Effective Date: [8/27/2026]
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CONTROL HEALTH, LLC (“COMPANY,” “WE,” “US,” OR “OUR”). BY ACCESSING, REGISTERING FOR, OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND MASS ARBITRATION PROCEDURES THAT MAY AFFECT YOUR LEGAL RIGHTS.
1. Acceptance of Terms
These Terms govern your access to and use of Company’s website (controlhealth.ai) and its features (“Site”), mobile applications (“Mobile App”), software, APIs, artificial intelligence features, content, communications, products, and services (collectively, the “Platform”). They also incorporate by reference Company’s Privacy Policy and Consumer Health Data Privacy Policy and any supplemental terms applicable to particular Platform features.
Company may change or modify these Terms from time to time, with or without advance notice. If we do this, we will post the revised Terms on this page and update the “Effective Date” date above. If Company makes material changes, Company will provide notice by posting the updated Terms on the Platform, sending an email, providing an in-app notification, or through another reasonable means. Unless otherwise stated, revised Terms become effective upon posting. Your continued access to or use of the Platform following the effective date of the revised Terms constitutes your acceptance of the revised Terms. You should periodically visit this page to review the current Terms, so you are aware of any changes.
2. Definitions
For purposes of these Terms:
“Aggregated Data”means data derived from User Content, Usage Data, Platform Data, or other information that has been aggregated with information from other users or sources and does not identify any individual User.
“AI Features” means any artificial intelligence, machine learning, generative AI, large language model, retrieval augmented generation (RAG), predictive analytics, automated reasoning, algorithms, computational models, or similar technologies now existing or later developed that are made available through the Platform.
“De-identified Data” means any information derived from User Content, Health Information, Usage Data, Platform Data, or other information collected through the Platform that has been de-identified, anonymized, pseudonymized, aggregated, or otherwise processed or modified so that it does not reasonably identify, relate to, describe, reference, or permit the identification of an individual or household, whether alone or in combination with other information reasonably available to Company.
“Health Information” means any health-related information associated with a User, including medical records, laboratory results, diagnostic reports, imaging, prescriptions, wearable device data, health application data, journal entries, and other health-related content uploaded by, retrieved for, or otherwise associated with the User.
“Order”means a request submitted by you through the Platform to purchase one or more Laboratory Services from an independent Laboratory Platform Provider or laboratory.
“Platform Data” means information, data, models, algorithms, workflows, software performance information, system outputs, operational metrics, configuration data, benchmark data, testing results, artificial intelligence training and evaluation data, prompt engineering, retrieval methods, embeddings, indexes, software improvements, product usage trends, and other information generated, developed, derived, or maintained by or on behalf of Company in connection with the design, development, operation, maintenance, security, testing, support, or improvement of the Platform, but excluding User Content in its identifiable form and Usage Data except to the extent incorporated into Aggregated Data or De-identified Data.
“Third-Party Services” means independent healthcare providers, laboratories, Laboratory Platform Providers, pharmacies, electronic health record systems, health information exchanges, wearable device providers, consumer health applications, identity providers, payment processors, and other third-party products, services, systems, or platforms that you choose to access through, connect to, or authorize to interact with the Platform.
“Usage Data”means technical, diagnostic, operational, statistical, analytical, performance, telemetry, metadata, log, device, browsing, clickstream, interaction, and similar information generated by or collected through the operation of the Platform, including information regarding the use, performance, availability, security, reliability, and functionality of the Platform, but excluding User Content in its identifiable form.
“User Content” means any information, content, data, documents, images, Health Information, prompts, communications, or other materials that you or someone acting on your behalf uploads, imports, submits, transmits, or otherwise provides to or through the Platform, including information retrieved from Third-Party Services at your direction. User Content does not include Company IP, Platform Data, Usage Data, De-identified Data, or Aggregated Data.
“You,” “your,” or “User” means the individual who accesses or uses the Platform, creates an account, or otherwise accepts these Terms. If you access or use the Platform on behalf of another individual or a legally authorized representative (such as a holder of a valid healthcare power of attorney), you represent and warrant that you are authorized to act on that individual’s behalf and references to “you” and “your” include both you and the individual whose account or Health Information is accessed, as the context requires.
3. Eligibility and Accounts
The Platform is intended solely for individuals residing within the United States who are at least eighteen (18) years of age. At this time, Company does not allow you to create an account for or provide information relating to anyone under the age of eighteen (18).
You agree to provide accurate registration information, maintain the confidentiality of your account credentials, promptly notify Company of unauthorized account activity, and accept responsibility for all activity occurring under your account.
Company may suspend, restrict, or terminate any account that it reasonably believes violates these Terms or applicable law.
4. License to Use the Platform
Subject to your continued compliance with these Terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform solely for your own lawful, personal, and non-commercial purposes.
