Terms and Conditions

1.1 Purpose of the App

The App is an AI-powered Physician Assistant that collects patient health data (such as medical history, symptoms, and lifestyle information) and generates personalized health recommendations using AI algorithms. These recommendations are meant to assist healthcare professionals in making informed decisions. Physicians will review and validate these recommendations before they are incorporated into clinical practice. The App is not a substitute for professional medical advice, diagnosis, or treatment. The insights provided by the AI are designed to be used in conjunction with a healthcare provider’s expertise and judgment.

1.2 AI Assistance and Validation by Physicians

The AI-powered assistant uses machine learning to analyze health data and provide preliminary recommendations, such as diagnostic suggestions, treatment plans, or lifestyle recommendations. These recommendations are reviewed, modified, or validated by a licensed healthcare professional (physician) before any clinical decisions are made. While AI provides valuable insights, healthcare providers make the final judgment regarding your care.

1.3 HIPAA Compliance

The App is designed to comply with the Health Insurance Portability and Accountability Act (HIPAA) and applicable data protection laws. Your health data will be handled with the highest level of confidentiality and security in compliance with HIPAA, ensuring that your Personal Health Information (PHI) is protected.

1.4 Eligibility

To use the App, you must be at least 18 years of age. Individuals under the age of 18 may register and use the App only with the direct, ongoing involvement of a parent or legal guardian, who must be present for all interactions, responses, and submissions made on the minor’s behalf.

During registration and use of the platform, the accompanying adult must explicitly confirm during the intake:

“I am answering on behalf of [Patient Name].”

By proceeding, the accompanying adult acknowledges and agrees that responsibility for all actions, communications, and information provided by a registrant under 18 rests with the accompanying adult.

Where applicable law grants a minor the right to consent to certain health services without parental involvement, this section does not override those rights, and the App’s handling of such cases will follow applicable state and federal requirements.

2.1 Creating an Account

To use the App, patients must first register for the service by creating an account. During the registration process, you will be required to provide personal information such as your name, contact details, date of birth, gender, and health history. You may also be required to provide additional information relevant to the health recommendations, including symptoms, lifestyle factors, and medications.

2.2 Accuracy of Information

You agree to provide accurate, complete, and up-to-date information during registration and throughout your use of the App. Incorrect or incomplete information may result in inaccurate AI-generated recommendations.

2.3 Confidentiality of Account Information

Your account credentials, including your username and password, are confidential and should not be shared with others. You are responsible for all activities under your account, and you agree to notify us immediately of any unauthorized use of your account.

3.1 Third-Party Registration

In certain cases, a legal guardian, caregiver, or authorized representative may register on behalf of a patient, particularly if the patient is a minor, incapacitated, or otherwise unable to complete the registration themselves.

3.2 Authorization

By registering on behalf of a patient, you affirm that you have the necessary legal authority to act on their behalf and consent to the collection, processing, and use of their personal and health information in accordance with these Terms and the Privacy Policy.

3.3 Responsibility

When registering on behalf of a patient, you take full responsibility for ensuring the accuracy of the information provided and for managing the patient’s health data within the App. You agree to act in the best interest of the patient and to ensure that the data entered is correct and up to date.

4.1 Subscription and Fees

Access to the App may require a subscription or other fees. The details of any subscription or usage fees, including payment terms, pricing, and available plans, will be clearly outlined within the App or on the website. By using the App, you agree to pay any applicable fees for your selected plan.

4.2 Payment Method

Payments for subscription plans or services can be made through the payment methods offered in the App, which may include credit/debit cards, online payment systems, or other methods. By providing your payment information, you authorize us to charge your selected payment method.

4.3 Refunds

Refund policies, if applicable, will be clearly outlined in the App or on the website. Fees are non-refundable unless otherwise stated. You may request a refund in accordance with our refund policy, which will be reviewed on a case-by-case basis.

4.4 Payment Processing

All payments will be processed through third-party payment providers, and by using the App, you agree to comply with the terms of those providers. We are not responsible for any issues or disputes related to payment processing or third-party payment systems.

4.5 Changes to Fees

We reserve the right to change our fees or introduce new fees at any time. You will be notified of any changes, and you will have the option to cancel your subscription if you do not agree to the new terms.

