Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Clarity Health LLC ("Company," "we," "our," or "us") governing your access to and use of the Clarity mobile application, website, and all related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. IMPORTANT MEDICAL AND HEALTH DISCLAIMER

2.1 Not Medical Advice

THE SERVICE IS FOR GENERAL HEALTH, FITNESS, AND WELLNESS INFORMATION PURPOSES ONLY. THE SERVICE, INCLUDING ALL CONTENT, INSIGHTS, RECOMMENDATIONS, AND AI-GENERATED COMMUNICATIONS, IS NOT INTENDED TO BE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

2.2 No Doctor-Patient Relationship

Your use of the Service does not create a doctor-patient, therapist-patient, or any other healthcare professional relationship between you and the Company. The Company is not a licensed medical care provider and does not provide medical services.

2.3 Consult Healthcare Professionals

You should:

• Always consult with qualified healthcare professionals before making any health-related decisions
• Never disregard professional medical advice or delay seeking it because of information provided by the Service
• Not use the Service for diagnosing or treating any health problem or disease
• Seek immediate medical attention for any medical emergencies

2.4 Emergency Situations

2.5 AI-Generated Content Limitations

The Service uses artificial intelligence to generate health insights and respond to your questions. You acknowledge and agree that:

• AI-generated content is created using artificial intelligence technology and has not been reviewed by a licensed healthcare provider
• AI-generated content may be inaccurate, incomplete, or inconsistent
• AI-generated content should not be relied upon as a basis for medical decisions
• To contact a human representative, email support@clarityhealthapp.ai
• You use AI-generated content entirely at your own risk

2.6 Data Accuracy

While we strive for accuracy, we do not guarantee that data imported from Apple HealthKit, extracted from uploaded documents, or processed by our AI systems is complete, accurate, or error-free. Lab result extraction may contain errors. Always verify important health data against original source documents.

2.7 Lab Document Processing

When you upload lab documents (PDFs or images) to the Service, you acknowledge and agree that:

• Clarity is not a laboratory, healthcare provider, or medical professional, and does not provide laboratory or healthcare services
• Clarity uses artificial intelligence to extract test results from your documents. This extraction process may contain errors, omit tests, or misinterpret values. You are responsible for verifying all extracted data against your original documents
• Clarity does not have access to your complete medical history and may lack context necessary for proper interpretation of your results
• Any insights generated from your lab results are for educational and personal wellness tracking purposes only, and do not constitute medical interpretation, diagnosis, or treatment recommendations
• You are responsible for evaluating whether any changes to your diet, exercise, supplements, or lifestyle are appropriate for you
• You should always consult with your doctor or qualified healthcare provider about your lab results before making any health-related decisions

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited by law from using the Service
• Provide accurate and complete registration information

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscriptions, Payments, and Automatic Renewal

5.1 Subscription Plans

The Service may offer free and paid subscription plans. Paid subscriptions provide access to premium features as described at the time of purchase. Subscription options include monthly and annual billing cycles.

5.2 Automatic Renewal

By purchasing a subscription, you agree that:

• Your subscription will automatically renew for successive periods of the same duration as your initial subscription
• You will be charged the then-current subscription price at the beginning of each renewal period
• Your payment method on file will be charged automatically
• You may cancel at any time before the renewal date to avoid being charged for the next period

5.3 How to Cancel

Cancellation will take effect at the end of your current billing period. You will continue to have access to premium features until then. No refunds are provided for partial billing periods.

5.4 California Residents – Automatic Renewal Disclosure

5.5 New York Residents – Automatic Renewal Notice

5.6 Price Changes

We may change subscription prices from time to time. Price changes will not affect your current subscription period but will apply to subsequent renewals. We will provide you with reasonable advance notice of any price increase.

6. Beta Services and Features

6.1 Availability of Beta Features

From time to time, we may offer access to services, features, or functionality that are identified as alpha, beta, preview, early access, experimental, or similar designations ("Beta Services"). Beta Services may be offered to select users who explicitly opt-in to participate.

6.2 Beta Services Terms

If you choose to use any Beta Services, you acknowledge and agree that:

• Beta Services are provided "AS IS" without any warranty of any kind
• Beta Services may not be as reliable, stable, or available as the regular Service
• Beta Services may contain bugs, errors, or inaccuracies
• Beta Services may be changed, suspended, or discontinued at any time without notice
• Beta Services may not have been subjected to the same security measures and testing as the regular Service
• We shall have no liability arising from your use of Beta Services

6.3 Feedback

By using Beta Services, you agree that we may contact you to request feedback. Any feedback, suggestions, or ideas you provide regarding Beta Services may be used by us without any obligation to you.

6.4 Confidentiality

Beta Services are confidential until officially launched. You agree not to disclose information about Beta Services, including their features and functionality, to any third party without our prior written consent.

7. User Content and Data

7.1 Your Data

You retain ownership of all health data, documents, and other content you provide to the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive license to use, process, store, and display your User Content solely for the purpose of providing and improving the Service.

7.2 Accuracy of Information

You are responsible for ensuring that all information you provide is accurate and complete. We are not responsible for any consequences resulting from inaccurate or incomplete information you provide.

8. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose
• Upload false, misleading, or fraudulent health data
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or its servers
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to provide medical advice to third parties
• Resell or redistribute the Service without authorization
• Violate any applicable laws or regulations

9. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

9.1 Third-Party Content and Attributions

To organize and group lab results, the Service uses content derived from LOINC® (Logical Observation Identifiers Names and Codes), a terminology standard maintained by the Regenstrief Institute, Inc. This material contains content from LOINC (loinc.org). LOINC is copyright © 1995–2024, Regenstrief Institute, Inc. and the Logical Observation Identifiers Names and Codes (LOINC) Committee and is available at no cost under the license at loinc.org/license. LOINC® is a registered United States trademark of Regenstrief Institute, Inc.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INCLUDING AI-GENERATED CONTENT, HEALTH INSIGHTS, OR DATA EXTRACTED FROM YOUR DOCUMENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use of or inability to use the Service
• Any health decisions you make based on information from the Service
• Errors, inaccuracies, or omissions in content, including AI-generated content
• Unauthorized access to or alteration of your data
• Any other matter relating to the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any health decisions you make based on information from the Service.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. You may delete your account at any time through the app settings.

14. Binding Arbitration and Class Action Waiver

14.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

14.2 Arbitration Procedures

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator in California. The arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

14.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@clarityhealthapp.ai within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the app and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and Consumer Health Data Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions about these Terms, please contact us: