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This End User Consent and Privacy Notice (these “Terms”) are entered into between PointHealth AI, Inc., a Delaware Corporation (“PointHealth”) and the individual accepting these Terms (“You” or “End User”), effective as of the earlier of the date of Your electronic acceptance using the online registration page referencing these Terms or your signature to a document referencing these Terms (“Effective Date”).
These Terms govern Your use of PointHealth's website and services, including without limitation, PointHealth's AI-powered health testing and analysis service designed to assist physicians in making prescriptions and recommendations for mental health conditions (collectively, the “Services”). These Terms also describe how Your personal information and biological samples will be collected, used, and shared in connection with the Services.
Please note that PointHealth offers data and analysis to assist physicians. PointHealth is not a medical provider, nor does it make any medical advice, recommendations or prescriptions.
To use these Services, You must be at least 18 years of age and have the legal capacity to consent to these Terms. By clicking “I Agree” or otherwise accessing or using the Services, You acknowledge that You have read, understood, and agree to be bound by these Terms.
PointHealth provides the Services to individuals like You by working with a third-party laboratory (“Third-Party Lab”) and leveraging PointHealth’s proprietary AI models. PointHealth and the Third-Party Lab are independent entities. The Third-Party Lab may have separate terms and policies that apply to you. PointHealth is not responsible for those terms or policies.
If your employer introduced you to these Services, your participation is governed exclusively by these Terms. PointHealth is not bound by any statements or representations your employer may have made about the Services.
You initiate the Services when You electronically accept these Terms and after You submit all required information via PointHealth's website or as otherwise requested by PointHealth. Upon receiving all required information, PointHealth will coordinate with the Third-Party Lab to deliver a testing kit to You. After receiving the kit, You must complete the sample collection according to the provided instructions and return it according to PointHealth's instructions. Once the Third-Party Lab receives Your kit, it processes Your sample and provides the results to PointHealth. PointHealth will then apply its proprietary AI model to analyze these results, after which PointHealth delivers the Lab results and PointHealth's proprietary analysis to You.
The Services are provided solely for the purpose of assisting qualified healthcare professionals and is not intended as a standalone diagnostic tool or substitute for professional medical advice. Unless otherwise provided by PointHealth in writing, all reports and analysis delivered in connection with the Services (“Physician Reports”) must be used only by a qualified healthcare provider. You acknowledge that such results and analyses are specific to You and are not transferable.
Unless otherwise identified in the Services, PointHealth does not provide services to any covered entity or business associate, so the rules of Health Insurance Portability and Accountability Act of 1996 do not apply.
By using the Services, You hereby authorize PointHealth and its partners to collect, process, store, and transmit Your personal data (including Your health information, biologics, and materials collected by Your testing kits) as necessary to provide the Services (the “Testing Consent”). This Testing Consent includes, without limitation, authorization for PointHealth to: (a) collect personal identifying information (such as name, address, email, phone number, and other contact details), biological sample data, medical history, and health-related data provided by You through PointHealth’s website, mail and other methods; (b) transmit Your information as necessary to the Third-Party Lab for testing kit fulfillment and sample processing; (c) receive and process Third-Party Lab results containing Your health data; (d) apply PointHealth's proprietary AI technology to analyze Your data solely to generate health insights and reports for use by physicians; (e) generate reports containing both Third-Party Lab results and PointHealth's proprietary analysis; and (f) deliver such reports to You.
Your Testing Consent remains valid for the duration of the provision of Services, unless earlier withdrawn by You in writing as provided in these Terms. You may withdraw Your Testing Consent at any time prior to submitting Your testing kit, but such withdrawal will terminate Your access to the Services and will not affect processing that has already occurred. Notwithstanding anything else, You acknowledge and agree that PointHealth may retain Your name, contact information, and consent preferences for recordkeeping purposes, including but not limited to regulatory compliance, responding to lawful requests by public authorities, resolving disputes, ensuring the security and integrity of the Services, providing support, and addressing emergencies. PointHealth implements reasonable technical, administrative, and physical safeguards designed to protect Your data; however, You acknowledge that no security measures are perfect or impenetrable.
