Terms of Use

Last updated October 25, 2019

Effective Date: April 2019

Introduction

This website (www.enarahealth.com) and associated mobile applications, owned and operated by Enara Health Inc., a Delaware corporation, provides information, education, and services to users. Minors require parental or guardian consent before using the Website.

Acceptance

By accessing and using the Website, you agree to be bound by these Terms of Use. The Company may revise these terms at any time by posting updates and emailing notice to your last provided address. Continued use after updates constitutes acceptance of revised terms.

Electronic communications from the Company (email, phone, text, website notices) satisfy all legal requirements for written communication.

Eligibility

You must be at least 16 years old and possess legal capacity to enter agreements. You are responsible for understanding your local laws regarding content legality and for complying with this Terms of Use and the Privacy Policy.

Customer Privacy

The Company maintains privacy of personal information according to its Privacy Policy, which describes how information may be used and disclosed.

Code of Conduct

You agree not to:

  • Use false identities, impersonate others, or engage in unauthorized credit card use
  • Post unlawful, defamatory, obscene, fraudulent, harassing, or abusive information
  • Infringe intellectual property or privacy rights
  • Disrupt services through viruses, denial-of-service attacks, flooding, or spamming
  • Upload unsolicited advertising or solicitation
  • Attempt unauthorized access through hacking or password mining
  • Use automated tools to scrape or access the website
  • Harvest personal information about others
  • Reverse engineer, decompile, or derive source code

Enara Health AI Use for Clinical Insights & Workflow Optimization

AI Use for Clinical Insights

Enara Health uses AI-driven tools to analyze clinical data including medical records, visit notes, patient history, and lab results to:

  • Identify clinical patterns and trends for personalized care
  • Suggest workflow optimizations for more effective treatment
  • Assist in care coordination by flagging follow-ups and medication interactions
  • Provide clinical decision support based on aggregated patient information

Provider Oversight & Non-Autonomous Decision-Making

  • AI-generated insights serve as supplemental tools and do not replace clinical judgment
  • Providers maintain full control and must review all AI-generated suggestions before acting
  • AI does not diagnose, prescribe, or make independent medical decisions

Privacy, Security, and Use Restrictions

  • Analysis occurs exclusively within Enara Health’s secure, HIPAA-compliant systems
  • Identifiable data is never shared outside Enara Health’s ecosystem for commercial or marketing purposes
  • De-identified data may be used to improve AI models and enhance clinical insights

Patient Consent & Transparency

By using Enara Health’s services, you consent to AI-driven tools for clinical insights and workflow optimization. The policy may be updated as technology advances.

User Rights & Contact Information

For questions about AI use or data processing rights, contact Enara Health’s Privacy Office at privacy@enarahealth.com.

Customer Account

Registration is optional but required for certain services. You represent that all registration information is truthful and accurate, and you will maintain its accuracy.

You are responsible for maintaining confidentiality of your login credentials and all activities under your account. Notify the Company immediately of unauthorized use or security breaches. The Company is not liable for losses from your failure to comply with account security requirements.

You may delete your account anytime by following website instructions. The Company may suspend or terminate accounts for Terms of Use violations.

SMS Program Terms

By opting into the SMS program, you agree to receive messages regarding appointment reminders, health information, and marketing:

  • Message Frequency: Recurring messages; frequency varies by interaction level
  • Opt-Out: Reply STOP to any message. You’ll receive one confirmation message, then no further messages unless you re-subscribe
  • Help: Reply HELP or contact legal@enarahealth.com
  • Carriers: Company is not responsible for carrier-related delays or failures
  • Rates: Standard message and data rates apply per your mobile carrier’s plan
  • Privacy: SMS messages do not include Protected Health Information (PHI). Opt-in data is not shared with third parties for marketing. See Privacy Policy for details.

Termination

Right to Termination: The Company reserves the right to refuse service, modify or discontinue the Website, suspend or terminate accounts, and delete uploaded content for Code of Conduct violations or any reason without notice.

The Company may cooperate with legal authorities and disclose information as required by law or governmental request. It reserves the right to edit, refuse, or remove information in its sole discretion.

Right to Remedies: You agree that violations constitute unlawful and unfair business practices causing irreparable harm. You consent to the Company obtaining injunctive or equitable relief, which is in addition to other available remedies.

Right to Monitor: Although the Company does not actively monitor general website use under normal circumstances, it reserves the right to monitor at any time and remove illegal or Terms-violating materials.

Disclaimer

Nature of Content

The Website Content is educational and informational only, not medical or psychological advice, diagnosis, treatment, or guarantee. The Website does not establish any professional relationship or doctor-patient relationship. Even licensed professionals providing information are limited to education, not clinical services.

