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TERMS OF SERVICE

1. Binding Agreement

By interacting with HealthRec1 at https://www.healthrec1.com, you are entering into a legal contract. Accessing our portal signifies that you have reviewed and consented to these Terms of Service. These conditions govern the relationship between you and HealthRec1, providing the framewo.rk for your use of our digital tools. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and HealthRec1

2. Scope of Our Services

2.1 What HealthRec1 Provides HealthRec1 is a secure, patient-controlled platform that allows you to store personal health records electronically, manage your health information, access records from any device, and control access.

2.2 What HealthRec1 Does NOT Provide HealthRec1 is NOT a healthcare provider, source of medical advice, diagnosis, or substitute for professional medical care. Always consult qualified healthcare professionals.

2.3 Zero-Knowledge Architecture (At-Rest Encryption) Your health records are encrypted before storage and while at rest on our servers using zero-knowledge architecture. This means HealthRec1 cannot access, view, or read your stored records in their encrypted state, and our personnel do not have standing access to your unencrypted health information.

2.4 AI-Powered Features and Temporary Data Processing To provide certain features — including AI Health Chat, Appointment Transcription, and AI-generated summaries — HealthRec1 must temporarily decrypt and process the specific health information relevant to that feature. This is different from our at-rest storage model, and by using these features, you expressly consent to this temporary processing. Specifically:

  • What is processed: When you use AI Health Chat, the platform accesses relevant portions of your stored health records (and, where applicable, publicly available web information) to generate a response to your question. When you use Appointment Transcription, the audio recording you provide is processed to generate a transcript, which is then analyzed to produce a summary of diagnoses, follow-ups, and key takeaways.

  • How it's processed: This processing may occur using HealthRec1's own systems and/or third-party AI service providers (e.g., third-party language model or transcription providers). Data sent to third-party providers is transmitted securely and is subject to that provider's data handling and retention terms, which may differ from ours.

  • Duration and scope: Decryption for AI processing is limited to the specific data needed to fulfill your request and is not a permanent or standing change to your zero-knowledge storage. Processed data (such as chat responses or transcripts) may be stored in your account, encrypted at rest like other records, unless you delete it.

  • Your consent and control: By initiating an AI Health Chat query or recording an appointment for transcription, you affirmatively consent to the temporary decryption and processing described above. You may decline to use these features, and doing so has no effect on your ability to use HealthRec1's core record storage and management functions.

  • Not medical advice: AI-generated responses, summaries, and transcripts are provided for informational and organizational purposes only. They are not medical advice, diagnosis, or treatment recommendations, may contain errors or omissions, and should not be relied upon in place of consulting a qualified healthcare professional.

2.5 Interaction with Zero-Knowledge Claims References elsewhere in these Terms (including Section 18) to HealthRec1's inability to "access" your records refer to your records' encrypted, at-rest state and to HealthRec1's lack of standing access absent your action. They do not apply to data you actively submit for processing through AI-powered features, as described in Section 2.4.

2.6 Regulatory Status and Health Data Disclosures HealthRec1 is a consumer-controlled, patient-directed platform. HealthRec1 is not a healthcare provider, health plan, or healthcare clearinghouse, and in most circumstances does not act as a "covered entity" or "business associate" under the Health Insurance Portability and Accountability Act (HIPAA). As a result, health information you store using HealthRec1 may not be protected under HIPAA in the same manner as records held by your doctor, hospital, or insurer.

Notwithstanding the above, HealthRec1 is subject to applicable state consumer health data laws, including but not limited to laws such as Washington's My Health My Data Act and similar statutes in other states, as well as the California Consumer Privacy Act/California Privacy Rights Act (CCPA/CPRA) where applicable. In accordance with these laws, HealthRec1:

  • Will not sell your health data without your explicit authorization;

  • Will obtain your consent before collecting or processing health data beyond what is necessary to provide the Service;

  • Will honor your right to withdraw consent and to request deletion of your health data, subject to Section 5.7 (Data Export and Portability) and applicable record-keeping requirements; and

  • Will provide additional disclosures specific to your state of residence in our Privacy Policy where required by law.

