AUTONOMIC HEALTH
Terms of Service
Site, App, ANS Test, CloudANS, Autonomic AI, and CAJAL
Effective Date: November 4, 2024 Last Updated: May 1, 2026
Welcome to Autonomic Health ("Autonomic Health," "we," "us," or "our"). Please read these Terms of Service (the "Terms" or "Agreement") carefully before using any of our services.
This Agreement governs your access to and use of the Autonomic Health website at https://www.autonomichealth.ai (the "Site"), the Autonomic Health mobile and desktop applications (the "App"), the Autonomic AI educational chatbot, the ANS Testing Service, the CloudANS partner platform, the CAJAL autonomic intelligence model layer, integrations with wearable devices, and all related applications, content, features, and services (collectively, the "Services").
By accessing, installing, registering for, or using the Services, you (1) acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, (2) consent to the collection, use, disclosure, and other handling of your information as described in this Agreement and the Privacy Policy, and (3) if applicable, agree to the additional consents described in Section 4 (Health Data, HIPAA, and Privacy). If you do not agree, do not use the Services.
ARBITRATION AND CLASS WAIVER. This Agreement contains a binding arbitration clause and a class action waiver in Section 19. By accepting this Agreement, you and Autonomic Health agree to resolve disputes individually through binding arbitration rather than in court, except where prohibited by law. Please read Section 19 carefully.
1. About Our Services
Autonomic Health is a health technology company focused on the autonomic nervous system (the "ANS"). We build infrastructure, analytics, and software that support clinicians and individuals in measuring, understanding, and addressing autonomic dysfunction. Autonomic Health is not a medical practice and does not itself provide medical care.
The Services include the following components, each subject to the applicable provisions of this Agreement:
1.1 Autonomic AI (Educational Chatbot)
Autonomic AI is an AI-powered conversational assistant trained on autonomic medicine literature and clinical data. It provides general educational information about the ANS, dysautonomia, and related health topics based on the inputs you share. Autonomic AI does not diagnose, treat, prescribe, or replace clinical care, and does not establish a doctor-patient relationship.
1.2 ANS Testing Service
The ANS Testing Service is a wearable-based, non-invasive autonomic nervous system test. The test runs an FDA-approved autonomic protocol originally developed and used by our co-founder and Chief Medical Officer in a clinic-based device used by more than one million patients since 2006. Autonomic Health does not itself sell or market an FDA-cleared or FDA-approved device. ANS Test results are made available to licensed clinicians through the Clinician Portal, who independently interpret results and determine appropriate next steps.
By joining the ANS Test waitlist, registering for, or undergoing testing, you consent to the collection and use of your biometric and health data as described in Section 4 and in our Privacy Policy.
1.3 CloudANS Partner Platform
CloudANS is the clinical infrastructure platform that we license to healthcare organizations, health systems, telehealth providers, women's health platforms, wearable manufacturers, and other technology partners ("Partners"). Partner access to CloudANS is governed by a separate Partner Agreement and applicable Business Associate Agreement in addition to these Terms. Partner use of CloudANS for patient care must comply with all applicable healthcare laws, including HIPAA and applicable state health-privacy laws.
1.4 Clinician Portal and Clinical Services
Autonomic Health operates a Clinician Portal through which independent licensed clinicians ("Clinicians") may review ANS Test results, provide diagnoses, and recommend or prescribe treatment to users ("Clinical Services"). The following applies to all Clinical Services delivered through the Clinician Portal:
Autonomic Health is a technology platform provider. It does not employ, direct, supervise, or control the clinical judgment or decisions of any Clinician using the Clinician Portal.
The clinical relationship, including any diagnosis, treatment recommendation, or prescription, is solely between you and the licensed Clinician. Autonomic Health is not a party to that relationship.
Each Clinician is independently licensed in their applicable jurisdiction and is solely responsible for their professional conduct, clinical decisions, and compliance with all applicable medical-practice laws and standards of care.
Autonomic Health does not guarantee the availability of a specific Clinician, a specific clinical outcome, or that Clinical Services will be available in your jurisdiction.
Clinicians accessing the portal are bound by a separate Clinician Terms of Use that governs their obligations, licensing, and professional responsibilities on the platform.
