The Membership Agreement is the controlling agreement for memberships, billing, renewal, accounts and licensed use of PENCIL Care Plans. Where another policy on this page conflicts with it on one of those questions, the Membership Agreement applies.
Read the Membership Agreement1Purpose
This Policy explains permitted and prohibited use of PENCIL Health website content, PENCIL Care Plans, PENCIL Framework materials, graphics, branding, and the PENCIL Health™ mark. Paid members receive only the licenses stated in the Membership Agreement. This public Policy does not expand a member’s license.
2Ownership
Unless otherwise identified, the Website, PENCIL Care Plans, PENCIL Framework materials, platform design, software, workflows, text, graphics, selection and arrangement of content, and related materials are owned by or licensed to PENCIL Health, LLC and protected by copyright, trademark, contract, and other intellectual-property laws. All rights not expressly granted are reserved.
3Public Content and Previews
Visitors may view public Website pages and examples for lawful information and evaluation. Blurred, partial, or limited previews are intended to demonstrate the structure of the PENCIL format and do not grant a right to reconstruct, copy, capture, reproduce, publish, or distribute the underlying content.
4Member Licensing
A current paid member may use PENCIL Care Plans only as expressly permitted by the Membership Agreement and the features of the purchased plan. Membership generally permits authorized use within the member’s own practice and distribution to the practice’s own patients in connection with care delivered by that practice. Membership does not transfer ownership.
If this Policy conflicts with the Membership Agreement regarding a member’s license, accounts, patient distribution, staff use, term, termination, or content rights, the Membership Agreement controls.
5Uses Requiring Written Permission
Written permission or a separate license is required to:
- publish, sell, sublicense, rent, syndicate, translate, adapt, or commercially redistribute content outside an active member’s permitted practice use;
- provide content or platform access to an unrelated clinic, clinician, publisher, vendor, employer, insurer, school, association, or other organization;
- include content in a product, course, book, database, electronic health record, software integration, media publication, or commercial service;
- create a derivative or competing care-plan library;
- use substantial excerpts in marketing, research, benchmarking, or public presentations; or
- use a PENCIL Health logo or brand asset beyond an accurate text reference.
6Prohibited Automated and AI Uses
Without express written permission, no person may scrape, crawl, harvest, bulk-download, data-mine, or use automated means to extract PENCIL Health content, or use content or platform output to train, fine-tune, ground, retrieve for, benchmark, evaluate, or populate an artificial intelligence system, language model, competing library, or competing product.
7PENCIL Health Trademark
PENCIL Health™ is a trademark of PENCIL Health, LLC. The ™ symbol may be used with an accurate text reference to PENCIL Health. Do not use the ® symbol unless PENCIL Health confirms that a registration has issued and provides written instructions.
Unless PENCIL Health gives written permission, you may not:
- use the PENCIL Health name, logo, mark, or confusingly similar term in a company name, product, service, domain, social-media handle, application, publication, or event;
- alter, animate, combine, recolor, distort, or create a new logo from PENCIL Health branding;
- use the mark more prominently than your own name or imply endorsement, sponsorship, certification, partnership, or affiliation;
- use the mark in a deceptive, disparaging, unlawful, or clinically misleading manner; or
- register or attempt to register a confusingly similar trademark, business name, domain, or account identifier.
8Accurate References
A truthful, non-prominent text reference identifying PENCIL Health as the source of a properly licensed care plan may be permitted when consistent with the Membership Agreement and platform output. Do not remove required copyright, attribution, version, disclaimer, or proprietary notices.
9Reporting Concerns and Requesting Permission
To request a license, brand permission, or report suspected infringement, email penciladmin@pencilhealth.com with your name, organization, intended use, materials, distribution method, territory, and duration. No permission is granted unless confirmed in writing by an authorized representative of PENCIL Health.
10Third-Party Materials and Enforcement
Third-party names, marks, or materials remain the property of their respective owners. PENCIL Health may investigate suspected misuse, preserve evidence, restrict access, request removal, terminate rights, and pursue available remedies. Failure to enforce this Policy in one instance does not waive rights in another.
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