Except as expressly permitted by applicable law, you may not reproduce, modify, distribute, publicly display, reverse engineer, decompile, create derivative works from, scrape, benchmark, or otherwise exploit any portion of the Platform or Company’s intellectual property without Company’s prior written consent.
To the maximum extent permitted by applicable law, Company may immediately suspend, restrict, or limit your access to all or any portion of the Platform, with or without prior notice, if Company reasonably determines that: (a) you have violated these Terms or applicable law; (b) your use of the Platform presents a security, legal, regulatory, or operational risk to Company, other Users, or any Third-Party Service; (c) your account has been compromised or is being used in an unauthorized manner; (d) you have failed to pay amounts when due; (e) suspension is necessary to investigate suspected fraud, misuse, or unlawful activity; (f) suspension is requested or required by a governmental authority, court, or applicable law; or (g) suspension is otherwise reasonably necessary to protect the security, integrity, availability, or operation of the Platform.
Company may restore access if and when the circumstances giving rise to the suspension have been resolved to Company’s reasonable satisfaction, but Company shall have no obligation to do so.
5. Mobile Applications
5.1 Mobile Application License
Subject to your continued compliance with these Terms, Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access, and use the Mobile App solely in object code form on a mobile device that you own or control and solely for your personal, lawful, non-commercial use in connection with the Platform.
Except as expressly permitted by applicable law, you may not copy, modify, adapt, translate, distribute, sell, lease, sublicense, assign, reverse engineer, decompile, disassemble, circumvent any security feature or technological protection measure, introduce malicious code, interfere with the operation of the Platform or AI Features, or otherwise attempt to derive the source code or underlying ideas, algorithms, models, prompt engineering, or retrieval methods of the Platform or any portion thereof.
Company may automatically download, install, or require updates, upgrades, patches, bug fixes, or other modifications to the Mobile App at any time, with or without notice. Some features may not function properly unless the latest version is installed.
5.2 Apple App Store Additional Terms
If you download the mobile application through Apple’s App Store, the following additional terms apply:
(a) The license granted under these Terms is limited to use of the Mobile on Apple-branded products that you own or control and as permitted by the App Store Terms of Service.
(b) Apple has no obligation whatsoever to furnish any maintenance or support services for the Mobile App.
(c) To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the Mobile App. Any claims relating to the Mobile App, including claims arising under consumer protection, product liability, privacy, or similar laws, are solely between you and Company and not Apple.
(d) Company, and not Apple, is responsible for investigating, defending, settling, and discharging any third-party intellectual property infringement claim arising from the mobile application.
(e) You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(f) Apple and its subsidiaries are third-party beneficiaries of these Terms solely with respect to this Section and, upon your acceptance of these Terms, shall have the right to enforce this Section against you.
5.3 Google Play
If you obtain the Mobile App through Google Play, you acknowledge that Google is not responsible for providing maintenance, support, or warranty services for the Mobile App and is not a party to these Terms. Your use of the Mobile App obtained through Google Play is also subject to the applicable Google Play terms and policies.
5.4 Third-Party Components
The Platform may include or incorporate third-party software or open-source software that is subject to separate license terms. To the extent required by applicable license terms, those terms govern your use of the applicable third-party software.
6. Platform Description
The Platform is designed to enable Users to aggregate, access, organize, maintain, visualize, and better understand their Health Information obtained from User-authorized sources. Depending on available functionality, the Platform may retrieve Health Information from Third-Party Services; permit Users to upload or manage additional Health Information; organize, search, summarize, and present Health Information through AI Features; facilitate the browsing, ordering, scheduling, and receipt of independent Laboratory Services; integrate information from wearable devices and other connected health applications; and provide other products, services, features, and functionality that Company may introduce from time to time.
Without limiting Company’s other rights under these Terms, Company may modify, enhance, suspend, discontinue, or replace any aspect of the Platform at any time in accordance with these Terms.
7. No Medical Advice
Company is a technology company. You acknowledge that Company is not a LABORATORY OR OTHER healthcare provider and does not provide medical advice, medical diagnosis, INTERPRETATION OF LABORATORY RESULTS, treatment recommendations, or healthcare services through the Platform or otherwise. No physician-patient, provider-patient, fiduciary, or other professional relationship is created Between you and company through use of the Platform or any of Company’s services.
Any information, content, summaries, analyses, recommendations, observations, alerts, or other outputs generated by the Platform, including through AI Features (defined below), are provided solely for general informational and educational purposes and should not be relied upon for medical, diagnostic, treatment, medication, or healthcare decision-making purposes.
Any healthcare services accessed through or facilitated by the Platform are provided exclusively by independent Third-Party Services, which exercise their own independent professional judgment. Company neither controls nor directs the clinical decisions of any Third-Party Service and disclaims responsibility for the quality, availability, legality, or appropriateness of any healthcare services they provide.
