Website Terms of Use

These terms of use are entered into by and between you and Index Health AI LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference] (collectively, the “Terms of Use”), govern your access to and use of https://indexhealth.ai/, including any content, functionality, products, and services offered on or through https://indexhealth.ai/ (collectively, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://indexhealth.ai/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (https://indexhealth.ai/privacy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on this Website is subject to our Privacy Policy (https://indexhealth.ai/privacy). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The owner of the Website is based in the State of Delaware in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

By using the services offered on or through the Website you hereby acknowledge and agree that the Company requires access to certain personal health information in order to render such services to you. By using the services offered on or through the Website you hereby authorize the Company, on your behalf, to: (a) gather and identify health plan benefits and eligibility information; (b) identify and assist in scheduling appointments with physicians and other health care professionals; and (c) provide medical, procedure, and prescription cost information. In furtherance of those services you authorize the Company to contact certain third parties on your behalf including, without limitation, your health plan, pharmacy, provider, or applicable assistance programs.

Your use of the Website will require you to disclose certain financial information and health information to the Company and authorize the disclosure of certain health information by your health plan, providers, and pharmacies to the Company. This information may include general personal and demographic information, health plan benefits and eligibility information, pricing information, health and claims information, and other personal or protected health information. We cannot provide services to you without your consent to use and disclose such information. You agree to perform any further acts and to execute and deliver any documents which may be reasonably necessary for the Company to provide services to you.

By using the Website you hereby appoint the Company as your agent for purposes of collecting, analyzing, storing, and transmitting financial information regarding your health care prescriptions, health plan benefits and eligibility, prescription pricing, health claims and information, and pharmacy or pharmaceutical assistance programs. This authorization does not grant the Company any right or authority to make medical or health care decisions for you, including with respect to your treatment, care, or use or selection of prescription medications or devices. If you revoke this appointment at any time the Company may not be able to provide services to you.

You understand that your provider, pharmacy, and health plan each may be regulated as a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Please be aware that this policy is distinct from a covered entity’s HIPAA Notice of Privacy Practices, which describes in detail overall how your provider, pharmacy, and health plan uses and discloses your individually identifiable health information. If you would like to review a copy of such HIPAA Notice of Privacy Practices, please request a copy directly from your provider, pharmacy, and health plan. Our use and disclosure of your personal information, which we receive pursuant to your express authorization, is not restricted under HIPAA, except to the extent that we act as a “business associate” to the above-referenced covered entities. We will use and disclose, and protect the privacy and security of, your personal information consistent with the terms of your authorization and this policy.

You authorize the Company to use the personal health information obtained from you and from third parties to maintain records regarding your health plan benefits and eligibility information, medical history, diagnosis, treatment, and any plans for future care or treatment and to provide services to you.

The services offered on or through the Website do not constitute insurance. The Company does not make determinations on eligibility for any health plan benefits or assistance program. The Company does not provide medical services or diagnose or treat medical conditions. We are an information and advocacy resource to help gather and identify health plan benefits and eligibility information and to improve your access to healthcare services. The services offered on or through the Website do not constitute medical advice or treatment and do not constitute a recommendation or endorsement of any particular course of treatment. All information provided through the Website is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information provided and the Company is not responsible for your reliance on any of such information provided to you through the Website or through your use of the services. If you have any questions regarding your medical condition or treatment, you should contact your provider. If you have any questions regarding your health plan benefits and coverage, you should contact your health plan.

We do not control, supply, endorse, warrant, or guarantee any information, products, or services supplied by any of the healthcare providers that you may connect with via the Website. We do not guarantee that you will meet the initial or ongoing eligibility criteria for any health care service or program that is identified by the Company. Each service or program has its own terms and conditions and eligibility criteria vary from program to program. Your eligibility to receive health care services through the assistance of the Website will be determined by your health care provider and health plan. Always seek the advice of your health care provider with any questions you may have regarding a medical condition or treatment and before starting or discontinuing treatment. Always consult your health plan with any questions about your coverage.

If you are feeling suicidal, thinking about hurting yourself, or are concerned that someone you know may be in danger of hurting himself or herself, call the National Suicide Prevention Lifeline at 1-800-273-TALK (1-800-273-8255), or text the Crisis Text Line (text HELLO to 741741).

Both services are free and available 24 hours a day, seven days a week. The deaf and hard of hearing can contact the National Suicide Prevention Lifeline via TTY at 1-800-799-4889. All calls are confidential and are staffed by certified crisis response professionals. Contact social media outlets directly if you are concerned about a friend’s social media updates or dial 911 in an emergency. Learn more on the National Suicide Prevention Lifeline‘s website or the Crisis Text Line‘s website.

You can find help in locating a mental health professional by consulting with your health care provider, health plan, the National Suicide Prevention Lifeline (1-800-273-TALK), or the National Mental Health Information Center.

The Company’s services offered to you through the Website may include links to, integrations with, or services provided by third-party artificial intelligence platforms and large language models. When you access and use such features and services, you do so at your own discretion and subject to the terms and privacy policies for such third-party features and services. We are not responsible for the practices, content, or policies of any such third-party.

Through your use of the Website and its services, you may provide input to the Website (“Input”), and receive output based on the Input (“Output” and together with “Input” collectively referred to herein as “Content”). You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms of Use. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to the Company.

As between you and the Company, and to the extent permitted by applicable law, you: (a) retain your ownership rights in Input; and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

By using the Website and its services, you grant, an irrevocable, perpetual, transferable, sublicensable, royalty-free, and worldwide right to the Company to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works of, aggregate, and display your Content to provide, maintain, develop, and improve our Website and its services, comply with applicable law, enforce our terms and policies, and keep our Website safe. If you have any questions about our use of your Content please contact us at learn@indexhealth.ai.

Due to the nature of artificial intelligence, your Output may not be unique and other users may receive similar output from the Website. Artificial intelligence and machine learning are rapidly evolving fields and are probabilistic in nature. We are constantly working to improve our Website and it services to make them more accurate, reliable, safe, and beneficial. However, use of our Website and its services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

When you use our Website and its services you understand and agree:

• Output may not always be accurate. You should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
• Our Website and its services may provide incomplete, incorrect, or offensive Output that does not represent the Company’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with the Company.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

This website is operated by Index Health AI LLC.

All notices of copyright infringement claims should be sent to the Company at learn@indexhealth.ai.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to learn@indexhealth.ai.