3. Eligibility and Account Registration

3.1 Age Requirement You must be at least 18 years old to use HealthRec1 or have parental consent.

3.2 Account Creation You must provide accurate information, a unique username and password, and a valid email.

3.3 Account Security You are responsible for your credentials and all activities occurring under your account.

3.4 Data Security We implement industry-standard security measures to protect the platform. However, no system is completely secure from all threats, and you acknowledge the inherent risks of storing information electronically. You are responsible for using strong passwords and secure devices, and we are not liable for unauthorized access resulting from your failure to maintain adequate account security.

3.5 Account Termination You may delete your account at any time. We may terminate accounts for violations of these Terms, or suspend or terminate accounts that remain inactive for extended periods, with prior notice to the email address on file.

3.6 Family and Multi-User Accounts HealthRec1 permits an adult account holder ("Primary Account Holder") to create, manage, and store health records on behalf of family members, including a spouse, domestic partner, dependent minor children, or other individuals for whom the Primary Account Holder has legal authority to manage health information (e.g., as a parent, legal guardian, or authorized healthcare proxy/power of attorney).

By adding a family member's records to your account, you represent and warrant that you have the legal right and authority to access, store, and manage that individual's health information. HealthRec1 is not responsible for verifying the legal relationship or authority between account holders and the individuals whose records they manage, and you agree to indemnify HealthRec1 for any claims arising from unauthorized management of another person's health data under your account, consistent with Section 12 (Indemnification).

If a family relationship changes (e.g., divorce, separation, a dependent reaching the age of majority, or loss of guardianship/authority), the Primary Account Holder is solely responsible for promptly removing or transferring access to that individual's records. HealthRec1 does not independently monitor or verify changes in family or legal relationships.

3.7 Minors' Health Data While a HealthRec1 account may only be created by an individual who is at least 18 years old (or with parental consent, as stated in Section 3.1), the Service is designed to allow a parent or legal guardian to store and manage health records on behalf of a minor dependent. By storing a minor's health information, the Primary Account Holder represents that they are the minor's parent or legal guardian, or are otherwise legally authorized to manage the minor's health information. HealthRec1 does not knowingly permit minors to independently create accounts or interact directly with the Service.

4. Acceptable Use Policy

4.1 Permitted Uses Storing, organizing, and sharing your personal health records.

4.2 Prohibited Uses Illegal activities, unauthorized data access, hacking, server disruption, or harassment.

4.3 Consequences Violations may lead to account suspension or legal prosecution.

5. User Content and Data

5.1 Ownership You retain all ownership rights to the health records you store.

5.2 License You grant us a limited license to store and transmit your encrypted data to provide the Service.

5.3 Monitoring We do not monitor internal content due to encryption but monitor account activity for security.

5.4 Security Incident and Data Breach Notification In the event HealthRec1 becomes aware of a security incident that compromises the confidentiality, integrity, or availability of your unencrypted or identifiable health information, we will notify affected users without unreasonable delay and in accordance with applicable law, including any state-specific breach notification timelines. Notification will be provided via the email address associated with your account and/or through an in-app notice, and will describe, to the extent known, the nature of the incident, the data involved, and steps you can take to protect yourself.

5.5 Data Export and Portability You may export a copy of your stored health records at any time through the Service's export feature, in a commonly used format. You are responsible for maintaining your own backup of exported data. If you close or delete your account, HealthRec1 will provide a reasonable opportunity to export your data beforehand; after account deletion, your data (including AI-generated transcripts and summaries) will be deleted in accordance with our Privacy Policy and will not be recoverable. This is especially important if your account is terminated or suspended under Section 3.5 — you should export your data promptly, as access may be removed without an extended grace period.

6. Intellectual Property Rights

6.1 Ownership HealthRec1 owns platform code, trademarks, branding, and documentation.

6.2 Restrictions You may not copy, hack, or remove copyright notices.

6.3 Feedback Suggestions can be implemented by us without compensation to you.

7. Payment Terms

7.1 Pricing Displayed on our website and subject to change with notice.

7.2 Billing Subscriptions are billed in advance; recurring charges are authorized.

7.3 Refunds Provided at our discretion; generally no partial subscription refunds.

7.4 Auto-Renewal Disclosure If you subscribe to a paid plan, your subscription will automatically renew at the end of each billing period (monthly or annual, as selected) at the then-current price, unless you cancel before the renewal date. We will provide notice before any renewal involving a price increase, as required by applicable law. You authorize us to charge your designated payment method on a recurring basis until you cancel.