1.5 CAJAL
CAJAL is our autonomic intelligence model layer, trained on a clinical autonomic dataset and deployed inside the Services to deliver predictive, personalized autonomic insights. CAJAL operates only on data lawfully collected through the Services and on data that has been de-identified or otherwise authorized for such use as described in Section 4.
1.6 Mobile and Wearable Integration
Certain Services are accessible via the App and through wearable devices, smartphones, smartwatches, tablets, and other connected devices (collectively, "Mobile Services"). Your use of Mobile Services is subject to your mobile carrier's normal messaging, data, and other rates and fees, and Autonomic Health is not responsible for any carrier restrictions or charges.
Use of the ANS Testing Service requires a compatible wearable device. A current list of supported devices is available at https://www.autonomichealth.ai/ans-test. Autonomic Health does not manufacture or sell wearable devices and is not responsible for device performance, accuracy, malfunction, or failure. Your use of any third-party device is subject to that manufacturer's terms of service and privacy policy, which Autonomic Health does not control.
2. App-Specific Terms
This Section 2 applies in addition to the rest of the Terms whenever you download, install, access, or use the App. In the event of a conflict between this Section 2 and other parts of the Terms with respect to the App, this Section 2 controls.
2.1 License to Use the App
Subject to your compliance with this Agreement, Autonomic Health grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices you own or control, solely for your personal, non-commercial use of the Services. All other rights are reserved.
2.2 App Stores and Third-Party Beneficiaries
If you download the App from the Apple App Store, the Google Play Store, or another third-party app marketplace (an "App Store"), your use of the App is also subject to that App Store's terms. To the extent any App Store terms apply, the following provisions are incorporated by reference and, where required by the applicable App Store, the App Store and its affiliates are intended third-party beneficiaries of this Agreement with the right to enforce these Terms against you.
Apple App Store. You acknowledge that this Agreement is between you and Autonomic Health only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content, maintenance, support, warranty claims, or any product liability or third-party intellectual property claims. You will only use the App on an Apple-branded device that you own or control and in accordance with the Apple Media Services Terms and the Usage Rules in the App Store Terms.
Google Play. You acknowledge that this Agreement is between you and Autonomic Health only, and not with Google LLC ("Google"). Google is not responsible for the App or its content. Your use of the App must comply with Google Play's then-current Terms of Service.
2.3 Updates and Changes
We may release updates, patches, or new versions of the App from time to time. Some updates are required for continued use of the App and may be installed automatically. Autonomic Health may also modify, suspend, or discontinue any feature of the App at any time. We are not liable to you or any third party for any modification, suspension, or discontinuation of the App or any feature.
2.4 Device Permissions
The App may request access to certain features or data on your device, including Apple HealthKit, Google Health Connect, Bluetooth, push notifications, motion and fitness data, microphone, camera, location, and storage. You may grant or revoke these permissions through your device's operating system settings. Some features of the App will not function if a required permission is denied. The App will only access these features for the purposes described in our Privacy Policy.
2.5 Push Notifications and In-App Messages
With your permission, the App may send you push notifications, in-app messages, and other communications related to the Services, including reminders, test status, educational content, and security alerts. You may turn off push notifications at any time through your device settings.
2.6 SMS, Email, and Telephone Communications
If you provide a mobile phone number, you consent to receive SMS or text messages from Autonomic Health regarding the Services, including verification codes, appointment reminders, and information related to the ANS Testing Service. Message and data rates may apply. Reply STOP to opt out, HELP for help. By providing your contact information, you also consent to receive transactional and service-related emails and, where you have opted in, marketing communications. Marketing messages will include an unsubscribe mechanism.
2.7 Beta Features
Certain App features may be made available as beta, pilot, or early access offerings. Beta features are provided on an "as is" basis without warranty, may be modified or discontinued at any time, and are not intended for clinical or production use unless we expressly say so in writing.
3. Medical Disclaimer and Limitations
IMPORTANT. Autonomic Health is a technology platform company, not a medical practice. We do not directly provide medical advice, diagnosis, or treatment. Diagnosis and treatment, where available, are provided exclusively by independent licensed Clinicians through the Clinician Portal. Use of the Services, including the Autonomic AI chatbot, the App, and the ANS Testing Service, does not establish a doctor-patient relationship between you and Autonomic Health.