Company recommends that you consult with a qualified healthcare professional before making any decisions regarding diagnosis, treatment, care, or other health-related matters, including any decisions based on data, information, insights, or recommendations provided through the Platform. By using the Platform, you acknowledge this recommendation and agree to seek appropriate professional medical advice before relying on or acting upon any such information.
You remain solely responsible for all healthcare decisions, including whether to seek medical care, consult qualified healthcare professionals, review laboratory results, verify Health Information, and act upon any information presented through the Platform. Company has no obligation to monitor Health Information, identify abnormal findings, notify Users of critical laboratory values, recommend treatment, contact healthcare providers, or intervene in medical emergencies.
If you believe you are experiencing a medical emergency, immediately call 911 or seek emergency medical care.
8. Artificial Intelligence Features
The Platform incorporates AI Features to assist Users in organizing and better understanding their Health Information. AI Features generate responses using probabilistic computational models and may produce information that is inaccurate, incomplete, inconsistent, outdated, misleading, biased, or otherwise incorrect.
AI-generated content is provided solely for general informational and educational purposes and must never be relied upon as medical advice, diagnosis, treatment recommendations, or clinical decision support. Company does not independently verify AI-generated outputs before they are presented to Users.
You acknowledge that software utilizing artificial intelligence, cloud computing, automated record retrieval, and Third-Party Services necessarily involves technological limitations and uncertainties, including software defects, model inaccuracies, synchronization failures, incomplete datasets, evolving scientific knowledge, and other conditions that cannot be eliminated despite commercially reasonable development and security practices. You voluntarily assume these technological risks when using the Platform.
ALL AI FEATURES AND RELATED OUTPUTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CLINICAL VALIDITY.
Company may modify, replace, suspend, or discontinue any AI Feature at any time without liability or notice.
9. Health Information and Third-Party Services
The Platform may retrieve or receive Health Information from Third-Party Services authorized by you. Company does not create, verify, supplement, validate, or independently confirm the completeness, accuracy, timeliness, authenticity, ownership, or clinical significance of any Health Information received from Third-Party Services.
Company cannot guarantee that every healthcare provider participates in supported integrations, that every available medical record will be retrieved, that identity matching will always be accurate, or that Third-Party Services will continue supporting Platform integrations. Health Information available through the Platform may therefore be incomplete, delayed, duplicated, unavailable, incorrectly matched, corrupted, revised, or otherwise inaccurate.
To the extent the Platform facilitates access to laboratory testing, Company merely provides technological access to independent Third-Party Services. Company does not perform laboratory testing, collect specimens, issue laboratory orders, interpret laboratory results, supervise healthcare professionals, or guarantee that any requested testing will be available or appropriate.
Certain Third-Party Services, including Laboratory Platform Providers, laboratories, healthcare providers, pharmacies, electronic health record systems, or other third parties, may require you to execute one or more authorizations, consents, acknowledgements, or other documentation as a condition of providing requested products or services or permitting information to be disclosed to Company. Where required, Company may present such authorizations or consents for your review and acceptance through the Platform or direct you to complete them with the applicable third party. Your failure or refusal to provide any required authorization or consent may prevent Company or the applicable Third-Party Service from providing some or all requested Platform functionality or services. Company presents such authorizations and consents solely as a convenience to facilitate your requested Third-Party Services. Company does not prepare, control, verify, monitor, or determine the legal sufficiency, validity, enforceability, accuracy, completeness, or ongoing compliance of any authorization, consent, acknowledgement, or other documentation required by a Third-Party Service.
10. Third-Party Laboratory Services
The Platform may permit Users to identify, request, schedule, purchase, access, or otherwise facilitate laboratory testing and related diagnostic services offered by independent third-party laboratories and other healthcare providers (“Laboratory Services”). These laboratories and other healthcare providers set their own pricing. Laboratory Services made available through the Platform are facilitated through one or more independent third-party technology providers, application programming interfaces (“Laboratory Platform Providers”), and other Third-Party Services.
Company does not endorse, recommend, refer, own, operate, manage, employ, supervise, direct, or control any Laboratory Platform Provider, laboratory, specimen collection site, ordering provider, healthcare provider, diagnostic testing facility, or other provider of Laboratory Services. Company does not perform laboratory testing, collect specimens, issue laboratory orders, review laboratory requisitions, interpret laboratory results, diagnose disease, recommend treatment, practice medicine, or exercise any clinical judgment. Although Company may facilitate easy access to certain laboratory and medical service providers on your behalf, Company does not recommend or refer you to any healthcare providers, and you are free to choose any healthcare provider and to continue to use Company’s services.
To the extent any Laboratory Services require authorization, approval, or an order from a licensed physician or other healthcare professional, such services are provided exclusively by independent third parties. Company neither selects nor controls the healthcare professionals involved in providing Laboratory Services, does not influence their independent professional judgment, and is not responsible for any medical decision, recommendation, refusal, delay, or other clinical determination.
