Terms of Service

Last Updated: [DATE]

Welcome to Available Health. These Terms of Service ("Terms") govern your use of the Available Health application (the "App") and related services provided by Available Health, Inc. ("we," "us," or "our").

By downloading, installing, or using Available Health, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Eligibility

You must be at least 18 years old to use Available Health. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Important Medical Disclaimer

AVAILABLE HEALTH IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The information provided by Available Health, including any AI-generated responses, is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read or received through Available Health.

Available Health is not a replacement for a licensed medical clinician. If you think you may have a medical emergency, call your doctor or emergency services immediately.

AI-generated responses may contain errors, inaccuracies, or outdated information. You should independently verify any information before making health-related decisions.

3. Description of Service

Available Health is a personal health record application that allows you to:

  • Import and organize health records from various sources
  • Store health data locally on your Mac
  • Interact with AI models to get information about your health records

We offer both free and paid subscription plans with different features and privacy protections as described on our website.

4. Your Account

To use Available Health, you must create an account using Sign in with Apple or Sign in with Google. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

5. Your Data and Privacy

A. Health Data

Your health data is stored locally on your Mac. You retain full ownership of your health data. We do not store your health records on our servers.

B. De-identification

When you use AI features, we apply de-identification processes to remove or obscure personally identifiable information (such as names, dates of birth, addresses, and insurance identifiers) before sending data to AI providers. However, we cannot guarantee that all personal information will be successfully de-identified in every instance. By using the AI features, you acknowledge and accept this limitation.

C. Device Security

You are solely responsible for the security of your Mac and the health data stored on it.Available Health relies on your device's native security features (such as FileVault encryption, password protection, and other macOS security settings). We do not add additional encryption or security layers beyond what macOS provides.

We strongly recommend enabling FileVault and using strong passwords to protect your data.

D. Privacy Policy

Your use of Available Health is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Data Import Accuracy

Available Health uses AI to parse and structure health records from various file formats. While we strive for accuracy, we cannot guarantee that imported data will be completely accurate or error-free. You are responsible for reviewing and verifying the accuracy of any imported health information.

7. Subscription and Payments

Paid subscriptions are billed through Stripe. By subscribing to a paid plan, you agree to pay the applicable fees. Subscription terms, pricing, and cancellation policies are described at the time of purchase.

We reserve the right to change subscription pricing with reasonable notice to existing subscribers.

8. Third-Party Services

Available Health relies on third-party services including OpenAI, Microsoft Azure, Google Cloud Platform, and Stripe. We are not responsible for outages, interruptions, or failures of these third-party services.

Your use of these third-party services may be subject to their respective terms of service and privacy policies.

9. Acceptable Use

You agree not to:

  • Use Available Health for any unlawful purpose
  • Attempt to reverse engineer, decompile, or disassemble the App
  • Interfere with or disrupt the integrity or performance of the App
  • Attempt to gain unauthorized access to our systems or networks
  • Use the App to store or transmit malicious code
  • Resell or redistribute the App without our written consent

10. Intellectual Property

Available Health, including its design, features, and content (excluding your health data), is owned by Available Health, Inc. and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes in accordance with these Terms.

You retain ownership of your health data and any content you import into the App.

11. Disclaimer of Warranties

AVAILABLE HEALTH IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The App will be uninterrupted, error-free, or secure
  • Any defects will be corrected
  • The results obtained from using the App will be accurate or reliable
  • AI-generated responses will be accurate, complete, or appropriate for your situation

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAILABLE HEALTH, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF AVAILABLE HEALTH.

This includes, without limitation, damages arising from:

  • Any medical decisions made based on information from the App
  • Errors or inaccuracies in AI-generated responses
  • Errors or inaccuracies in data import or structuring
  • Failure of de-identification processes
  • Unauthorized access to data stored on your device
  • Third-party service outages or failures
  • Loss or corruption of your health data

In no event shall our total liability exceed the amount you paid to us in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Available Health, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of Available Health, your violation of these Terms, or your violation of any rights of a third party.

14. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Available Health shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

16. Termination

We may terminate or suspend your access to Available Health at any time, with or without cause or notice. Upon termination, your right to use the App will immediately cease.

You may stop using Available Health at any time. Your health data remains on your device; deletion of that data is your responsibility.

To delete your account information from our servers, please contact support@available.health.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email and update the "Last Updated" date at the top of these Terms. Material changes will take effect 30 days after notice is provided.

Your continued use of Available Health after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the App.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Available Health, Inc. regarding your use of Available Health and supersede any prior agreements.

20. Contact Us

If you have any questions about these Terms, please contact us at: support@available.health