality; Non-Disclosure; Non-Circumvention; Non-Solicitation

Provider confidentiality and non-circumvention obligations are critical to Platform integrity. The Provider Agreement’s confidentiality, non-disclosure, non-circumvention, and non-solicitation provisions are incorporated by reference. Puurk may seek injunctive relief and other remedies for breach.

7.4 Provider Indemnity (Enhanced)

In addition to the general indemnity in Section 11, Providers must indemnify Puurk for any claims, investigations, audits, penalties, or liabilities arising from Provider services, Provider marketing and disclosures, Provider’s handling of PHI/PII, Provider regulatory noncompliance, or Provider disputes with Clients.

8. Acceptable Use; Intellectual Property; Feedback

8.1 Acceptable Use

You will not misuse the Platform. You may not attempt to bypass payment flows, audit trails, or security measures, and you may not use the Platform for unlawful, abusive, or fraudulent purposes.

8.2 IP Ownership; License

Puurk and its licensors own the Platform and all related intellectual property. Puurk grants a limited, revocable, non-transferable license to access and use the Platform for its intended purpose. You may not copy, reverse engineer, decompile, or create derivative works except as expressly permitted by law.

8.3 Feedback

If you provide feedback, you grant Puurk a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose without compensation.

9. Puurk Rights; Broad Discretion; Enforcement Tools

9.1 Platform Changes; Feature Availability

Puurk may modify, suspend, or discontinue features at any time, and may impose usage limits, risk controls, and eligibility rules. Puurk does not guarantee uninterrupted operation.

9.2 Risk, Fraud, and Compliance Controls

Puurk may implement fraud screening, identity verification, transaction monitoring, device fingerprinting, velocity limits, and other controls. Puurk may hold, delay, or reverse transactions to the extent permitted by payment network rules and applicable law.

9.3 Suspension, Termination, and Withholding

Puurk may suspend or terminate any account or access for violation of Platform Agreements, fraud risk, non-payment, or compliance concerns. For Providers, Puurk may withhold or offset payouts to cover chargebacks, reversals, fees, refunds, or other amounts owed to Puurk as described in the Provider Agreement.

9.4 Enforcement and Cooperation with Authorities

Puurk may investigate suspected violations and may cooperate with law enforcement or regulators where required or appropriate.

10. Third-Party Services and Payment Processors

The Platform may rely on third-party services, including payment processors, identity verification vendors, communications providers, and hosting providers. Puurk is not responsible for third-party outages or errors. Your use of third-party services may be subject to additional terms.

11. Disclaimers; Limitation of Liability; Indemnity

11.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUURK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PUURK DOES NOT WARRANT THAT THE PLATFORM WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUURK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUURK’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $50 OR (B) THE AMOUNT YOU PAID TO PUURK FOR PLATFORM FEES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

11.3 Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE PUURK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND PROCESSORS FROM CLAIMS ARISING OUT OF OR RELATING TO: (I) PROVIDER SERVICES; (II) DISPUTES BETWEEN USERS; (III) PAYMENT PROCESSOR FAILURES OR NETWORK ISSUES; OR (IV) YOUR MISUSE OF THE PLATFORM.

11.4 Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Puurk and its affiliates, officers, directors, employees, contractors, agents, licensors, and processors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your breach of the Platform Agreements;
• your violation of any law or third-party rights (including privacy, publicity, or intellectual property rights);
• your fraud, misconduct, or misuse of the Platform;
• Provider-specific: your services, pricing, disclosures, licensing, taxes, and regulatory compliance; and
• Client-specific: improper disputes/chargebacks, refusal to pay amounts due, or misuse of payment methods.

12. Dispute Resolution; Arbitration; Class Action Waiver

12.1 Binding Individual Arbitration

Except where prohibited by law, any dispute arising out of or relating to the Platform or the Platform Agreements will be resolved by binding arbitration on an individual basis. This arbitration agreement is governed by the Federal Arbitration Act and is intended to be interpreted broadly.

12.2 Class Action Waiver; Jury Waiver

To the maximum extent permitted by law, you and Puurk waive any right to participate in a class, collective, consolidated, or representative action, and waive any right to a jury trial.

12.3 Injunctive Relief; Collections

Puurk may seek injunctive or equitable relief in court to protect Confidential Information, intellectual property, Platform integrity, or to prevent fraud. Where permitted, Puurk and/or Providers may pursue lawful collection actions to recover amounts due without waiving arbitration for other disputes.

12.4 Time Limit to Bring Claims

To the maximum extent permitted by law, any claim must be brought within one (1) year after the event giving rise to the claim, or it is permanently barred.

13. Miscellaneous

13.1 Governing Law and Venue

These Terms are governed by Delaware law, without regard to conflict-of-law principles, except to the extent preempted by applicable federal law. Arbitration venue and any permitted court proceedings will occur in the county where Puurk is headquartered, unless a different venue is required by law.

13.2 Assignment

You may not assign these Terms without Puurk’s prior written consent. Puurk may assign the Platform Agreements freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

13.3 Amendments

Puurk may modify these Terms by posting updated terms in the Platform or otherwise providing notice. Continued use after the effective date constitutes acceptance to the maximum extent permitted by law.

13.4 Entire Agreement

These Terms, together with the other Platform Agreements, constitute the entire agreement between you and Puurk regarding the Platform and supersede prior or contemporaneous understandings on that subject matter.

13.5 Severability; Reformation; No Waiver

If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect. Puurk’s failure to enforce any provision is not a waiver.

13.6 Survival

Provisions relating to payments, collections, confidentiality, non-circumvention, indemnification, limitation of liability, dispute resolution, and IP survive termination.

13.7 Contact

Questions about these Terms may be submitted through the Platform or to Puurk’s legal contact address as provided within the Platform.