Consumer Heads Up Terms & Conditions
Page updated Jun 20, 2025
B2C Heads Up Terms and Conditions
Revision: June 2, 2025
Back to Legal1. Introduction and Acceptance of Terms
1.1. Introduction.
Welcome to Heads Up Health’s website, provided by phase2body, inc. dba Heads Up Health ("Heads Up," "we," "us," or "our"). These Terms of Service, including any document incorporated by reference (collectively, the "Terms") constitute an agreement between you and us and govern your access and use of our website, mobile application, and any other
services, web applications, or content provided by us (collectively the "Services"). However, if you are accessing the Services on or on behalf of an entity (or your account is under an entity’s Heads Up Health account), the Master Software Subscription Agreement shall supersede and govern your use of the Services and these Terms shall not apply. By accessing the Services, you agree to be bound by these Terms and consent to our Privacy Policy. If you have any questions relating to any of our legal documents, please contact us at support@headsuphealth.com. If you do not agree to our Terms, you may not access the Services.
1.2. NO MEDICAL ADVICE OR DIAGNOSIS.
a) Uses. While you may use the Services for health and wellness related purposes, the Services are not intended to provide medical advice, diagnosis, or treatment. The Services do not operate under any licensing authority and any information, content, or materials provided by the Services (“Output”) is not intended to be and should not be considered diagnostic or medical advice, or as providing any health or medical-related recommendation.
b) Seek Professional Advice. We encourage you to always seek health and medical advice from a qualified healthcare professional for any health condition (whether physical or mental), including advice for any Output. Never disregard a healthcare professional’s advice, delay seeking medical advice, or cancel an appointment with a medical professional because of Output.
c) Your Decision. You are ultimately responsible for seeking professional medical advice. You should not take any action based on any Output without first consulting a qualified medical professional.
1.3. MEDICAL EMERGENCY.
In case of a medical emergency, immediately call your doctor or emergency services.
1.4. General Notices.
While it is import for you to understand all our Terms, below are a few areas you should ensure you acknowledge and review:
a) Binding Arbitration. Section 16.1 of the Terms includes an agreement for you to settle all disputes (with limited exceptions) between us and you through binding and final arbitration.
b) Waiver of Right to Jury Trial and Class Action. Sections 16.2 and 16.3 of the Terms include a waiver of your right to a jury trial and to bring a class action against us for claims relating to the Services.
c) Automatic Renewal. By signing up for the Services, you agree that your subscription will automatically renew monthly at our then-current pricing. However, you may cancel your subscription or delete your account at any time. If you cancel your subscription, you will have access to the Services for the remainder of your monthly subscription period.
1.5. Understanding and Authority.
You represent and warrant that: (1) you have read, understand, and agree to be bound by these Terms, (2) you are at least 13 years old (if in the United States) or of the legal age to digitally consent to these Terms under applicable law (if outside the United States), and (3) you have the authority to enter into these Terms personally or on behalf of the person you are representing.
1.6. Changes.
The Terms and the Services are subject to change by us in our sole discretion at any time. Your continued use of the Services following the posting of the updated Terms or Services functionality constitutes your acceptance of any changes.
2. Description of Service
2.1. Overview.
We are a health and wellness application that provides health and wellness related services access to health-related resources.
2.2.Monitoring .
We may monitor your use of the Services to ensure your compliance with the Terms.
2.3.Data Use .
We may use data derived from your use of the Services, including data relating to the performance, your use of functionality, sessions, and similar data, analytics, or metrics of the Services (“Analytics”) for development, operational, and improvement purposes. Analytics will be aggregated and de-identified so it cannot be used to identify you.
3. Registration and Account Security
3.1. Account Registration.
To access the Services, you are required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. In some cases, you may need to create an Apple, Inc. (“Apple”) App Store (“App Store”) account to use the Services.
3.2. Account Security.
You are responsible for safeguarding your account credentials and for all activities or actions under your account. You may not share access to your account with anyone else or create multiple accounts. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3. Termination or Suspension.
We reserve the right to disable or suspend your account at any time if, in our opinion, you have failed to comply with any provisions of these Terms or if activities occur on your account which we determine to be illegal or harmful to others.
4. Privacy and Data Protection
4.1. Privacy Policy.
Our Privacy Policy explains how we collect, use, and share information about you when you use the Services. By using the Services, you consent to our collection, use, and sharing of information as described in those policies. We may update these documents from time to time, and upon your subsequent use of the Services, you agree to such changes.