Company’s role is limited to providing technology that enables Users to communicate with and access Laboratory Platform Providers and other Third-Party Services. Company is not a party to any agreement between you and any laboratory, healthcare provider, Laboratory Platform Provider, or other Third-Party Service and makes no representation or warranty regarding the availability, legality, appropriateness, quality, timeliness, pricing, insurance coverage, reimbursement, accuracy, completeness, reliability, or clinical utility of any Laboratory Services.
Laboratory Services may not be available in every jurisdiction and may be subject to federal, state, or local legal restrictions. Certain laboratory tests may be unavailable based on applicable law, geographic location, age, medical history, or the independent clinical judgment of an ordering provider or laboratory. Company does not guarantee that any requested laboratory test will be approved, ordered, scheduled, performed, completed, or reported.
Laboratory results displayed through the Platform originate from Third-Party Services. Company does not independently verify, validate, supplement, or update laboratory results and has no obligation to review laboratory findings, identify abnormal or critical values, notify Users of clinically significant results, recommend follow-up testing or treatment, or communicate with healthcare providers regarding laboratory results.
Users are solely responsible for reviewing laboratory results with their own qualified healthcare providers and for obtaining appropriate medical evaluation, diagnosis, treatment, or follow-up care. The Platform is not intended to replace professional medical advice or clinical interpretation of laboratory findings.
By using Laboratory Services through the Platform, you expressly authorize Company and its service providers to receive from, and transmit to, the applicable Laboratory Platform Provider, laboratory, and other relevant Third-Party Services information relating to your laboratory requests, appointments, orders, specimen status, laboratory results, and related Health Information, and to access, process, store, display, and otherwise use such information as reasonably necessary to facilitate the requested Laboratory Services and operate the Platform. Any receipt or disclosure of such information will be subject to applicable law and any authorization, consent, acknowledgement, or other documentation that you execute in connection with the applicable Laboratory Services, as well as these Terms, the Privacy Policy, and the Consumer Health Data Privacy Policy.
11. Payment, Laboratory Orders, Cancellations, and Refunds
11.1 Free Platform Access
Company currently provides access to the Platform without charge. However, certain products, Laboratory Services, or other services available through the Platform may require payment.
Company reserves the right to introduce, modify, or discontinue fees for access to all or any portion of the Platform, including premium features or subscriptions that may be offered in the future, subject to applicable law. Any new or modified fees will apply prospectively and, where required by applicable law, Company will provide reasonable advance notice before such fees become effective.
11.2 Laboratory Orders
The Platform allows you to request and purchase Laboratory Services offered by independent Third-Party Services. Each Laboratory Service constitutes a separate transaction. Prices are displayed at the time an Order is submitted and are subject to change until the Order is accepted. Unless otherwise expressly stated, prices do not include applicable taxes, governmental fees, or other charges, which will be added where required by applicable law.
Submission of an Order constitutes an offer by you to purchase the applicable Laboratory Services. Company reserves the right, in its sole discretion, to accept, reject, limit, cancel, or refuse any Order for any lawful reason, including product or service unavailability, pricing errors, suspected fraud, payment issues, legal or regulatory restrictions, or other operational reasons. If an Order is canceled after payment has been processed, Company will refund any amounts paid in accordance with Section 11.5.
11.3 Payment Authorization
By submitting an Order, you authorize Company and its third-party payment processors to charge your selected payment method for all amounts associated with the applicable Order, including applicable taxes and other disclosed charges. You represent and warrant that you are authorized to use the payment method provided and that all payment information submitted is accurate and current.
Company may use independent third-party payment processors to process payments. Company does not generally store complete payment card information and is not responsible for the acts, omissions, security, or performance of any payment processor.
To the extent permitted by applicable law and applicable payment network rules, Company reserves the right to impose a surcharge for payments made using certain credit cards. Any such surcharge will be disclosed to you before you authorize the applicable transaction and will not be imposed on debit cards, prepaid cards, or other payment methods where prohibited by applicable law or applicable payment network rules. Company may offer alternative payment methods that are not subject to a surcharge.
11.4 Pricing; Promotions
Company may modify prices for Laboratory Services or other paid products or services at any time before an Order is accepted. Price changes will not affect Orders that have already been accepted.
From time to time, Company may offer promotional pricing, discounts, promotional codes, referral incentives, or other special offers. Unless expressly stated otherwise, promotional offers are subject to additional terms, may be modified or discontinued at any time, may not be combined with other offers, have no cash value, and may not be transferred, assigned, or redeemed for cash.
11.5 Order Cancellation and Refunds
You may cancel an Order and receive a full refund at any time before your specimen is collected or laboratory testing otherwise begins. Once your specimen has been collected or laboratory testing has commenced, the applicable Order becomes non-refundable except as required by applicable law or expressly agreed by Company.