All content and information provided through the Services is for general educational and informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment from a qualified and licensed healthcare provider.
The ANS Testing Service provides objective autonomic measurements. These results are reviewed by licensed Clinicians through the Clinician Portal, who independently determine whether a diagnosis or treatment recommendation is appropriate. Autonomic Health itself does not interpret results or issue diagnoses.
Never disregard, delay, or avoid seeking professional medical advice because of information you received through the Services. If you believe you are experiencing a medical emergency, call 911 or your local emergency services immediately. Autonomic Health is not a crisis center. If you are experiencing a mental health crisis or suicidal thoughts, please call or text 988 (Suicide and Crisis Lifeline, US) or go to your nearest emergency room.
AI-generated information disclaimer. Autonomic AI and CAJAL are AI systems that may generate incorrect, incomplete, or out-of-date information. Outputs are for educational and informational purposes only and are not medical advice. Always consult a qualified healthcare professional before acting on any AI-generated information.
4. Health Data, HIPAA, and Privacy
This Section 4 explains how we collect, use, share, and protect your information when you use the Services. It supplements our Privacy Policy. In the event of a conflict between this Section 4 and the Privacy Policy regarding the Services, this Section 4 controls.
4.1 Categories of Information We Collect
Depending on how you use the Services, we may collect:
Account and contact information such as your name, email address, mobile phone number, date of birth, and account credentials.
Biometric and physiological data from the ANS Testing Service and connected wearables, including heart-rate variability (HRV), sympathetic and parasympathetic activity measurements, respiration, skin conductance, motion data, and related autonomic markers ("Health Data").
Self-reported health information such as symptoms, conditions, medications, lifestyle factors, and information you provide in the Autonomic AI chatbot.
Clinician-generated information such as interpretations, diagnoses, recommendations, and prescriptions made by Clinicians through the Clinician Portal.
Device, usage, and technical information including device type, operating system, app version, IP address, log data, identifiers, and usage analytics.
4.2 HIPAA Compliance
Where Autonomic Health acts as a covered entity or business associate under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), we handle your Protected Health Information ("PHI") in accordance with HIPAA and our Notice of Privacy Practices, which is available upon request and posted on the Site. Where Clinical Services are provided through the Clinician Portal, the Clinician (or their professional entity) is the covered entity, and Autonomic Health acts as their business associate under a written Business Associate Agreement.
4.3 State Health-Privacy Laws
In addition to HIPAA, your use of the Services may be subject to state laws that regulate consumer health and biometric data, including but not limited to the California Confidentiality of Medical Information Act (CMIA), the California Consumer Privacy Act, as amended by the CPRA (the "CCPA"), the Washington My Health My Data Act, the Nevada Consumer Health Data Privacy Law (SB370), and analogous laws in Connecticut, Colorado, Virginia, Texas, Oregon, and other states. Where these laws apply, we will obtain any required consents, honor your rights to access, correct, delete, port, and withdraw consent, and provide any required notices. Specific rights and procedures are described in our Privacy Policy.
4.4 Use of Your Health Data to Provide the Services
By using the Services, you authorize Autonomic Health and its authorized service providers to:
Collect, transmit, store, and process your Health Data and other information to operate the Services, perform the ANS Test, deliver results to your Clinician, support clinical decision-making, and provide customer support.
Use your Health Data and account information to communicate with you about the Services, your test status, and other operational matters.
Retain your Health Data and other information for the time period required to provide the Services, comply with our legal obligations, resolve disputes, and enforce our agreements, as further described in Section 4.10.
4.5 Consent to Use of De-Identified Data for Research, Product Improvement, and AI Model Training
Autonomic Health's mission depends on understanding the autonomic nervous system at scale. To advance that mission, we may use de-identified and aggregated information derived from your use of the Services for research, product development, quality improvement, population health analytics, and the training, validation, evaluation, and improvement of our AI and machine learning models, including CAJAL and Autonomic AI (collectively, "Permitted Research and Model Use").
