Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the HealthMarkers.ai platform, website, and related services (collectively, the "Services") provided by HealthMarkers.ai Inc. ("HealthMarkers," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

2. Description of Services

HealthMarkers.ai is a healthcare technology platform that enables physician practices to upload laboratory results, generate AI-powered health insights and lifestyle recommendations, and deliver a premium, practice-branded health experience to their patients. Our Services include AI-generated health analysis, patient dashboards, wearable data integration, longitudinal health tracking, and related tools.

3. Not Medical Advice

All AI-generated insights and recommendations are produced as drafts for physician review. These drafts are not clinical recommendations until a licensed physician has reviewed, edited, and approved them. Patients should not act on any information provided through our platform without first consulting their physician.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on HealthMarkers.ai.

4. User Accounts

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

Physician accounts require valid medical licensure in the state(s) where they practice. We reserve the right to verify credentials and suspend accounts where licensure cannot be confirmed.

5. Physician-Specific Terms

Physicians using our platform acknowledge and agree that:

• You maintain the sole doctor-patient relationship with your patients
• You are responsible for reviewing, editing, and approving all AI-generated content before it is visible to patients
• You maintain appropriate malpractice insurance covering your use of health technology platforms
• You will execute a Business Associate Agreement (BAA) prior to uploading any patient data
• You comply with all applicable federal, state, and local laws regarding the practice of medicine
• HealthMarkers.ai does not practice medicine on your behalf or on behalf of your patients

6. Patient-Specific Terms

Patients using our platform acknowledge and agree that:

• You access HealthMarkers.ai through your physician's practice
• All insights and recommendations are reviewed and approved by your physician
• Our platform is a supplement to — not a replacement for — your physician's care
• You should consult your physician before making any changes to your diet, exercise, supplement, or medication regimen
• Lab results and health data you upload or authorize become part of the platform record accessible to your physician

7. Billing & Payments

Practice subscriptions are billed monthly. You may cancel at any time; cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

Patient Direct memberships are billed annually. If you cancel within 30 days and have not completed lab testing, you are eligible for a full refund. After testing or after 30 days, no refunds are provided.

We reserve the right to change pricing with 30 days' advance notice. Price changes do not affect current billing periods.

8. Intellectual Property

The HealthMarkers.ai platform, including its software, design, branding, AI models, and documentation, is owned by HealthMarkers.ai Inc. and protected by applicable intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Services for their intended purpose.

Health data you upload remains your property (or your patient's property, in the case of physician accounts). You grant us a limited license to process this data solely for the purpose of providing our Services.

9. Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable regulations
• Upload data for individuals who have not consented to its use on the platform
• Attempt to reverse-engineer, decompile, or extract our AI models or algorithms
• Resell, sublicense, or redistribute access to the Services
• Use the Services to discriminate against individuals or deny coverage or services
• Introduce malicious code or interfere with the operation of the platform
• Misrepresent AI-generated content as original clinical analysis without physician review

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHMARKERS.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

HealthMarkers.ai does not warrant that AI-generated insights will be error-free, complete, or suitable for any particular medical purpose. All clinical decisions rest with the licensed physician.

11. Termination

We may suspend or terminate your account if you violate these Terms, fail to pay applicable fees, or if continued access poses a risk to the security or integrity of our platform. Upon termination, you may request an export of your data within 30 days. After 30 days, data may be deleted in accordance with our retention policies.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association, except where injunctive relief is necessary.

13. Contact

For questions about these Terms, contact us at:

HealthMarkers.ai Inc.
Email: legal@healthmarkers.ai