7.5 Cancellation You may cancel your subscription at any time through your account settings or by contacting support@healthrec1.com. Cancellation will take effect at the end of your current billing period, and you will retain access to paid features through that period. Consistent with Section 7.3, we do not provide partial-period refunds for cancellations made mid-cycle, except where required by law.

8. Service Availability and Modifications

8.1 Availability We do not guarantee uninterrupted or error-free access.

8.2 Maintenance We may perform scheduled or unscheduled maintenance.

8.3 Modifications We reserve the right to modify features or discontinue the Service.

9. Third-Party Services and Links

9.1 Integrations Integrations with cloud storage, payment processors, and analytics.

9.2 Links We are not responsible for linked third-party content or practices.

9.3 Responsibility Users must review third-party terms and manage associated data risks

10. Disclaimers and Warranties

10.1 "AS IS" THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

10.2 No Medical Advice HealthRec1 is not responsible for medical decisions or outcomes.

10.3 Data Loss Users are responsible for independent data backups.

11. Limitiation of Liability

11.1 Damages WE SHALL NOT BE LIABLE FOR INDIRECT DAMAGES, LOST PROFITS, OR DATA LOSS.

11.2 Cap TOTAL LIABILITY SHALL NOT EXCEED $100 OR FEES PAID IN THE LAST 12 MONTHS.

11.3 Law Variations Some law variations may limit these exclusions.

11.4 Exceptions to Limitations The limitations in this Section do not apply to liability that cannot be excluded under applicable law, including liability for death or personal injury caused by our gross negligence, fraud or fraudulent misrepresentation, or violations of consumer protection laws that prohibit such limitations.

12. Indemnification

12.1 Obligation You agree to indemnify HealthRec1 against claims arising from your use of the Service or violation of these Terms.

12.2 Defense We reserve the right to exclusively defend any claim.

13. Dispute Resolution

13.1 Negotiation Attempt 30 days of good faith negotiation before filing legal action.

13.2 Mediation If good faith negotiation under Section 13.1 does not resolve the dispute within 30 days, the parties agree to attempt resolution through mediation before proceeding to binding arbitration under Section 13.3. 

13.3 Arbitration Binding arbitration in Oklahoma City, Oklahoma via AAA Rules.

13.4 Arbitration Opt-Out You may opt out of the binding arbitration and class action waiver provisions in Sections 13.3 and 13.5 by sending written notice to support@healthrec1.com within 30 days of first accepting these Terms (e.g., creating your account). Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you do not opt out within this window, you will be deemed to have agreed to binding arbitration as described in this Section.

13.5 Class Action Waiver YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS.

14. Governing Law and Jurisdiction

14.1 Governing Law Laws of Oklahoma and US Federal law govern these Terms.

14.2 Jurisdiction Exclusive jurisdiction in state or federal courts in Oklahoma County, Oklahoma.

15. General Provisions

15.1 Agreement These Terms and Privacy Policy constitute the entire agreement.

15.2 Severability Unenforceable provisions do not invalidate the whole agreement.

15.3 Notices Notices must be sent to HealthRec1, PO Box 890061, Oklahoma City, OK.

16. Changes to Terms

16.1 Modification We reserve the right to modify Terms; changes are effective 30 days after posting.

16.2 Acceptance Continued use of the Service constitutes acceptance of modified Terms.

17. Support Contact

Direct all inquiries to: support@healthrec1.com

18. Acknowledgment and Acceptance

BY CREATING AN ACCOUNT OR USING HEALTHREC1, YOU ACKNOWLEDGE THAT:

✓ You have read and understood these Terms of Service

✓ You have read and understood our Privacy Policy

✓ You agree to be bound by these Terms

✓ You are at least 18 years old (or have parental consent)

✓ You understand the risks of electronic health record storage

✓ You are solely responsible for your health information and decisions

✓ You understand we cannot access your encrypted health records while they are stored at rest 

✓ You understand that using AI-powered features requires temporary decryption and processing of your data, as described in Section 2.4, and by using these features you consent to that processing 

✓ You understand HealthRec1's regulatory status as described in Section 2.6, and that HIPAA protections may not apply to your data in the same way they would with a healthcare provider 

✓ You represent that you have legal authority to manage the health records of any family member you add to your account, as described in Section 3.6 

✓ You understand we cannot recover your data if you lose your password
USING THIS SERVICE ACCEPTS ALL THESE TERMS. IF YOU DISAGREE, YOU MUST DISCONTINUE USE IMMEDIATELY.

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