By accepting this Agreement, you acknowledge and consent that:
Autonomic Health may de-identify your Health Data and other information using methods that meet either the HIPAA Safe Harbor standard (45 C.F.R. § 164.514(b)(2)) or the HIPAA Expert Determination standard (45 C.F.R. § 164.514(b)(1)).
Once data is de-identified in accordance with HIPAA, it is no longer considered PHI and is not subject to HIPAA. Autonomic Health may use, retain, copy, modify, combine with other data, and share such de-identified data for any lawful purpose, including Permitted Research and Model Use.
Autonomic Health will not attempt to re-identify de-identified data, will require its service providers and partners to undertake similar commitments by contract, and will treat any data that becomes re-identifiable as PHI subject to HIPAA.
Autonomic Health may also use aggregated data, meaning information about groups of users that does not identify any individual.
De-identified and aggregated data may be retained indefinitely, including after you delete your account, because removing it from already-trained models or already-published research is not technically feasible.
Autonomic Health does not sell your personal information or your Health Data, and does not authorize third parties to use de-identified data derived from your Health Data to re-identify you.
IF YOU DO NOT WANT YOUR DATA USED THIS WAY. You may opt out of having your information de-identified for Permitted Research and Model Use at any time by emailing privacy@autonomichealth.ai. Opt-out applies prospectively and does not require us to remove information from models or research that have already used the data.
4.6 Identifiable Research Participation
From time to time, we may invite you to participate in research studies that use identifiable information, are sponsored by a third party, or are subject to oversight by an Institutional Review Board (IRB). Identifiable research participation requires your separate, opt-in informed consent. Your decision to participate or not participate will not affect your access to the rest of the Services.
4.7 Sharing Your Information
We share information only as described below and as further detailed in our Privacy Policy:
With Clinicians to enable interpretation of ANS Test results and delivery of Clinical Services.
With service providers such as cloud hosting, analytics, payment processors, and shipping vendors, who act on our behalf under written contracts that restrict their use of your information.
With Partners where you use the Services through a Partner under "Powered by Autonomic Health" branding, in which case the Partner may receive information necessary to provide their service to you, subject to a Business Associate Agreement and the Partner's own privacy notice.
For legal and safety reasons, such as to comply with law, respond to lawful requests from public authorities, protect the rights, property, or safety of Autonomic Health, our users, or others, or in connection with a corporate transaction such as a merger or acquisition.
With your direction or consent, such as when you direct us to share results with a healthcare provider or family member.
We do not sell your personal information or your Health Data, and we do not share your personal information or Health Data for cross-context behavioral advertising as those terms are defined under applicable state privacy laws.
4.8 Autonomic AI Chatbot Data
Conversations with Autonomic AI may be stored and used to improve model and service quality. Do not share sensitive personal identifiers (for example, Social Security numbers, insurance ID numbers, or payment-card details) in the chatbot. Health information shared in the chatbot is not automatically treated as PHI unless you are a patient in an Autonomic Health clinical program. We may use de-identified chatbot data for Permitted Research and Model Use as described in Section 4.5.
4.9 Data Ownership and License
As between you and Autonomic Health, you retain ownership of your personal information and Health Data. By using the Services, you grant Autonomic Health a worldwide, non-exclusive, royalty-free, fully paid-up license to use, host, store, transmit, reproduce, modify, create derivative works from, and display such information solely as needed to (a) operate, secure, and improve the Services, (b) deliver Clinical Services through the Clinician Portal, (c) comply with our legal obligations, and (d) carry out Permitted Research and Model Use on a de-identified or aggregated basis. This license does not authorize Autonomic Health to sell your personal information or to use your identified Health Data for advertising.
4.10 Data Retention and Deletion
We retain your information for the period necessary to provide the Services, comply with applicable medical-record retention laws, defend or resolve disputes, and meet our other legal obligations. Specific retention periods are described in our Privacy Policy. You may request access to or deletion of your personal information by emailing privacy@autonomichealth.ai or by using the in-product controls in your account.
When you delete your account, we will delete or de-identify your personal information within a commercially reasonable time, subject to longer retention where required by law (for example, medical records held by a Clinician or their professional entity), to maintain integrity of audit logs and security records, or to retain de-identified or aggregated data already incorporated into research outputs or trained AI models, which we may continue to use as described in Section 4.5.
4.11 Sensitive and Biometric Information
Some of the information we collect, including Health Data, biometric data, and information concerning health, may constitute "sensitive personal information," "sensitive data," or "consumer health data" under applicable state law. We use this information only for the purposes described in this Agreement and our Privacy Policy, and we do not use it for purposes that are inconsistent with the purposes for which it was collected without giving you notice and obtaining any required consent.
4.12 Minors
The Services are intended for users 18 years of age or older. If you are under 18, you may not use the Services without verifiable consent from a parent or guardian, and any such use must comply with the additional requirements set out in our Privacy Policy. We do not knowingly collect health or personal data from children under 13 without verifiable parental consent and we will delete such information if we learn we have collected it.
5. FDA Regulatory Disclosure
Autonomic Health uses an autonomic testing protocol that follows a clinically validated methodology originally implemented in an FDA-approved software-based medical device used by clinicians since 2006. Autonomic Health is not itself an FDA-approved or FDA-cleared company, and the at-home ANS Testing Service is not itself an FDA-cleared or FDA-approved medical device.
The following applies to users of the Services:
The ANS Test provides objective autonomic measurements that are intended to support, not replace, clinical evaluation.
The testing protocol follows an FDA-approved autonomic protocol originally developed for a clinic-based device. Autonomic Health licenses and follows this protocol but Autonomic Health and the at-home test are not themselves FDA-approved or FDA-cleared.
Autonomic AI, CAJAL, and the educational content on the Site and in the App are not FDA-regulated medical devices.
All clinical decisions arising from ANS Test results, including diagnosis and treatment, are made solely by the licensed Clinician through the Clinician Portal under their independent professional license.
6. Eligibility and User Accounts
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account or use the Services on your own behalf. By creating an account or using the Services, you represent and warrant that you meet this requirement and that the information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly at info@autonomichealth.ai of any unauthorized use of your account or other suspected security breach.
Autonomic Health may suspend or terminate accounts at its discretion for any violation of this Agreement, with or without notice.
7. ANS Test Waitlist
By joining the ANS Test waitlist, you agree that:
Joining the waitlist does not guarantee access to the ANS Testing Service or a specific timeline for access.
Your name, email, mobile phone number, and any health information you provide upon registration will be stored and used to notify you of availability and to personalize your onboarding.
You may request removal from the waitlist at any time by contacting privacy@autonomichealth.ai.
Waitlist data is handled in accordance with our Privacy Policy and Section 4 of this Agreement.
8. Partner and Enterprise Use (CloudANS)
If you access the Services as a healthcare organization, health system, telehealth provider, women's health platform, wearable manufacturer, SaaS platform, or other technology partner through CloudANS:
A separate Partner Agreement and Business Associate Agreement govern your use of CloudANS infrastructure, APIs, and data access.
You are solely responsible for ensuring that your use of CloudANS complies with HIPAA, applicable state health-privacy laws, and all other regulations governing patient data.
Autonomic Health may provide technical support, API documentation, and integration assistance under the terms of the applicable Partner Agreement.
Partners may not resell or sublicense CloudANS access without our prior written consent.
Partner experiences must retain visible Autonomic Health branding ("Powered by Autonomic Health") as set out in the Partner Agreement; Autonomic Health does not white-label its technology.
9. Fees, Payment, and Subscriptions
Certain Services are offered at no cost. Others, including the ANS Testing Service and CloudANS subscriptions, require payment of applicable fees ("Service Fees"). All Service Fees will be disclosed prior to purchase.
By completing a purchase, you authorize Autonomic Health (or its payment processor) to charge your selected payment method for the disclosed amount, applicable taxes, and any other charges you authorize. Except where required by law, Service Fees are non-refundable. Autonomic Health may, at its sole discretion, offer refunds or credits in limited circumstances.
If you sign up for a subscription, your subscription will renew automatically at the then-current rate at the end of each billing period unless you cancel before the renewal date. You may cancel through your account settings or by contacting info@autonomichealth.ai. Where required by law, including the California, New York, and other state automatic renewal statutes, we will provide notice of the renewal terms at sign-up and additional renewal reminders before charging you.