Company Is Not a Medical Provider

“Information provided on this Website is not a substitute for medical diagnosis, advice,…” The Company does not provide medical, psychological, or healthcare services. You must consult appropriate licensed providers before seeking treatment or altering medical care.

If you think you have a medical emergency, call 911 immediately. Never disregard medical advice from your healthcare provider based on Website information.

Crisis Resources

If in crisis, contact:

  • National Suicide Hotline: 800-273-8255
  • National Domestic Violence Hotline: 800-799-7233
  • National Child Abuse Hotline: 800-422-4453

The Company provides informational and educational resources only and does not operate a 24-hour medical emergency hotline.

Testimonials and Endorsements

Testimonials posted are for informational purposes only. The Company does not claim that users will experience similar results. Results vary by individual and do not constitute guarantees or warranties.

No Guarantee or Warranty

The Company disclaims liability for treatment or action following Website information. While reasonable efforts are made to provide quality information, no guarantees are provided regarding accuracy or completeness.

“The Website is provided on an ‘as is’ and ‘as available’ basis.” The Company disclaims all implied warranties including merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. If applicable law requires warranties, they are limited to 30 days from first use.

The Company does not guarantee the Website will meet your requirements, be uninterrupted or error-free, or be free of viruses or harmful code.

The Website neither offers nor constitutes legal advice. The Company makes no guarantees about rights or obligations under federal, state, or other laws. It provides no legal representation or certification of rights.

No Credentialing

The Company is merely a directory of practitioners and does not certify, credential, screen, background-check, or endorse any practitioner. Inclusion does not imply recommendation or validation. The Company may receive fees from practitioners for platform use.

The Company is not liable for negligent credentialing, supervision, or practitioner negligence. Practitioner opinions do not reflect Company opinions.

“You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care.” You assume all risk of any course of action based on information received.

Intellectual Property

Limitation of Liability

The Company is not liable for any damages (direct, indirect, incidental, special, consequential, exemplary, punitive, lost profits, lost data, business interruption, personal injury, or wrongful death) arising from Website use, whether based on warranty, contract, tort, or other legal theories, even if advised of the possibility of such damages.

Your sole and exclusive remedy for any cause or claim is limited to the amount you paid for products or services from the Company. Claims must be brought within one year of the event. You waive any right to participate in class action suits.

All Website Content is copyrighted by the Company or its third-party suppliers and protected by U.S. and international copyright laws.

You may download and print information for personal use, keeping all copyright and other notices intact. You may not modify, copy, distribute, reproduce, sell, or license any Website Content without prior written authorization.

You may not link to the Website from unlawful, abusive, obscene, violent, racist, libelous, or defamatory sites. The Company reserves the right to terminate links it deems inappropriate.

Unauthorized use terminates your license to use the Website. The Company does not warrant that Website Content will not infringe third-party rights.

Your use of Website Content beyond personal use may require licenses from rights owners. The Company is not responsible for ownership rights claims.

If you believe Website Content violates your intellectual property rights under 17 U.S.C. § 512(c)(2), notify the Company immediately at tou@enarahealth.com with all specifics.

You must provide the Company’s copyright agent with:

(a) Physical or electronic signature of authorized person (b) Identification of copyrighted work claimed infringed (c) Identification of infringing material and location information (d) Contact information reasonably sufficient to contact complaining party (e) Statement that complaining party has good-faith belief use is unauthorized (f) Statement under penalty of perjury that complaining party is authorized to act

The Company terminates Customer Accounts of infringement violators. Misrepresentations in written notifications subject the complaining party to liability for damages, costs, and attorney’s fees.

Trademarks and Service Marks

Certain trademarks on the Website belong to the Company, practitioners, or other licensees. All page headers, graphics, and button icons are the Company’s service marks, trademarks, logos, or trade dress. You may not use these without prior written authorization.

Ownership of Information Submitted

Personal Information submitted will be maintained per the Privacy Policy. All other information transmitted via the Website (“Transmitted Information”) becomes the sole property of the Company and may be used for any purpose, including reproduction, disclosure, publication, and posting (“Outbound Communications”).

The Company will de-identify information relating to health or health concerns in Outbound Communications by not disclosing your name or email. To create additional safeguards, do not disclose identifying information when corresponding with the Company.

The Company is free to use any ideas, concepts, or techniques contained in communications for any purpose, including developing and marketing products. The Company is not obligated to provide records of Transmitted Information to any party.

