Terms of Service

Effective date: January 1, 2025

1) Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the OurHealthcareConcierge websites, SMS/chat tools, AI triage, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2) Not Medical or Emergency Care

Our AI triage provides information for educational purposes and workflow support. It is not a substitute for professional medical advice, diagnosis, or treatment. In an emergency, call 911 (or your local emergency number) immediately. Clinical care is provided only by licensed clinicians, where available and subject to state licensure and clinical judgment.

3) Eligibility & Accounts

4) Acceptable Use

  • Use the Services only for lawful purposes and as intended (triage, navigation, and care coordination).
  • No scraping, reverse engineering, disrupting, or circumventing security or access controls.
  • No uploading of viruses, malware, or content that infringes, harasses, or violates others’ rights.
  • No automated or bulk use that degrades performance without prior written consent.

5) AI Guidance & Limitations

AI outputs may be inaccurate or incomplete. We implement guardrails and quality controls, but you should verify important information with a clinician. We may review de-identified interactions to improve safety and quality.

6) Telehealth & e-Prescribing

  • Virtual visits are provided by licensed clinicians where available and at their independent clinical judgment.
  • Prescriptions (including refills) may be issued only when medically appropriate and legal in your state.
  • Some medications (e.g., controlled substances) may be restricted by law or policy.
  • You are responsible for providing accurate pharmacy and allergy information.

7) Payments, Insurance & Fees

  • We may charge fees for Services (e.g., clinician consults). Prices will be shown before purchase.
  • Coverage varies by plan; estimates are not guarantees. You are responsible for copays, coinsurance, or non-covered amounts.
  • Employer/broker contracts may define additional commercial terms; those terms govern in case of conflict.

8) Privacy, PHI & Security

We process personal and health information in accordance with our Privacy Policy. For eligible customers, we may execute a Business Associate Agreement (BAA). We employ technical and organizational measures (encryption, access controls, logging) to protect data; however, no method is 100% secure and we cannot guarantee absolute security.

9) Communications & SMS

By providing your contact information, you consent to receive service-related communications (including SMS) about triage, appointments, and follow-ups. You can opt out of non-essential messaging; transactional or safety notices may still be sent.

10) Third-Party Services

The Services may integrate with third-party systems (e.g., payers, pharmacies, telehealth platforms). We are not responsible for third-party content, availability, or practices. Separate terms may apply.

11) Intellectual Property

The Services, including software, content, trademarks, and visual designs, are owned by OurHealthcareConcierge or its licensors. You may not copy, modify, create derivative works, or exploit the Services except as expressly permitted.

12) Feedback

If you submit feedback or suggestions, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

13) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OurHealthcareConcierge AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

15) Indemnification

You agree to defend, indemnify, and hold harmless OurHealthcareConcierge and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your breach of these Terms, or your violation of law or third-party rights.

16) Governing Law & Dispute Resolution

These Terms are governed by the laws of the state specified in your order form or, if none, the State of Delaware, excluding its conflict of law rules. Any dispute will be resolved through good-faith negotiations. If unresolved, the parties agree to binding arbitration on an individual basis, and waive class actions and jury trials to the extent permitted by law. You may have specific rights that cannot be waived in your jurisdiction.

17) Changes to the Services or Terms

We may modify the Services or these Terms at any time. Material changes will be posted on this page with an updated effective date. Your continued use after changes becomes effective constitutes acceptance. If you do not agree, you must stop using the Services.

18) Termination

We may suspend or terminate access if we reasonably believe there is a violation of these Terms, a security risk, or a risk to patient safety. Upon termination, your right to use the Services ceases immediately; sections intended to survive (e.g., IP, disclaimers, limits, indemnity) will continue to apply.

19) Contact

Questions about these Terms? Email legal@OurHealthcareConcierge.com.