Terms of Use

Effective Date: December 30, 2024
Last Updated: December 30, 2024
Version: 2.0.1

1. Acceptance of Terms

By downloading, installing, or using AskHealth AI ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

2. Beta Testing Program

TestFlight Distribution

AskHealth AI is currently distributed through Apple's TestFlight program for beta testing purposes. By participating:

• You acknowledge this is pre-release software that may contain bugs or errors
• Features may change, be added, or removed without notice
• The App may be discontinued at any time
• You are part of a limited group of invited testers

No Payment During Beta

• All subscription features are tested using Apple's sandbox billing environment
• No real money is charged during TestFlight testing
• Subscription states and entitlements are for testing purposes only

3. User Accounts

Account Creation

• You must create an account to use the App
• Each user receives a unique user identifier
• Anonymous usage is not supported
• You are responsible for maintaining the security of your account

Account Data

We store the following account-related information:

• Your user identifier
• Conversation identifiers for session continuity
• Subscription/entitlement state (for testing purposes)
• Usage metrics including turn counts

4. Medical Disclaimer and Limitations

NO MEDICAL ADVICE

• The App does not provide medical advice, diagnosis, or treatment
• AI responses are for wellness coaching and educational purposes only
• Always consult qualified healthcare professionals for medical concerns
• Never disregard professional medical advice based on App content

AI LIMITATIONS

• AI responses may contain errors, inaccuracies, or outdated information
• AI cannot replace human medical judgment or professional healthcare
• AI responses are based on general wellness principles, not your specific medical history

5. Service Description

Core Functionality

AskHealth AI provides:

• Conversational AI wellness coaching
• Health data analysis from Apple HealthKit (with your permission)
• Persistent conversation awareness across sessions

Usage Limits

• The App implements turn limits (daily or per-period caps)
• These limits may affect your ability to interact with the AI coach
• Limits may be adjusted during the beta testing period

AI Processing

• Your queries are processed using cloud-based AI services provided by OpenAI
• Data sent to AI services is used solely to generate your coaching responses
• Per OpenAI's API data usage policy, data sent via their API is not used to train their public AI models
• Health data is sent to AI services for analysis and response generation

6. User Responsibilities

Appropriate Use

You agree to use the App only for:

• Personal wellness and fitness tracking
• Educational health information
• General wellness coaching and motivation

Prohibited Use

You agree NOT to use the App for:

• Medical diagnosis or treatment decisions
• Emergency medical situations
• Replacing professional medical care
• Making medication decisions
• Treating serious health conditions
• Any unlawful purpose

Health Data Accuracy

• You are responsible for the accuracy of health data you provide
• Inaccurate data may result in inappropriate AI responses
• Always verify health metrics with medical-grade devices when accuracy is critical

7. Data Storage and Retention

What We Store

To provide the conversational coaching experience, we store:

• Your user identifier
• Conversation identifiers
• Conversation history and summaries (to maintain context across sessions)
• Entitlement/subscription state
• Turn counts and usage metrics

Health Data

• Raw health metrics from HealthKit are processed temporarily and not permanently stored on our servers
• Derived insights or summaries may be retained as part of your conversation history

How Long We Store It

• Conversation data is retained to provide continuity in your coaching experience
• Data retention policies may change; we will notify you of significant changes
• You may request deletion of your data by contacting us

Where Data Is Stored

• Data is stored on cloud servers (AWS infrastructure)
• Data is transmitted securely using encryption

8. Subscriptions and Billing

Beta Testing Period

• During TestFlight beta, all billing uses Apple's sandbox environment
• No real charges are made to your payment method
• Subscription features are for testing the user experience only

Entitlement States

• Your access level may change based on subscription state (free, subscribed, canceled)
• Entitlement changes affect available features and usage limits

Future Billing

• If the App launches publicly, real billing will be implemented
• You will be clearly notified before any real charges apply
• Updated terms will be provided before public launch

9. Limitation of Liability

NO WARRANTIES

The App is provided "AS IS" without warranties of any kind, express or implied, including but not limited to:

• Accuracy of AI responses
• Fitness for medical purposes
• Uninterrupted or error-free operation

BETA SOFTWARE DISCLAIMER

As beta software:

• Bugs, crashes, and data loss may occur
• Features may not work as expected
• The App may become unavailable without notice

LIABILITY LIMITATIONS

To the maximum extent permitted by law, AskHealth AI and its developers shall not be liable for:

• Any health-related decisions made based on App content
• Injuries, illnesses, or health complications
• Inaccurate, incomplete, or outdated AI responses
• Technical failures or data loss
• Any direct, indirect, incidental, or consequential damages

MAXIMUM LIABILITY

In no event shall our total liability exceed the amount you paid for the App (if any) in the 12 months preceding the claim. During beta testing, this amount is zero.

10. Security

Beta Security

As pre-release software, security features are still under development. We implement reasonable measures to protect your data, but cannot guarantee complete security during the beta period.

Your Responsibility

• Keep your device secure
• Do not share your account access with others
• Report any security concerns to us immediately

11. Privacy

Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your information. Key points:

• We store conversation history to provide coaching continuity
• Raw health data is processed temporarily; derived summaries may be retained
• Data sent to AI services is not used to train public AI models
• We do not sell your data
• We do not display ads
• We do not track you across apps or websites

12. Intellectual Property

App Ownership

AskHealth AI, including all content, features, and functionality, is owned by the developer and protected by copyright, trademark, and other intellectual property laws.

User License

You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes during the beta testing period.

13. Modifications and Termination

Terms Updates

We may modify these Terms at any time. Continued use of the App after changes constitutes acceptance of new Terms. We will notify you of significant changes.

Service Changes

We reserve the right to:

• Modify or discontinue App features
• Update AI models and responses
• Change usage limits
• Terminate the beta program
• Require updated terms acceptance

User Termination

You may stop using the App at any time. We may terminate your access for violation of these Terms or at our discretion during the beta period.

14. Indemnification

You agree to indemnify and hold harmless AskHealth AI and its developers from any claims, damages, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your health-related decisions based on App content
• Any inaccurate health data you provide

15. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Washington, United States, without regard to conflict of law principles.

Informal Resolution

Before initiating formal proceedings, you agree to contact us to attempt informal resolution.

Arbitration

Any disputes shall be resolved through binding arbitration rather than court proceedings, except for:

• Small claims court matters
• Intellectual property disputes
• Emergency injunctive relief

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class action lawsuits.

Consumer Protection

Nothing in these Terms limits any rights you may have under applicable consumer protection laws that cannot be waived by contract.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

17. Contact Information

For questions about these Terms:

Email: support@askhealth-ai.com

18. Acknowledgment

By using AskHealth AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and understand:

• This is beta software with limitations
• The App is for wellness coaching only, not medical advice
• Your conversation data is stored to provide service continuity