Company may cancel an Order at any time before Laboratory Services are provided for any lawful reason, including product or service unavailability, pricing or technical errors, suspected fraud, payment issues, legal or regulatory restrictions, or other operational reasons. If Company cancels an Order after payment has been processed, Company will refund the amount paid for the canceled Order to your original payment method.
Cancellation of an Order through the Platform does not automatically cancel any appointment scheduled with an independent Third-Party Service. You remain responsible for complying with the cancellation policies of the applicable laboratory, specimen collection site, healthcare provider, or other Third-Party Service.
Approved refunds will be issued to the original payment method and are generally processed promptly after approval, although it may take several business days for the refund to appear depending on your financial institution or payment processor.
11.6 Payment Errors
If Company identifies a pricing, billing, technical, or typographical error affecting an Order, Company reserves the right to correct the error, cancel the affected Order, or issue an appropriate refund, subject to applicable law. Company will notify you if such an error materially affects your Order.
11.7 Taxes
You are responsible for all applicable sales, use, value-added, excise, and similar taxes, duties, assessments, or governmental charges associated with your purchases, other than taxes based on Company’s net income. Where Company is required to collect and remit applicable taxes, such amounts will be added to your Order at checkout.
11.8 No Assignment
Laboratory Services and other products or services purchased through the Platform are personal to you and may not be assigned, transferred, resold, or redeemed for cash except as expressly permitted by Company.
12. Company Intellectual Property; Data Ownership
12.1 Company IP
The Platform, including all software, source code, object code, APIs, databases, user interfaces, visual designs, documentation, artificial intelligence and machine learning technologies, AI Features, models, algorithms, prompt engineering, retrieval methods, embeddings, workflows, and all trademarks, service marks, trade names, logos, copyrights, patents, trade secrets, know-how, and other intellectual property embodied in or relating to the Platform (collectively, “Company IP”), together with all modifications, enhancements, derivative works, improvements, Usage Data, Platform Data, Aggregated Data, De-identified Data, and related intellectual property rights, are and shall remain the exclusive property of Company or its licensors.
Except for the limited license expressly granted under these Terms, nothing grants you any ownership or other right, title, or interest in or to the Platform or any Company IP.
12.2 User Content
As between you and Company, and subject to the rights granted under these Terms, you retain whatever ownership rights you may have in your User Content. You represent and warrant that you have all rights, permissions, consents, and authority necessary to upload, import, access, transmit, and authorize Company’s use of your User Content as contemplated by these Terms.
You grant Company and its affiliates, contractors, subprocessors, service providers, licensors, successors, and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free license to host, reproduce, store, transmit, access, retrieve, organize, display, modify, adapt, process, analyze, create derivative works from, and otherwise use User Content as reasonably necessary to provide, operate, secure, maintain, support, improve, and enhance the Platform and AI Features; fulfill your requests and instructions; comply with applicable law; create and use Usage Data, Platform Data, Aggregated Data, and De-identified Data; and otherwise as described in these Terms, the Privacy Policy, and the Consumer Health Data Privacy Policy.
12.3 Company Data
As between the parties, Company exclusively owns all right, title, and interest in and to all Usage Data, Platform Data, Aggregated Data, De-identified Data, and all analyses, models, algorithms, statistical information, benchmarks, research, insights, reports, derivative works, and other information generated, developed, derived, or created in connection with the operation, maintenance, security, testing, support, improvement, or use of the Platform (collectively, “Company Data”). Company may collect, generate, analyze, use, disclose, commercialize, publish, license, sell, transfer, and otherwise exploit Company Data for any lawful purpose, including product development, research, benchmarking, analytics, quality improvement, artificial intelligence and machine learning development, and other business purposes, provided such use is consistent with applicable law.
12.4 AI Features and Platform Outputs
Subject to your continued compliance with these Terms, Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use Platform outputs, including outputs generated through your use of the AI Features, solely for your personal, lawful, non-commercial use in connection with your authorized use of the Platform. Platform outputs, particularly those generated using artificial intelligence, may not be accurate, complete, unique, or suitable for any particular purpose, may be similar or identical to outputs generated for other users, and are provided subject to the disclaimers and limitations of these Terms.
12.5 Feedback
If you provide Company with any ideas, suggestions, comments, recommendations, enhancement requests, corrections, or other feedback regarding the Platform or Company IP (“Feedback”), you hereby irrevocably assign to Company all right, title, and interest in and to such Feedback and all intellectual property rights therein. To the extent any such rights cannot be assigned, you grant Company a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, commercialize, and otherwise exploit such Feedback for any purpose without attribution, restriction, notice, or compensation to you.