Autonomic Health may change pricing at any time with reasonable advance notice. Your purchase is not contingent on the delivery of any future functionality or features. Autonomic Health does not guarantee uninterrupted availability of the ANS Testing Service or other Services and is not liable for losses arising from service unavailability.
10. Acceptable Use
You agree not to use the Services in any manner that:
Violates any applicable local, state, national, or international law or regulation, including healthcare or privacy laws.
Infringes the intellectual property, privacy, publicity, or other rights of Autonomic Health or any third party.
Involves impersonating another person or misrepresenting your identity, qualifications, or affiliation.
Involves uploading or transmitting malicious code, viruses, or disruptive software.
Attempts to reverse engineer, decompile, disassemble, or extract source code from the Services, except to the extent expressly permitted by law.
Attempts to gain unauthorized access to our systems, databases, networks, or other accounts.
Uses automated tools (bots, scrapers, spiders) to access or collect data from the Services without our written permission.
Uses Autonomic AI or CAJAL output to make independent clinical decisions without licensed clinician oversight.
Involves submitting another person's health data without their express, informed consent.
Submits false, misleading, or fraudulent health information to the ANS Testing Service or any other component of the Services.
Uses the Services or the data derived from them to train, fine-tune, or otherwise develop a competing AI model, foundation model, or analytics product.
11. Intellectual Property
All content, software, algorithms, designs, trademarks, logos, datasets, and other materials made available through the Site, the App, the CloudANS platform, the ANS Testing Service, the Autonomic AI model, the CAJAL model, the autonomic testing protocol, and related clinical datasets are the property of Autonomic Health or its licensors and are protected by copyright, trademark, patent, trade-secret, and other intellectual property laws.
Subject to your compliance with this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, sell, or create derivative works from any content without our express written permission.
Autonomic Health, the Autonomic Health logo, CloudANS, Autonomic AI, ANS Test, and other product names are trademarks of Autonomic Health and may not be used without our prior written consent. CAJAL is a reference name and is not a trademark of Autonomic Health.
Feedback. If you provide us with feedback, suggestions, or ideas about the Services, you grant Autonomic Health a perpetual, irrevocable, royalty-free, sublicensable, transferable license to use that feedback for any purpose without obligation to you.
12. User-Submitted Content
You may submit messages, symptoms, files, ratings, and other content ("User Content") through the Services, including in Autonomic AI conversations and in messages to Clinicians. You retain ownership of your User Content. By submitting User Content, you grant Autonomic Health the rights described in Section 4.9 to operate the Services and, on a de-identified or aggregated basis, to carry out Permitted Research and Model Use.
You represent and warrant that you have the right to submit your User Content and that it does not violate any law or third-party right. We may, but are not obligated to, monitor User Content and may remove or refuse to display content that we believe violates this Agreement or applicable law.
13. Third-Party Services and Links
The Services may include integrations with, links to, or content from third parties, including wearable manufacturers, App Stores, payment processors, partner brands, and external websites. Autonomic Health does not control and is not responsible for third-party services, content, accuracy, security practices, or privacy practices. Your interactions with third parties are solely between you and them and are subject to their terms and policies.
14. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
AUTONOMIC HEALTH IS A TECHNOLOGY PLATFORM AND DOES NOT ITSELF PROVIDE MEDICAL DIAGNOSIS OR TREATMENT. ALL CLINICAL SERVICES ARE PROVIDED BY INDEPENDENT LICENSED CLINICIANS THROUGH THE CLINICIAN PORTAL, NOT BY AUTONOMIC HEALTH.
AUTONOMIC HEALTH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
AUTONOMIC AI AND CAJAL ARE EXPERIMENTAL AI TECHNOLOGIES AND MAY GENERATE INCORRECT, INCOMPLETE, OR MISLEADING INFORMATION. YOU SHOULD NOT RELY ON THEM FOR MEDICAL, LEGAL, OR SAFETY-CRITICAL DECISIONS. THEY ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED FOR DIAGNOSIS, TREATMENT, OR CLINICAL DECISION-MAKING.