Without limiting the consents You provide us under these Terms, PointHealth retains genetic test results and any associated biological sample only for the minimum period required to fulfill the Services and for up to the duration required by applicable laws, after which any remaining physical samples held by us are destroyed.
You may separately opt-in to allow PointHealth to use Your data in anonymized form to improve PointHealth’s products and services (including its underlying AI and language models) (the “Training Consent”). This Training Consent is optional and not required to receive the Services.
By opting into the Training Consent, You hereby authorize PointHealth to use Your health and other data it receives in connection with the Services to improve its products and services and underlying AI and language models, provided that PointHealth anonymizes all such personal data prior to training its models. Please note that this Training Consent cannot be withdrawn once Your testing kit has been processed, as Your data will be anonymized and no longer identifiable to You.
Your privacy is important to us. If you have any questions or would like to exercise any rights You have under applicable state privacy laws and regulations, you may contact PointHealth at support@pointhealth.ai.
You are responsible for providing a current and valid mailing address for testing kit delivery. PointHealth and Third-Party Lab are not responsible for kits that are lost, stolen, or damaged due to incorrect address information provided by You or after delivery to the address provided by You.
You agree to promptly return the testing kit to the Third-Party Lab following receipt and to strictly follow all instructions provided for proper sample collection. You expressly represent and warrant that any sample submitted is Your own biological material and that You will not exchange kits with any other individual.
You understand that testing accuracy depends on proper sample collection and that certain factors, including but not limited to medications, diet, or external contaminants, may affect test results. PointHealth does not guarantee that conclusive results will be obtained from every sample.
If a testing kit is damaged upon receipt or if Third-Party Lab determines that a submitted sample is insufficient for testing, PointHealth may, at its sole discretion, provide a replacement kit to You. You must report damaged kits within five (5) business days of receipt.
You acknowledge that PointHealth maintains a separate agreement with Third-Party Lab for processing service and that Third-Party Lab will process personal data according to standards established in that agreement. Unless otherwise provided in the Services, all Your personal data obtained by Third-Party Lab in connection with the Services are subject to Third-Party Lab’s privacy policy and notices.
Unless otherwise explicitly provided by PointHealth in writing, Physician Reports are created exclusively for review and interpretation by licensed healthcare providers. These Physician Reports are designed as supplementary clinical information tools to assist qualified healthcare providers in making medical decisions and recommendations. You may share Physician Reports only with licensed healthcare providers involved in Your care and no other third party.
You explicitly acknowledge and agree that: (a) Physician Reports are not standalone diagnostic tools; (b) Physician Reports must not be used by You to self-diagnose, self-treat, or make independent medical decisions; (c) any action taken based on Report information requires prior consultation with a qualified healthcare provider; and (d) PointHealth does not provide medical advice or diagnosis through these Physician Reports.
You understand and acknowledge that: (a) the information contained in Physician Reports is not comprehensive and does not include all possible relevant medical information about You; (b) the Physician Reports are based on current scientific understanding and methodologies which may evolve over time; and (c) the effectiveness of any treatment recommendations that may result from healthcare provider’s use of these Physician Reports may vary between individuals and are subject to the quality of the data You provide.
Both You and PointHealth agree to protect each other’s confidential information. PointHealth will safeguard Your personal health information and only share it with the Third-Party Lab and personnel necessary to provide the Services. You agree not to disclose PointHealth’s proprietary technology or methods, and You may only use and share Your Physician Reports with qualified healthcare providers. These confidentiality obligations continue even after You stop using the Services, with Your health information being protected in accordance with applicable privacy laws for as long as PointHealth retains such information and as otherwise provided in these Terms.
The obligations in this “Confidentiality” section do not apply to information that: (i) is or becomes publicly available through no breach of these Terms; (ii) was known to the receiving party before disclosure; (iii) is disclosed to the receiving party by a third party who is not under a duty of confidentiality; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's confidential information. In addition, either party may disclose confidential information as required by law, regulation, or court order, provided that it gives the other party prompt notice (unless prohibited by law) and cooperates, at the other party’s expense, in any attempt to limit or contest the required disclosure.
The Services shall not be used for medical emergencies. IN THE EVENT OF A MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 AND SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.