5.1 Types of Data Collected

The App collects various types of personal and health-related information to provide personalized recommendations, including:

• Personal Information: Name, date of birth, contact details (e.g., phone number, email address), address, gender, and other identifying information.
• Medical History: Current and past medical conditions, surgeries, allergies, chronic illnesses, family medical history, vaccinations, and medications.
• Lifestyle Information: Exercise, diet, sleep patterns, alcohol use, smoking habits, mental health status, and other factors affecting your well-being.
• Symptoms and Health Concerns: Information related to your current symptoms, pain levels, mood, and overall health.

5.2 Audio, Screen Recording, and Training Use

By using the App, you consent that your audio, screen activity, and interactions with Hami, including transcripts, may be recorded during your sessions. These recordings will be used solely for evaluation purposes and for human and agent training to improve HAMI’s performance. All recordings are stored securely and accessed only by authorized personnel. They will not be shared outside the evaluation and training process.

5.3 Consent to Data Collection and Use

By using the App, you provide your consent to collect and process this data to generate health recommendations. These recommendations will be reviewed by licensed physicians to ensure their accuracy and clinical relevance. You agree that your health data may also be shared with healthcare providers, physicians, and related clinical entities for the purpose of supporting your treatment and providing personalized care.

5.4 Follow-Up Care and Communication

The App may also provide follow-up recommendations based on changes in your health data. These follow-ups are designed to monitor progress and adjust recommendations as needed. Each follow-up will be reviewed by a licensed physician before being shared with you or your healthcare provider for implementation.

5.5 Data Retention and Access

We retain your personal health data for as long as necessary to provide the services outlined in this Agreement. You have the right to request access to, correct, or delete your health data at any time, subject to applicable legal and regulatory requirements. You may also request a record of how your data has been used or disclosed.

6.1 License to Use the App

We grant you a limited, non-exclusive, non-transferable license to use the App for your personal use in accordance with these Terms. This license may be revoked at our discretion if you violate any of the terms or conditions set forth in this Agreement.

6.2 User Responsibilities

By using the App, you agree to:

• Provide accurate, complete, and up-to-date health information.
• Promptly inform us of any changes to your health status or personal information.
• Be responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Not use the App for any unlawful or malicious purposes.

6.3 Prohibited Uses

You may not use the App for any unlawful, fraudulent, or harmful purposes, including:

• Providing false or misleading health data.
• Interfering with or attempting to compromise the functionality of the App or AI system.
• Uploading harmful software, viruses, or any other malicious programs that could damage or disrupt the App.

6.4 AI Limitations

The AI system provides preliminary health recommendations, but these recommendations should always be reviewed by a licensed healthcare provider. AI is not infallible and may not capture every individual health condition or provide a perfect recommendation. You should never rely solely on the App for medical advice or treatment, and always consult with your healthcare provider for final medical decisions.

6.5 Hami AI Intake Tool Disclaimer

Hami collects health information to assist your doctor. It does not offer medical advice or diagnosis. Some on-screen responses may appear incomplete during the interaction, which is normal. Your responses will be reviewed by a licensed clinician. For emergencies, seek immediate medical help. By continuing, you consent to HIPAA-compliant data use.

Hami is provided solely for informational purposes to support licensed clinicians during consultations. It does not establish a doctor-patient relationship, provide medical advice, diagnosis, or treatment, or substitute for professional medical judgment. Users must not rely on Hami outputs for health decisions. On-screen text during interactions may appear incomplete or inaccurate, as all data requires clinician review and validation. By using Hami, you acknowledge these limitations and agree to the terms herein.

7.1 AI-Generated Health Recommendations

The App uses AI-powered algorithms to generate health recommendations based on your input data. These may include possible diagnoses, treatment suggestions, lifestyle adjustments, and alerts for further medical attention. The AI is designed to offer preliminary recommendations and is a tool for healthcare providers to make informed decisions. However, these recommendations should always be verified and validated by a licensed physician.

7.2 Physician Review and Validation

Before any recommendation generated by the AI is acted upon, it is reviewed by a licensed healthcare professional. Physicians will validate, confirm, modify, or override the AI-generated recommendations based on their professional judgment and clinical guidelines. The final medical decisions, including diagnosis and treatment plans, will always be made by your healthcare provider.

7.3 Follow-Up Recommendations and Continuous Monitoring

The App includes follow-up interactions to monitor your health progress and offer updated recommendations. These follow-ups will be based on changes in your health data and will be validated by healthcare providers to ensure clinical appropriateness. Follow-up care is designed to ensure that you are progressing as expected and to make any necessary adjustments to your care plan.

7.4 Accuracy and Completeness of Information

The quality of the AI-generated recommendations depends on the accuracy and completeness of the information you provide. You are responsible for ensuring that all data entered into the App is truthful, accurate, and up to date. Inaccurate or incomplete data may result in incorrect or suboptimal recommendations.

8.1 Intellectual Property Ownership

The App, including its underlying technology, AI algorithms, design, content, features, and trademarks, is the exclusive property of Boston Health AI or its licensors and is protected by copyright, trademark, and other intellectual property laws. You acknowledge that you do not have any ownership rights to the App or its intellectual property.

8.2 License to Use the App

We grant you a limited, non-exclusive, non-transferable license to access and use the App for personal, non-commercial purposes. This license is subject to compliance with these Terms and does not grant you any right to use, copy, modify, distribute, or create derivative works from the App, except as expressly authorized in writing by us.

8.3 Prohibited Use of Intellectual Property

You agree not to:

• Copy, modify, or reproduce any part of the App’s content, algorithms, or functionality.
• Reverse engineer, decompile, or disassemble any part of the App’s underlying code or algorithms.
• Use the App’s intellectual property for commercial purposes without prior written consent.

9.1 Physician’s Role and Responsibilities

Physicians who validate the AI-generated recommendations are licensed healthcare providers and assume responsibility for reviewing the recommendations, ensuring clinical appropriateness, and making the final medical decisions regarding diagnosis, treatment, and care plans. Physicians also agree to:

• Validate the AI-generated recommendations in accordance with their professional medical judgment.
• Follow applicable laws, regulations, and clinical guidelines when reviewing and modifying recommendations.
• Ensure that follow-up recommendations are reviewed and validated in a timely manner.
• Provide ongoing care, including reviewing patient progress and adjusting care plans as necessary.

9.2 Physician’s Disclaimers

Physicians involved in the validation process of AI recommendations will make their best efforts to ensure that the recommendations are clinically sound. However, physicians are not responsible for any adverse health outcomes resulting from reliance on AI recommendations or incomplete or inaccurate data provided by users.

10.1 No Warranties for Accuracy or Reliability

While we strive to provide accurate and up-to-date information, the App, including the AI-generated recommendations, is provided “as is.” We make no representations or warranties regarding the accuracy, reliability, or completeness of the information provided through the App, or its suitability for any specific purpose. Neither the App nor Boston Health AI takes any responsibility for the inaccuracy, unreliability, or incomplete information provided through the App. You acknowledge that the AI system is not infallible and may not always produce accurate or optimal recommendations.

10.2 No Medical Warranties

The App and its associated services are not intended for medical emergencies or urgent situations. You should never disregard or delay seeking medical advice based on any information provided through the App. If you believe you are experiencing a medical emergency, you should immediately call 9-1-1 or seek emergency medical attention. If you are experiencing suicidal thoughts or self-harm tendencies, please contact the National Suicide Prevention Lifeline at 1-800-273-8255 immediately.

The recommendations provided by the AI are for informational purposes only and should be reviewed by a licensed healthcare provider before any medical decisions are made. You agree that you will always consult with a qualified physician or healthcare provider concerning any medical conditions, symptoms, or treatment decisions. The App does not replace the need for professional medical judgment.

If a healthcare provider recommends follow-up care or emergency help, you should seek such care without delay. Always follow the guidance of your primary healthcare provider and other medical professionals, especially when it comes to starting, stopping, or modifying any treatment plans.

10.3 Limitation of Liability

To the fullest extent permitted by law, Boston Health AI and its affiliates, partners, employees, and licensors will not be liable for any indirect, incidental, special, or consequential damages, including loss of data, health complications, or financial losses, arising from your use of the App, its AI-generated recommendations, or any follow-up care. In no event shall our liability exceed the amount you paid for the use of the App, if any.

Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal and health information.

We may update or modify these Terms and Conditions from time to time. When changes are made, they will be posted on this page with an updated “Effective Date.” We encourage you to periodically review these Terms for any updates. Continued use of the App after any changes constitutes your acceptance of the updated Terms.

13.1 Termination by You

You may terminate your use of the App at any time by deactivating your account or ceasing to use the App.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to the App if you violate any of these Terms or if required for security, legal, or operational reasons.

14.1 Governing Law

These Terms and Conditions shall be governed by the laws of United States of America.

14.2 Dispute Resolution

Any disputes arising out of or related to these Terms will be resolved through binding arbitration in Delaware, United States of America, under the rules of the American Arbitration Association.

For any questions regarding these Terms and Conditions or our Privacy Policy, please contact us at:

Boston Health AI

accounts@bostonhealth.ai

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