NO INFORMATION PROVIDED THROUGH THE SERVICES CONSTITUTES MEDICAL ADVICE OR A CLINICAL DIAGNOSIS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTONOMIC HEALTH AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, HEALTH OUTCOMES, REVENUE, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AUTONOMIC HEALTH'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AUTONOMIC HEALTH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. In those jurisdictions, our liability will be limited to the greatest extent permitted by law.
16. Indemnification
You agree to indemnify, defend, and hold harmless Autonomic Health, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or relating to: (1) your use of the Services; (2) your violation of this Agreement; (3) your violation of any applicable law or the rights of any third party; or (4) any misuse of health data or clinical information obtained through the Services.
17. Changes to this Agreement
Autonomic Health may update or modify these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms on the Site, providing in-App notice, or sending email or other reasonable notice, and we will update the "Last Updated" date. Your continued use of the Services after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
18. Termination
Autonomic Health may suspend or terminate your access to the Services at any time, for any reason, with or without notice, including if we reasonably believe you have violated this Agreement. You may stop using the Services and delete your account at any time.
Upon termination, all rights granted to you under this Agreement will immediately cease. Provisions that by their nature should survive termination, including those addressing intellectual property, the licenses granted to Autonomic Health to use de-identified data, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.
19. Governing Law and Dispute Resolution
19.1 Governing Law
This Agreement is governed by the laws of the State of New York, without regard to its conflict-of-law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 19.
19.2 Informal Resolution
Before filing any claim against Autonomic Health, you agree to try to resolve the dispute informally by contacting us at legal@autonomichealth.ai with a written description of the dispute. If we cannot resolve the dispute within sixty (60) days of receipt of your notice, you or Autonomic Health may proceed under Section 19.3.
19.3 Binding Arbitration
Except for claims for injunctive or equitable relief, claims regarding intellectual property rights, or claims that may be brought in small-claims court, any dispute, controversy, or claim arising out of or relating to this Agreement or the Services will be resolved by final, binding arbitration administered by the American Arbitration Association (the "AAA") in New York, New York, in accordance with the then-current AAA Consumer Arbitration Rules. The arbitrator's decision may be entered as a judgment in any court of competent jurisdiction.
19.4 Class Action Waiver
YOU AND AUTONOMIC HEALTH 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 PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
19.5 Right to Opt Out of Arbitration
You may opt out of the arbitration provisions in Sections 19.3 and 19.4 by sending written notice to legal@autonomichealth.ai within thirty (30) days of first accepting this Agreement, with the subject line "Arbitration Opt-Out" and including your name, account email, and a clear statement that you wish to opt out.
19.6 Time Limitation
Any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues; otherwise, it is permanently barred, unless a longer period is required by law.
20. General Provisions
Entire Agreement. This Agreement, together with our Privacy Policy and any applicable Partner Agreement, Business Associate Agreement, or Clinician Terms of Use, constitutes the entire agreement between you and Autonomic Health regarding the Services and supersedes any prior agreements on the same subject.
Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full force and effect.
Waiver. Our failure to enforce any provision is not a waiver of future enforcement of that or any other provision.
Assignment. Autonomic Health may assign its rights and obligations under this Agreement without restriction. You may not assign your rights without our prior written consent. Any unauthorized assignment is void.
Electronic Communications. You consent to receive communications from Autonomic Health electronically, which satisfies any legal requirement that such communications be in writing.
Headings. Section headings are for convenience only and do not affect the interpretation of this Agreement.
Force Majeure. Autonomic Health is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or power outages.
Export Compliance. You agree to comply with all applicable export-control laws, trade sanctions, and regulations when accessing or using the Services. You represent that you are not located in, or a national of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country.
Government Use. If you are a U.S. federal, state, or local government entity using the Services in your official capacity, the Services are "commercial items" as defined in 48 C.F.R. § 2.101 and are licensed to you with only those rights set out in this Agreement.
Notices. Notices to Autonomic Health must be sent to legal@autonomichealth.ai. Notices to you may be sent to the email address associated with your account or posted on the Site or in the App.
21. Contact Us
If you have questions about these Terms or the Services, contact us at:
Autonomic Health
Email: info@autonomichealth.ai
Privacy: privacy@autonomichealth.ai
Legal: legal@autonomichealth.ai
Website: https://www.autonomichealth.ai
END OF TERMS OF SERVICE