13. Acceptable Use
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:
(a) violate applicable law or the rights of any person, including intellectual property, privacy, confidentiality, or other proprietary rights;
(b) access or attempt to access the Platform, any account, data, system, API, or network without authorization, or interfere with the security, integrity, or operation of the Platform;
(c) upload, transmit, or introduce malware, malicious code, viruses, or other harmful materials;
(d) impersonate another person, misrepresent your identity or authority, or submit information you are not authorized to disclose;
(e) use the Platform to engage in fraud, unlawful activity, or unauthorized medical or healthcare activities;
(f) reverse engineer, decompile, scrape, benchmark, extract, copy, or otherwise attempt to obtain the Platform's source code, models, prompts, algorithms, nonpublic functionality, or other proprietary information, except as expressly permitted by applicable law;
(g) use bots, automated tools, or similar means to access or use the Platform except as expressly authorized by Company;
(h) use the Platform, AI Features, Platform Outputs, or Company IP to develop, train, benchmark, improve, or commercialize any competing product, service, dataset, or artificial intelligence model;
(i) circumvent or disable any technical safeguards, security measures, usage limitations, or access restrictions, including attempting to re-identify any de-identified information; or
(j) otherwise use the Platform in a manner inconsistent with these Terms or its intended purpose.
Company may monitor and investigate suspected violations of this Section, suspend or terminate your access to the Platform, and cooperate with law enforcement or other governmental authorities where Company reasonably determines such cooperation is appropriate.
14. Privacy, Security, and Electronic Communications
14.1 Privacy
Your privacy is important to Company. Company’s collection, use, disclosure, storage, processing, and protection of Personal Information, Consumer Health Data, and other information are governed by Company’s Privacy Policy, Consumer Health Data Privacy Policy, and any other privacy notices made available through the Platform, each of which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have reviewed those policies and consent to Company’s collection, use, disclosure, and processing of your information as described therein.
14.2 Security
Company is committed to protecting the confidentiality, integrity, and availability of information entrusted to the Platform. Company maintains administrative, technical, and physical safeguards designed to protect Personal Information, Consumer Health Data, and other information maintained through the Platform using security measures that Company believes are commercially reasonable and appropriate for the nature of the Platform and the information processed.
Although Company continually evaluates and enhances its security practices, no system, network, method of transmission, or storage method can be guaranteed to be completely secure. Accordingly, Company cannot and does not warrant or guarantee that the Platform or any information transmitted to, through, or stored on the Platform will be free from unauthorized access, disclosure, misuse, service interruptions, cyberattacks, malware, ransomware, denial-of-service attacks, phishing, social engineering, credential compromise, hardware failures, software defects, data loss, or other security incidents.
By using the Platform, you acknowledge and accept these inherent risks associated with internet-based services, cloud computing, artificial intelligence technologies, and Third-Party Services.
Except to the extent resulting from Company’s gross negligence, willful misconduct, fraud, or other liability that cannot be limited or excluded under applicable law, Company shall not be liable for any unauthorized access to, acquisition of, disclosure of, alteration of, corruption of, destruction of, loss of, or inability to access information arising from or relating to: (a) attacks directed at the Platform or Third-Party Services; (b) failures of cloud infrastructure, internet service providers, telecommunications providers, or other third-party infrastructure; (c) compromises of User credentials or User devices; (d) malicious software or other cyber threats; or (e) other events beyond Company’s reasonable control.
14.3 User Security Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for using the Platform in a secure manner. You agree to: (a) create and maintain a strong password; (b) enable multi-factor authentication if offered by Company; (c) maintain the security of your devices and networks; (d) promptly notify Company of any suspected unauthorized access to your account or security incident involving your account; and (e) log out of the Platform when using shared or public devices.
Company shall not be responsible for unauthorized access to your account resulting from your failure to safeguard your credentials, secure your devices, protect your accounts from phishing or other credential theft, or otherwise maintain reasonable account security.
14.4 Third-Party Infrastructure
The Platform relies upon Third-Party Services, including cloud hosting providers, artificial intelligence providers, electronic health record integrations, Laboratory Platform Providers, payment processors, and other third-party infrastructure providers. Company does not own or control these third-party systems and is not responsible for their availability, performance, privacy practices, security measures, or security incidents. Any disruption, outage, or compromise affecting Third-Party Services may affect the availability or functionality of the Platform.
14.5 HIPAA
The Platform is a consumer-directed technology service that enables Users to aggregate, organize, access, and interact with their Health Information. Except as expressly set forth in a separate written agreement, Company provides the Platform solely as a technology provider and not as a healthcare provider, health plan, healthcare clearinghouse, or business associate acting on behalf of any HIPAA covered entity.
Your interactions with healthcare providers, laboratories, pharmacies, and other Third-Party Services are governed by the terms, privacy notices, and legal obligations applicable to those organizations, including, where applicable, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations. Company is not responsible for the privacy practices, legal compliance, or HIPAA obligations of any Third-Party Service.
Nothing in these Terms shall be construed as a representation or warranty that the Platform is subject to, governed by, or compliant with HIPAA. While Company endeavors to implement security practices informed by HIPAA and other recognized healthcare industry standards, the Platform is not offered as a HIPAA-regulated service except to the extent expressly agreed in a separate written agreement.