PointHealth will perform the Services using a commercially reasonable standard of care and in a professional and workmanlike manner. PointHealth conducts its activities to align with applicable laws and guidance, but PointHealth makes no representation or warranty that the Services, testing kits, or AI analyze meet, or are intended to meet, any requirement enforced by the U.S. FDA or other regulatory agencies.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL SERVICES, REPORTS, ANALYSES, AND INFORMATION PROVIDED BY POINTHEALTH ARE DELIVERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. POINTHEALTH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
POINTHEALTH EXPLICITLY DISCLAIMS RESPONSIBILITY FOR: (A) LOST, DAMAGED, OR DELAYED TESTING KITS DURING SHIPPING OR HANDLING; (B) TESTING ERRORS, INACCURACIES, OR MISATTRIBUTIONS OCCURRING AT THE THIRD-PARTY LAB; (C) ANY SELF-DIAGNOSIS OR INDEPENDENT MEDICAL DECISIONS MADE BY YOU WITHOUT PROPER PHYSICIAN CONSULTATION; (D) ANY DATA BREACHES OR LOSSES NOT DIRECTLY RESULTING FROM POINTHEALTH'S GROSS NEGLIGENCE; AND (E) ANY ACTION OR INACTION BY YOUR HEALTHCARE PROVIDERS BASED ON THE REPORTS OR ANALYSES.
YOU ACKNOWLEDGE AND AGREE THAT: (A) PHYSICIAN REPORTS AND ANALYSES GENERATED BY POINTHEALTH ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; (B) SUCH REPORTS ARE INTENDED SOLELY AS SUPPLEMENTARY TOOLS FOR QUALIFIED HEALTHCARE PROVIDERS AND MUST ONLY BE USED IN CONSULTATION WITH A QUALIFIED HEALTHCARE PROVIDER; (C) PHYSICIAN REPORTS WILL NOT CURE MENTAL ILLNESSES OR OTHER HEALTH CONDITIONS; AND (D) ALL PHYSICIAN REPORTS AND ANALYSES ARE SPECIFIC TO YOU AND ARE NOT TRANSFERABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL POINTHEALTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. POINTHEALTH'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $250 PER INCIDENT REGARDLESS OF THE CAUSE OR FORM OF ACTION; THE LIMITATIONS OF DAMAGES AND LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POINTHEALTH AND YOU.
These Terms begin on the Effective Date and continue until the Services have been completed as determined by PointHealth or as otherwise provided in these Terms. Subject to the consent provisions set forth in these Terms, at any time before You submit your testing kit, You may terminate these Terms by emailing support@pointhealth.ai. PointHealth may terminate these Terms for any or no reason upon notice to you (email acceptable). The provisions of this Agreement that by their nature should survive termination shall so survive, including but not limited to those relating to Consent (except to the extent properly revoked), Confidentiality, Limited Warranty and Disclaimers, Limitation of Liability, Disputes, and General.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. The parties hereby submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California for such purpose.
Any dispute arising out of or relating to these Terms will be resolved by final and binding arbitration administered by the JAMS under its Commercial Arbitration Rules. The arbitration will take place in San Francisco, California and the proceedings shall be conducted in English. The award rendered by the arbitrator(s) will be final and binding on the parties and may be entered and enforced in any court having jurisdiction. Notwithstanding the arbitration provision, either party may seek interim equitable relief in a court of competent jurisdiction to prevent irreparable harm or preserve the status quo.
These Terms constitute the entire agreement between You and PointHealth and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral. To the fullest extent permitted by law, You agree to waive any right to participate in or bring any dispute related to these Services or these Terms as a class, collective, or representative action. Any claims arising from or relating to these Services must be pursued solely on an individual basis. All notices must be in writing and are considered received as described in these Terms or upon personal delivery, three (3) days after mailing by certified or registered mail, one (1) day after being sent by overnight courier, or upon email confirmation. Notices should be sent to and/or Your respective addresses specified in these Terms, or as updated in writing on PointHealth’s website. You may not assign or transfer these Terms or any rights or obligations hereunder. PointHealth may freely transfer its rights and obligations under these Terms. These Terms shall be binding upon all permitted successors and assigns. PointHealth is an independent contractor and nothing in these Terms creates a partnership, joint venture, or agency relationship between PointHealth and You. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
