Terms of Service

1. Introduction and Acceptance

Welcome to Hana Health Inc. ("Hana Health," "Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a binding legal agreement between you ("you," "your," or "user") and Hana Health Inc. regarding your use of our artificial intelligence voice bot services, phone call services, messaging services, and related wellness platform (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. If you do not agree to these Terms, you must immediately discontinue use of our Services.

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your personal information in compliance with HIPAA and other applicable privacy laws.

IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. PLEASE REVIEW SECTION 15 CAREFULLY. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.

2. Description of Services

Hana Health operates an AI-powered wellness platform that provides health and wellness information, educational content, and self-help resources through:

• AI Voice Bot Interactions: Automated conversational services accessible via telephone
• Phone Call Services: Direct communication through our AI-powered system
• Messaging Services: Text-based interactions with our AI platform
• Educational Content: General wellness information and resources

Our Services are designed as a self-help wellness platform providing general health and wellness information for educational and informational purposes. The Services are not intended to provide medical care, mental health treatment, or professional healthcare services of any kind.

2.1 Service Limitations

Our Services have inherent limitations:

• AI responses are generated based on algorithms and training data
• Information provided is general in nature, not personalized medical advice
• Services cannot replace professional medical judgment or care
• Emergency situations require immediate professional intervention

2.2 HIPAA Compliance

We maintain compliance with the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations. However, our AI voice bot services do not create a doctor-patient relationship or constitute covered healthcare services under HIPAA in all contexts.

3. Critical Emergency and Medical Disclaimers

3.1 Emergency Situations

EMERGENCY SERVICES DISCLAIMER:

• DO NOT USE OUR SERVICES FOR MEDICAL EMERGENCIES
• IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY
• IF YOU ARE CONSIDERING SUICIDE OR SELF-HARM, CALL 911 OR THE 988 SUICIDE & CRISIS LIFELINE
• IF YOU BELIEVE YOU ARE A DANGER TO YOURSELF OR OTHERS, SEEK IMMEDIATE PROFESSIONAL HELP

3.2 Child and Elder Safety

If you suspect, have experienced, or have knowledge of child abuse, dependent adult abuse, or elder abuse, contact your local protective services agency immediately. Hana Health is not a mandated reporter and has no obligation to report suspected abuse to authorities.

3.3 Medical Care Disclaimer

NO MEDICAL ADVICE OR TREATMENT: Our Services do not provide medical advice, diagnosis, treatment, or care. The information provided through our AI voice bot and messaging services is for general educational and wellness purposes only.

NO DOCTOR-PATIENT RELATIONSHIP: Use of our Services does not create a physician-patient, therapist-patient, or any other professional healthcare relationship. Our AI system is not a licensed healthcare provider.

CONSULTATION REQUIREMENT: Always consult with qualified healthcare professionals regarding any medical concerns, symptoms, conditions, or treatment decisions. Do not disregard, avoid, or delay seeking medical advice because of information received through our Services.

4. Eligibility and Account Requirements

4.1 Age Requirements

• You must be at least 13 years of age to use our Services
• Users between 13-17 years old must have parental or guardian consent
• Parents and guardians are responsible for minors' use of our Services

4.2 Legal Capacity

You represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are not prohibited from using our Services under applicable law
• If using Services on behalf of an organization, you have authority to bind that organization

4.3 Account Information

You agree to:

• Provide accurate, complete, and current information
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

4.4 Geographic Restrictions

Our Services are intended for users in the United States. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. government restricted parties list.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Services only for:

• Personal, non-commercial wellness and educational purposes
• Accessing general health and wellness information
• Engaging with our AI voice bot in good faith
• Legitimate wellness-related inquiries

5.2 Prohibited Activities

You agree NOT to:

Technical Violations:

• Attempt to gain unauthorized access to our systems or user accounts
• Use automated systems, bots, or scripts to access our Services (other than our intended AI interactions)
• Reverse engineer, decompile, or attempt to extract source code
• Interfere with or disrupt our Services or servers
• Bypass any security measures or access controls

Content Violations:

• Provide false, misleading, or inaccurate information
• Impersonate any person or entity
• Use Services for any illegal purposes
• Transmit harmful, threatening, abusive, or harassing content
• Share content that violates intellectual property rights

Service Misuse:

• Use Services for emergency medical situations
• Seek professional medical advice, diagnosis, or treatment through our AI
• Report false emergencies or safety concerns
• Attempt to use Services beyond their intended wellness scope
• Use Services in any manner that could harm minors, elderly, or vulnerable populations

Commercial Violations:

• Use Services for commercial purposes without authorization
• Resell, redistribute, or commercialize our Services
• Extract data for commercial use or competitive analysis

5.3 Content Standards

Any information you provide must be:

• Truthful and accurate
• Respectful and appropriate
• Compliant with applicable laws
• Consistent with these Terms

6. Privacy and Data Protection

6.1 HIPAA Compliance

We maintain appropriate safeguards to protect your health information in accordance with HIPAA requirements where applicable. Our privacy practices are detailed in our Privacy Policy, which forms an integral part of these Terms.