The Company is not responsible for information submitted by other users. Interactions between users are solely their responsibility. The Company is not responsible for disputes between users.

Third-Party Content

No Statement as to Accuracy

The Company has no editorial control over third-party content. Opinions and information provided by third parties are those of the third parties, not the Company. The Company does not represent or endorse the accuracy or reliability of third-party information.

The Website may contain hyperlinks to other sites not owned or operated by the Company. These are provided for convenience only. The Company does not control, is not responsible for, and does not endorse these sites.

The Company is not liable for content, products, services, or actions resulting from linking to third-party websites. Your reliance on third-party information is at your own risk. Review specific terms and privacy policies of third-party sites.

The Company is not obligated to maintain any link and may remove links at any time in its sole discretion. The Company is not responsible for privacy practices of other websites.

Miscellaneous Terms

CAN-SPAM Act Compliance

The Company is committed to complying with the CAN-SPAM Act. If you receive non-compliant email, contact legal@enarahealth.com immediately.

You may unsubscribe or opt-out of email communications at any time. However, you cannot opt-out from all Company communications while remaining a registered user or subscriber. Opting out while remaining a user will make you ineligible for services.

Export

Services are subject to U.S. export controls. You agree to comply with export controls, represent that you are not in a sanctioned country or a prohibited person, and agree not to export, re-export, or transfer U.S. technical data in violation of export laws.

Entire Agreement

This Terms of Use constitutes the sole agreement between you and the Company regarding Website use. No oral or written representations not contained herein are binding.

Severability

If any part cannot be enforced due to conflict with state or federal law, that part will be replaced with terms most closely matching its intent to the extent permitted by law. Invalidity of one part does not affect remaining provisions.

No Assignment

You may not assign, transfer, or delegate rights or obligations without prior written consent. The Company may freely assign or delegate all or part of these terms and duties. This Agreement binds all parties and their successors.

No Waiver

Failure to exercise or delay in exercising any right, or failure to insist upon strict performance, does not constitute waiver. Waivers are only valid if in signed writing. Company waivers of one right do not waive other rights or future enforcement.

Jurisdiction

These Terms of Use are governed by the laws of the State of California and controlling U.S. Federal Law without regard to conflicts of law provisions.

Arbitration

All disputes arising out of or relating to this Agreement shall be resolved through mandatory binding arbitration in San Mateo County, California. “No class or representative court action or jury trial is permitted.”

Disputes shall be resolved according to American Arbitration Association (AAA) rules. Before initiating arbitration, send notice to legal@enarahealth.com. Disputes must be initiated within one year of occurrence.

Disputes may only be resolved through individual arbitration and cannot be brought as class actions or representative proceedings. You agree there is no right to a jury trial. Both parties must keep disputes confidential to the maximum extent permitted by law.

If any part of the arbitration agreement is invalid, it shall be severed and the rest remains valid.

General

Company performance is subject to interruption and delay due to causes beyond its reasonable control including acts of God, government, war, civil disorder, fire, power failure, equipment failure, labor disputes, and inability to obtain necessary supplies.

If any provision is determined invalid or unenforceable, it shall be deemed omitted and remaining provisions continue in full force. This Agreement may be modified only in writing authorized by the Company.

Survival

The following provisions survive termination: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.

Assumption of Risks; Indemnification

You freely assume all risks (psychological and emotional, foreseeable or not) relating to Website access and activities. You assume personal responsibility for any injury, illness, damage, loss, claim, liability, or expense arising from Website use.

By viewing the Website, you fully release, indemnify, and hold harmless the Company (including costs and attorney’s fees) from claims or liability for damage or injury (personal, financial, emotional, psychological, or otherwise) arising from:

(a) Your use of or reliance on Website information (b) Your violation of these Terms of Use or applicable laws (c) Any content you uploaded

The Company may assume exclusive defense and control of disputes at your expense. You must cooperate with the Company’s defense and not settle without prior written consent. The Company will use reasonable efforts to notify you of claims.

You confirm that damages from Company acts or omissions are not irreparable and do not entitle you to injunctive relief preventing exploitation of any Company property, product, program, or content.

By accessing this Website, you may be waiving unknown or unsuspected claims. As a California resident, you expressly waive the benefits of California Civil Code Section 1542 and similar laws, which state: “A general release does not extend to claims which the creditor does not know or suspect to exist…”

Contact Us

For questions or concerns about these Terms of Use, contact:

Enara Health, Inc. 3050 South Delaware St. Suite #130 San Mateo, CA 94403 (650) 319-8654 legal@enarahealth.com

The Company will attempt to respond to questions or concerns promptly.