4.2. Your Consent.
You understand that through your use of the Services, you consent to the collection and use of the information described in the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by us, our affiliates, and our third-party service providers.
4.3. Child Privacy.
We are committed to protecting the privacy of children. The Services are not intended or designed to attract children under the age of 13 and we do not collect any User Content from any user that we have actual knowledge of being under the age of 13.
5. User Content and License Grant
5.1. User Content.
The Services allow you to voluntarily input, upload, or otherwise make available certain information, data, files, or other materials of yours (“User Content”) to the Services, including but not limited to healthcare data and Personal Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”). User Content must only relate to you and may not include any information about any other third party. You may submit User Content directly or through an integration with an available third party. You are responsible for your User Content and all activity occurring under your account.
5.2. Our License.
By making User Content available through the Services, you grant to us a non-exclusive, transferable, worldwide, royalty-free license to use and process User Content in connection with performing the Services. To the extent you make User Content publicly available on the Services with other users, the license right in this Section 5.2 includes a right to publicly display the User Content that you shared.
5.3. Your Warranties.
With respect to User Content, you represent and warrant that:
a) you own or have the right to grant the rights and licenses set forth in these Terms; and
b) the posting of User Content on or through the Services does not violate the privacy or other legal rights of any
person or entity.
6. Using the Services
6.1. Right to Use.
We grant you a limited, non-transferable, non-sublicensable, non-exclusive, and revocable right to use the Services solely for your personal and non-commercial use.
6.2. General Prohibited Uses.
You agree not to use the Services:
a) in any way that violates any applicable law or regulation, including any data privacy or intellectual property rights, or export laws and regulations;
b) to transmit or create any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
c) to impersonate or attempt to impersonate us, another user, or any other person or entity;
d) to engage in any conduct that: (i) is harassing, obscene, defamatory, or (ii) restricts, impairs, or inhibits anyone's use of the Services, or which, as determined by us, the Services availability;
e) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
g) attempt to gain unauthorized access to the Services;
h) copy, modify, create derivative works of, reverse engineer, perform competitive analysis, decompile, disassemble, or web scrape the Services, or otherwise attempt to discover software code, technologies, or intellectual property;
i) to reproduce, resell, sublicense, transfer, or distribute the Services, or publicly display or transmit any Output or Services generally; or
j) to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services or any of our websites.
7. Our Intellectual Property Rights
7.1. The Services.
The Services, including any derivatives thereof, are owned by us and our licensors.
7.2. Feedback.
We may freely use and incorporate into the Services any suggestions, requests, feedback, or submissions by you to us or that you submit to an our community forum or group in the Services ("Feedback"). You agree that Feedback and all associated intellectual property rights are the property of ours, and you assign us all right, title, and interest to any Feedback.
9. Third-Party Services.
The Services may contain links to other websites, connections to third party services, or resources operated by third parties (“Third Party Services”). Third Party Services are provided for your information only and we are unable to influence the content, resources, and services. You agree that we are not liable for any Third-Party Services or for any violation of any Third-Party Service provider’s terms, conditions, and policies by you. You agree to review and agree to the applicable terms, conditions, and policies of any Third-Party Services. If you elect to use Third-Party Services with the Services, you consent to the transmission and exchange of User Content with the Third-Party Services. Your use of Third-Party Services is at its own risk.
10. App Store.
10.1. Relationship.
The availability of the Services is dependent on the App Store. These Terms apply to the contractual relationship between you and us, and not to your contractual relationship with the Apple. However, Apple and its subsidiaries are third-party beneficiaries to these Terms and may enforce these Terms as they relate to your right to use the Services and related claims.
10.2. Responsibility and Claims.
You agree that we are solely responsible for the Services, including all support, maintenance, claims (including intellectual property infringement claims), and other inquiries relating to the Services, and not Apple. Your use of the Services must comply with the App Store’s terms and conditions.
10.3. Your Rights With Apple.
In the event we fail to comply with any applicable warranty, you may notify Apple, and when applicable, Apple will refund the applicable monthly subscription paid by you for the Services. To the extent permitted by law, Apple will have no warranty obligation relating to the Services, nor any other claims, losses, liabilities, costs, or damages attributable to any failure of the Services to conform to a given warranty, if any.
11. Payment.
11.1. Fees.
If you are using a paid subscription of the Services, all Services subscription fees will be due when you first access the Services. All future payments for the Service’s subscription fees will be due monthly based on the date you initially accessed the Services. All fees will be paid with the Payment Services (as defined below). No refunds are permitted unless allowed under applicable law or by Apple.