6.2 Information Collection

We collect information you provide during:

• Voice interactions with our AI bot
• Phone calls and messaging
• Account registration and management
• Service usage and interaction patterns

6.3 Data Usage

Your information may be used to:

• Provide and improve our Services
• Ensure service security and prevent fraud
• Comply with legal obligations
• Communicate with you about our Services

6.4 Third-Party Services

Our Services may integrate with third-party platforms. We are not responsible for third-party privacy practices and encourage you to review their privacy policies.

7. Intellectual Property Rights

7.1 Our Intellectual Property

Hana Health owns all rights, title, and interest in:

• Our AI technology and algorithms
• Service content, including text, graphics, and audio
• Trademarks, service marks, and logos
• Software, systems, and platforms

7.2 User Content License

By using our Services, you grant us a royalty-free, worldwide, non-exclusive license to:

• Process and analyze your interactions for service provision
• Use aggregated, de-identified data for service improvement
• Store and transmit your information as necessary for service delivery

This license terminates when you delete your account, except for legally required retention periods.

7.3 Respect for Third-Party Rights

You agree to respect all intellectual property rights and not use our Services to infringe upon others' rights.

8. Medical and Health Information Disclaimers

8.1 No Medical Practice

HANA HEALTH DOES NOT PRACTICE MEDICINE. Our AI voice bot provides general wellness information only. We do not:

• Diagnose medical conditions
• Prescribe treatments or medications
• Provide personalized medical advice
• Replace professional healthcare services

8.2 Information Accuracy

While we strive for accuracy, we cannot guarantee that all information provided through our Services is:

• Current or up-to-date
• Applicable to your specific situation
• Free from errors or omissions
• Suitable for your particular health needs

8.3 Professional Consultation Required

You should always:

• Consult healthcare professionals for medical decisions
• Verify information with qualified sources
• Seek immediate professional help for urgent health concerns
• Follow your healthcare provider's advice over our general information

8.4 Medication and Treatment Warnings

NEVER:

• Stop or modify medications based on our Services
• Begin new treatments without professional guidance
• Ignore symptoms or delay medical care
• Use our information as a substitute for professional medical advice

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain continuous service availability but cannot guarantee:

• Uninterrupted access to our Services
• Error-free operation at all times
• Compatibility with all devices or systems
• Availability in all geographic locations

9.2 Service Modifications

We reserve the right to:

• Modify, update, or discontinue Services with reasonable notice
• Implement new features or remove existing ones
• Change service requirements or limitations
• Suspend Services for maintenance or security purposes

9.3 Technical Requirements

Users are responsible for:

• Maintaining compatible devices and internet connectivity
• Ensuring adequate phone service for voice interactions
• Meeting minimum technical requirements for service access

10. Fees and Payment Terms

10.1 Service Fees

Basic access to our wellness platform is provided at no charge. Premium features, if available, will be clearly disclosed with associated fees.

10.2 Payment Obligations

If you purchase premium services:

• All fees are non-refundable unless otherwise stated
• You agree to pay all applicable taxes
• Payment information must be accurate and current
• We may suspend services for non-payment

10.3 Fee Changes

We may modify fees with at least 30 days' advance notice for ongoing services.

11. User Responsibilities and Warranties

11.1 User Representations

You represent and warrant that:

• All information provided is accurate and truthful
• You will use Services only for legitimate wellness purposes
• You understand the limitations of AI-generated information
• You will not rely solely on our Services for health decisions

11.2 Compliance Obligations

You agree to:

• Comply with all applicable laws and regulations
• Respect others' rights and dignity
• Use Services responsibly and ethically
• Report any service abuse or violations

11.3 Security Responsibilities

You are responsible for:

• Maintaining account security
• Protecting your login credentials
• Monitoring account activity
• Promptly reporting security breaches

12. Disclaimer of Warranties

12.1 "AS IS" Service Provision

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness
• Warranties of uninterrupted or error-free operation
• Warranties regarding AI-generated content accuracy

12.2 AI Technology Limitations

WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT:

• AI responses will be accurate or appropriate for your situation
• Our technology will understand all communications correctly
• Services will meet all your health and wellness needs
• AI-generated content is equivalent to professional advice

12.3 Third-Party Content

We disclaim responsibility for any third-party content, links, or services that may be referenced through our platform.

13. Limitation of Liability

13.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HANA HEALTH'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• $100; OR
• The total amount paid by you to Hana Health in the 12 months preceding the claim

13.2 Excluded Damages

HANA HEALTH SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Personal injury or property damage
• Damages resulting from service interruptions or errors
• Damages from reliance on AI-generated content
• Third-party actions or content

13.3 Basis of Limitation

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

13.4 State Law Variations

Some jurisdictions do not allow certain liability limitations, so these limitations may not apply to you to the extent prohibited by applicable law.