14.6 Electronic Communications
By creating an account or using the Platform, you consent to receive communications from Company electronically, including by email, in-app notification, push notification, SMS message (where separately authorized), or other electronic means. You agree that all agreements, notices, disclosures, updates, and other communications that Company provides electronically satisfy any legal requirement that such communications be in writing.
You are responsible for maintaining accurate and current contact information. Company shall not be responsible for communications that you do not receive because your contact information is inaccurate or outdated, your email or mobile carrier blocks delivery, your device settings prevent delivery, or circumstances otherwise beyond Company’s reasonable control prevent successful transmission.
15. Changes to the Platform
Company reserves the right, at any time and from time to time, with or without notice, to modify, update, enhance, replace, suspend, discontinue, remove, limit, or otherwise change all or any portion of the Platform, including any features, functionality, content, user interface, AI Features, Laboratory Services, Laboratory Platform Providers, Third-Party Services, APIs, integrations, pricing, payment models, paid features, premium services, availability, technical requirements, or other components of the Platform. Company has no obligation to continue offering, supporting, maintaining, or updating any particular feature, functionality, integration, AI model, Third-Party Service, paid service, or other aspect of the Platform.
Except to the extent otherwise required by applicable law, Company may exercise the foregoing rights in its sole discretion and without prior notice or liability to you, even if doing so limits or eliminates your ability to access or use the Platform or any portion thereof, or modifies or discontinues any features, functionality, content, AI Features, Laboratory Services, paid services, or other benefits previously available through the Platform.
If Company permanently discontinues the Platform or permanently discontinues a paid product or service that you have purchased before the applicable Laboratory Services have been provided or the applicable paid service has been performed, Company will refund any prepaid amounts attributable to the unfulfilled portion of the affected Order or paid service. Such refund shall constitute your sole and exclusive remedy arising out of or relating to Company’s modification, suspension, discontinuance, or material reduction of the Platform or any portion thereof.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, AI FEATURES, HEALTH INFORMATION, LABORATORY INFORMATION, THIRD-PARTY SERVICES, CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, CLINICAL VALIDITY, OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT ERRORS, DEFECTS, OR INTERRUPTIONS, THAT ANY DEFICIENCIES WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY OUTPUTS, DATA, INSIGHTS, OR INFORMATION GENERATED THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR USE.
COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL IDENTIFY MEDICAL CONDITIONS, DETECT ERRORS, PREVENT MEDICAL HARM, RETRIEVE COMPLETE RECORDS, PRODUCE ACCURATE AI OUTPUTS, OR OPERATE WITHOUT INTERRUPTION.
NEITHER COMPANY NOR ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD-PARTY PRODUCTS, SERVICES, CONTENT, DATA, INFORMATION, RECOMMENDATIONS, OPINIONS, GUIDANCE, TREATMENT, CARE, OR OTHER OFFERINGS ACCESSED THROUGH OR FACILITATED BY THE PLATFORM, INCLUDING THEIR AVAILABILITY, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, SAFETY, LEGALITY, EFFECTIVENESS, OR RESULTS.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE TOTAL FEES ACTUALLY PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
18. Indemnification
You agree to defend, indemnify, and hold harmless Company and its affiliates, and their respectiveowners, officers, directors, employees, contractors, licensors, successors, assigns, and service providers from and against any claims, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising from your access to or use of the Platform, User Content, violation of these Terms, violation of applicable law, or infringement of third-party rights.
19. Governing Law; Dispute Resolution; Arbitration
19.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with Company or its affiliates (collectively, a “Dispute”) shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Notwithstanding the foregoing, the Federal Arbitration Act (“FAA”) governs the interpretation, enforcement, and all proceedings relating to the arbitration agreement contained in this Section and preempts any inconsistent state law to the fullest extent permitted by law.
19.2 Informal Dispute Resolution
The parties intend to resolve Disputes efficiently and without unnecessary litigation or arbitration. Accordingly, before either party initiates arbitration or any court proceeding (except as expressly permitted below), the claimant must provide written notice describing the Dispute in reasonable detail, including the claimant’s name, contact information, account email address (if applicable), a description of the factual and legal basis of the claim, the relief requested, and any supporting documentation reasonably necessary to evaluate the claim.
Following receipt of the notice, the parties shall participate in good-faith efforts to resolve the Dispute informally for a period of at least sixty (60) days. During this period, either party may request a settlement conference by telephone or videoconference, and both parties agree to participate personally (with counsel if represented) at a mutually convenient time.
Compliance with this Section is a condition precedent to commencing arbitration or litigation. Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or misuse of its intellectual property, confidential information, trade secrets, or the security or integrity of the Platform, without first completing the informal dispute resolution procedures.