11.2. Changes.
We will make our pricing available in the Services (“Pricing Page”). We reserve the right to modify the pricing by updating the Pricing Page. Any changes made will go into effect on your next monthly subscription.
11.3. Third-Party Payment Services.
The Services use Third-Party Service provider(s) to provide payment processing services (“Payment Services”) to you
for the payment of Services fees. By using the Services, you agree to all applicable Payment Services’ terms and credit
card and bank account authorizations. You agree we will not be held liable for any monetary transactions that occur
through your use of the Services or for any issues relating to the Payment Services. You authorize us to charge your
Payment Services account for the Service’s subscription fees.
11.4. Taxes.
All fees are exclusive of taxes. We will charge you taxes as required by applicable law in connection with the
Services.
12. Disclaimer of Warranties.
12.1. DISCLAIMER.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEADS UP HEALTH, ITS AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THE SERVICES, AI SERVICES, AND THIRD PARTY
SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND WARRANTIES THAT THE SERVICES MEET THE REQUIREMENTS OF YOU OR ANY THIRD PARTY, WILL BE AVAILABLE WITHOUT INTERRUPTION OR WORK WITH ANY THIRD-PARTY SERVICES (WHICH SHALL BE PROVIDED “AS-IS”). WHILE HEADS UP HEALTH USES COMMERCIALLY REASONABLE EFFORTS TO PREVENT THE SERVICES FROM INCLUDING INAPPROPRIATE CONTENT, WE CANNOT GUARANTEE THE SERVICES WILL BE VOID OF INAPPROPRIATE CONTENT
12.2. Applicability.
The disclaimers in the Terms do not affect any warranties which cannot be excluded or limited under applicable law.
13. Limitation of Liability
13.1. EXCLUSIONS AND LIMITATIONS.
IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY THIRD PARTY SERVICES LINKED TO IT, ANY CONTENT IN THE SERVICES, OR SUCH OTHER WEBSITES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
13.2. Applicability.
The above exclusions and limitations do not affect any liability that cannot be excluded or limited under applicable law.
14. Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and ours and
theirs respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from
and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable
attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not
limited to, your User Content, any use of the Services’ other than as expressly authorized in these Terms, or your use or
reliance of any information obtained from the Services.
15. Term and Termination.
15.1. Term.
Your subscription to the Services begins when you create an account. Your subscription will continue on a month-to-
month basis until you cancel or delete your account via the Services or by contacting us.
15.2. Termination.
You may cancel or delete your account at any time. When you cancel, you may still access your account until your then- current subscription month ends based on the date you created your account. We may cancel or delete your account with or without notice if you violate these Terms. At the end of your subscription to the Services or if you delete your account, we will erase your User Content, subject to our right or obligation to retain data under applicable law.
16. Disputes, Arbitration, and Jury and Class Action Waivers.
16.1. Mandatory Arbitration of Disputes.
If a dispute arises and Heads Up Health and you cannot resolve the dispute informally, you agree to submit to mandatory arbitration administered by the American Arbitration Association and the International Centre for Dispute Resolution in
accordance with its applicable Consumer Arbitration Rules applying. The arbitrator will be selected by us. Each Party shall be responsible for its own expenses. Any judgment on the award rendered by the arbitrator(s) may be entered into by the appropriate court in Fulton Country, Georgia, U.S.A. The arbitrator may not award any punitive, indirect, or consequential damages and will apply Georgia law to any dispute.
16.2. YOUR WAIVER OF JURY TRIAL.
YOU AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND SUBMIT TO THE VENUE OF THE ABRITRATION TO
BE IN FULTON COUNTY, GEORGIA, U.S.A.
16.3. YOUR WAIVER OF A CLASS ACTION.
YOU AGREE TO WAIVE ANY RIGHT TO PROCEED IN A REPRESENTATIVE OR CLASS ACTION MANNER, AND
CLAIMS WILL BE HEARD ON AN INDIVIDUAL BASIS BY AN ARBITRATOR SELECTED BY US.
17. Waiver and Severability
17.1. Waiver.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
17.2. Severability.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
18. Entire Agreement
The Terms constitute the sole and entire agreement between you and use with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
19. Contact Information
This Service is operated by Heads Up Health. All feedback, comments, requests for technical support and other communications relating to the Service should be directed to support@headsuphealth.com.