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Hana Health, its officers, directors, employees, agents, and affiliates from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any false or misleading information you provide
• Your reliance on AI-generated content contrary to these Terms

14.2 Defense and Settlement

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

15. Dispute Resolution and Arbitration

15.1 Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for claims that may be brought in small claims court or requests for injunctive relief, all disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court.

15.2 Arbitration Procedures

Arbitration shall be conducted:

• In Alameda County, California
• Under the Streamlined Arbitration Rules of JAMS (Judicial Arbitration and Mediation Services)
• Before a single arbitrator with experience in technology and healthcare disputes
• In English language

15.3 Arbitration Costs

Each party shall bear their own attorneys' fees and costs, except as otherwise provided by applicable law or arbitration rules.

15.4 Class Action Waiver

YOU AND HANA HEALTH AGREE THAT:

• Any arbitration shall be conducted on an individual basis only
• Class arbitrations, class actions, and representative proceedings are prohibited
• You waive any right to participate in or receive benefits from any class action
• Claims may not be consolidated with claims of other users

15.5 Exceptions to Arbitration

The following claims are exempt from arbitration:

• Claims seeking injunctive or equitable relief
• Claims that may be brought in small claims court
• Claims related to intellectual property infringement

15.6 Jury Trial Waiver

BY AGREEING TO ARBITRATION, YOU AND HANA HEALTH WAIVE THE RIGHT TO A TRIAL BY JURY.

15.7 Governing Law

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.

16. Termination

16.1 Termination by You

You may terminate your account at any time by:

• Contacting us at privacy@usehana.com
• Following account deletion procedures in our Services
• Ceasing to use our Services

16.2 Termination by Us

We may terminate or suspend your access immediately, with or without notice, for:

• Violation of these Terms
• Illegal or harmful use of Services
• Suspected fraud or security threats
• Extended periods of inactivity
• Any reason in our sole discretion

16.3 Effects of Termination

Upon termination:

• Your right to use Services ceases immediately
• We may delete your account and associated data
• Certain provisions of these Terms survive termination
• You remain liable for any outstanding obligations

16.4 Data Retention

We may retain certain information as required by law or legitimate business purposes, even after account termination.

16.5 Survival

The following sections survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

17. Interpretation and Acknowledgment

17.1 Terms Interpretation

Rules of Construction:

• Headings are for convenience only and do not affect interpretation
• Words in the singular include the plural and vice versa
• References to any gender include all genders
• "Including" means "including without limitation"
• References to laws include any amendments or successor legislation
• If multiple language versions exist, the English version controls

17.2 Acknowledgment of Understanding

By using our Services, you specifically acknowledge and confirm that you:

Understand the Service Nature:

• Recognize that our Services provide general wellness information only
• Understand that AI-generated responses have inherent limitations
• Acknowledge that our Services are not medical care or professional healthcare
• Agree that our Services do not create any professional relationship

Accept Key Limitations:

• Understand that our Services cannot replace professional medical judgment
• Acknowledge the emergency services disclaimers and will not use Services for emergencies
• Recognize that information provided may not be suitable for your specific situation
• Accept that AI technology may not always understand communications correctly

Agree to Legal Terms:

• Have read and understood the arbitration agreement and class action waiver
• Acknowledge the limitation of liability and disclaimer of warranties
• Understand your indemnification obligations
• Agree to the governing law and jurisdiction provisions

For Minors (Ages 13-17):

• If you are between 13-17 years old, you confirm that your parent or legal guardian has reviewed these Terms with you
• Your parent or guardian consents to your use of the Services under their supervision and guidance
• You understand that your parent or guardian is responsible for your compliance with these Terms
• You agree to use the Services only with appropriate adult guidance

17.3 Continuing Acknowledgment

Your continued use of the Services constitutes ongoing acknowledgment of these Terms and any modifications we may make. You agree to periodically review these Terms to stay informed of updates.

17.4 Questions About Terms

If you have questions about any provision in these Terms or need clarification about your obligations, you must contact us at privacy@usehana.com before using the Services. Continued use without seeking clarification constitutes acceptance of the Terms as written.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and Hana Health regarding the Services and supersede all prior agreements and understandings.

18.2 Modifications

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Providing notice through our Services
• Sending email notifications to registered users

Continued use of Services after modifications constitutes acceptance of the new Terms.

18.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

18.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

18.5 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

18.6 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

18.7 Notices

Legal notices must be sent to:

Hana Health Inc.
1607 Channing Way
Berkeley, CA 94703
Email: privacy@usehana.com

18.8 Language

These Terms are written in English. Any translations are provided for convenience only, and the English version controls in case of conflicts.

19. Contact Information

For questions about these Terms or our Services, contact us:

Email: privacy@usehana.com
Address: Hana Health Inc., 1607 Channing Way, Berkeley, CA 94703
Website: https://hana.health/