19.3 Agreement to Arbitrate
Except as otherwise expressly provided in these Terms, any Dispute that is not resolved through the informal dispute resolution process shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules then in effect (the “AAA Rules”), as modified by this Section.
Either party may elect to pursue an individual claim in a court of competent jurisdiction with authority to hear small claims matters, provided the claim qualifies for that court’s jurisdiction and remains on an individual basis. If the claim is removed from or no longer qualifies for small claims court, either party may require that the Dispute proceed in arbitration.
The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, including any claim that all or any portion of this arbitration agreement is void or voidable, except that a court of competent jurisdiction shall determine issues relating to the enforceability of the Class Action Waiver set forth below or any matter that applicable law reserves exclusively for judicial determination.
The arbitrator may award any remedy available under applicable law on an individual basis but shall have no authority to consolidate claims, certify a class, award relief on behalf of persons who are not parties to the arbitration, or otherwise conduct any representative, collective, coordinated, or class proceeding except as expressly provided in Section 19.4.
19.4 Multiple Case Filings
To promote the efficient administration of substantially similar claims while preserving the parties’ agreement to arbitrate, this Section applies whenever twenty-five (25) or more arbitration demands asserting substantially similar claims are submitted against Company by the same law firm, affiliated law firms, or counsel acting in coordination (a “Multiple Case Filing”).
Counsel for the parties shall promptly meet and confer in good faith to establish procedures reasonably designed to streamline the resolution of the Disputes, facilitate the exchange of relevant information, eliminate duplicative proceedings, encourage settlement, and conserve the resources of the parties, the arbitrator, and the AAA.
If a Multiple Case Filing consists of fifty (50) or more Disputes, twenty-five (25) Disputes selected by counsel for each side shall proceed in an initial staged arbitration before a single arbitrator using a single filing fee, to the extent permitted by the AAA. Upon completion of the initial stage, the parties shall participate in confidential mediation before a mutually agreed mediator in an effort to resolve the remaining Disputes.
If Disputes remain unresolved following mediation, an additional twenty-five (25) Disputes selected by counsel for each side shall proceed in a second staged arbitration under the same procedures, followed by a second confidential mediation.
Any remaining Disputes that are not resolved following completion of the staged arbitration and mediation process shall no longer be subject to arbitration and may be pursued exclusively in the state or federal courts located in Mecklenburg County, North Carolina. Each party irrevocably submits to the personal jurisdiction of those courts and waives any objection based upon venue or forum non conveniens.
For any Dispute that is deferred pending a staged arbitration, all applicable statutes of limitation and contractual limitations periods shall be tolled from the date the arbitration demand is submitted until the earlier of (i) the commencement of the applicable staged proceeding, (ii) settlement, (iii) withdrawal of the claim, or (iv) the claim becoming eligible for litigation under this Section. Arbitration filing fees associated with deferred Disputes shall likewise be deferred until the applicable staged proceeding commences.
If any portion of this Section 19.4 is determined to be unenforceable, the remainder of this arbitration agreement shall remain enforceable to the fullest extent permitted by law.
19.5 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. YOU AND COMPANY EACH WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION.
If this Class Action Waiver is determined to be unenforceable with respect to a particular claim, then that claim (and only that claim) shall proceed exclusively in the state or federal courts identified in Section 19.4, and the remainder of this arbitration agreement shall remain enforceable.
Nothing in these Terms shall be construed as waiving any right that applicable law prohibits from being waived.
19.6 Confidentiality
Unless otherwise required by law, the parties agree that the arbitration proceeding, all materials exchanged in connection with the arbitration, testimony, evidence, orders, and any arbitration award shall remain confidential and shall not be disclosed except as reasonably necessary to enforce an arbitration award, comply with applicable law, protect a legal right, or obtain legal, accounting, or other professional advice.
19.7 Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE.
19.8 Arbitration Opt-Out
You may opt out of this arbitration agreement by sending written notice to Company within thirty (30) days after first accepting these Terms. Your notice must include your name, mailing address, account email address, and a clear statement that you wish to opt out of arbitration. Timely opting out will not affect any other provision of these Terms.
20. Miscellaneous
These Terms constitute the entire agreement between you and Company regarding the Platform and supersede all prior understandings relating to the Platform. You acknowledge that you have not relied upon any representation, warranty, statement, advertisement, marketing material, demonstration, estimate, expected outcome, or promise except as expressly set forth in these Terms. If any provision is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Company may modify these Terms at any time by posting an updated version or otherwise providing notice to you, and your continued access to or use of the Platform following such modification constitutes acceptance of the revised Terms. Electronic signatures, click-through acceptance, and other electronic manifestations of assent shall have the same force and effect as original signatures.
21. Contact Us
Questions regarding these Terms may be directed to:
Control Health LLC
Attn: Privacy
421 Penman St., Suite 310
Charlotte, NC 28203
Email: privacy@controlhealth.ai