Consumer Terms of Service
Revision: June 24, 2025
1. 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 (“you”, “your”, “Customer” or similar language) and us and govern your access and use of our website, mobile and web applications, and any other services or content provided by us (collectively the “Services”). The Services you elect to access when creating your account are considered a “Subscription”.
However, if you are accessing the Services on or on behalf of an entity, the Heads Up terms and conditions or applicable controlling 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 Patient User Privacy Policy, which is incorporated in these Terms by reference. 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 MAY USE AI SERVICES (AS DEFINED IN SECTION 1.4(D)). 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.
FURTHER, A MEDICAL PROVIDER’S OR RESEARCHER’S USE OF OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER OR RESEARCHER BY US. THE MEDICAL ADVICE PROVIDED TO YOU BY YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER OUR CONTROL, NOR DO WE PROVIDE IT TO YOU OR USE IT.
We do not confirm the credentials of any healthcare professional using the Services. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Services in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel is appropriate in selecting and maintaining your choice of healthcare professionals.
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. The Services do not provide 24/7 monitoring and are not intended to be used to identify emergencies.
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 NOTICE. Section 17.1 of the Terms includes an agreement for you to settle all disputes (with limited exceptions) between us and you through binding and final arbitration. You may opt out of the arbitration agreement by contacting us within 30 days of accepting these terms.
b) WAIVER OF RIGHT TO JURY TRIAL AND CLASS ACTION. Sections 17.2 and 17.3 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.
d) AI SERVICES. We may use artificial intelligence (including AI models, tools, and components) in certain modules of the Services (“AI Services”). If Services using AI Services are listed on an Subscription, this Section 1.4(d) applies.
(i) You may use AI Services made available by us pursuant to the Terms, Documentation, and Acceptable Use Policy.
(ii) We will not use User Content to train any AI Services.
(iii) You agree to not exceed the AI Services execution and document ingestion limits described in the Documentation.
1.5. Understanding and Authority.
You represent and warrant that: (i) you have read, understand, and agree to be bound by these Terms, (ii) you are at least 18 years old, and (iii) 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. We will notify you of such changes by posting a new version of the Terms to the Services and/or posting a change notice in the Services. Your continued use of the Services following the posting of the updated Terms or Services functionality constitutes your acceptance of any changes. We may modify the Services from time to time with updated functionality, features, patches, and fixes.
2. Description of Service
2.1. Overview.
The Services provide a health and wellness related application and is intended to allow you to collect, view, track, and transmit your healthcare data to your healthcare provided.
2.2 Monitoring.
We may monitor your use of the Services to ensure your compliance with the Terms.
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”) or Google Play (“Google”) (App Store and Google, collectively, the (“App Provider”) account to use the Services. You are responsible for all data charges that may be charged by your wireless carrier or internet service provider or that otherwise arise from your use of 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 Patient User 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 by providing you with notice, and upon your subsequent use of the Services, you agree to such changes.
Please be aware that our Patient User Privacy Policy does not address how healthcare providers with whom you share information collected, generated, or stored via the Services may further use and disclose your health information and User Content. Your provider’s Notice of Privacy Practices should be publicly available and is usually located on their website. Heads Up’s Patient User Privacy Policy does not apply to the collection, use, disclosure, or treatment of your User Content directly by any provider, clinician, researcher, caregiver, or other healthcare professional and/or entity. You expressly acknowledge and agree that Heads Up is neither responsible for nor liable to you or any third party for the treatment of your User Content by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of your User Content, whether or not such treatment violates applicable law or the provider’s Notice of Privacy Practices.
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.
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 Protected 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 a described in these Terms. 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. De-Identified User Content.
You agree that we may de-identify and anonymize your User Content, including your personal health information, in accordance with applicable laws and as described in Our Patient User Privacy Policy. Once de-identified, this information is no longer considered User Content. Between you and Heads Up, we will own all de-identified data, including any insights or analyses derived from it. We may use or share de-identified data for any lawful purpose, such as improving our Services, conducting research, or developing new features.
5.4. 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 listed on an Subscription solely for your personal and non-commercial use pursuant to these Terms. You are prohibited from using the Services for any purpose that is not expressly permitted under these Terms.
6.2. General Prohibited Uses.
You agree not to use the Services:
a) in any way that violates the Terms, Documentation, or 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, use the Services for a commercial purpose, 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.
6.3. Documentation.
We may provide you with access to our user guide and technical documentation relating to the Services from time to time. You agree to use the Services in accordance with the Documentation.
7. Our Intellectual Property Rights
7.1. Our Rights.
The Services our Confidential Information, and Usage Data, including any derivatives thereof, are owned by us and our licensors, as applicable.
7.2. Feedback and Improvements.
We may freely use and incorporate into the Services any suggestions, requests, feedback, or submissions by you to us or that you submit to our community forum or group in the Services (“Feedback”) without compensation to you. 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. We may also use analytical data, including metadata, relating to User Content, your use of the Services, its features, functionality, and performance (“Usage Data”). We may use Usage Data to operate, improve, and develop the Services and otherwise commercialize the Usage Data provided that such Usage Data is de-identified so that it is incapable of identifying you or User Content.
9. Third-Party Services
The Services may contain links to other websites, connections to third party services (including the services you choose to connect to the 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: (i) any Third-Party Services, including but not limited to how they handle your User Content, and (ii) 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 your own risk.
10. App Store & Google Play
10.1. Relationship.
The availability of the Services is dependent on the App Provider. These Terms apply to the contractual relationship between you and us, and not to your contractual relationship with the App Provider. However, Apple and Google and their respective subsidiaries are third-party beneficiaries to these Terms, as applicable, 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 the App Providers. Your use of the Services must comply with the App Provider’s terms and conditions. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Services or your possession and use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
10.3. Your Rights With App Providers.
In the event we fail to comply with any applicable warranty, you may notify the App Provider and when applicable, the App Provider may refund the applicable monthly subscription paid by you for the Services. To the extent permitted by law, the App Provider 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.
10.4. Apple Users.
If you downloaded the Services from the App Store, the license granted to you in these Terms is non-transferable and is for use of the Services on any Apple products that you own or control.
11. Payment
11.1. Fees.
If you are using a paid subscription of the Services, all Services subscription fees on an Subscription 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 and if applicable, On-Going Fees. For the avoidance of doubt, On-Going Fees will only occur if the applicable AI Services contemplate such charges during your purchase of the Services.
11.4. On-Going Fees.
If you purchase Services with AI Services where consumption fees are charged, such as fees that are not be listed on an Subscription (e.g., Model tokens, Third-Party Services, consumption-based fees) (“On-Going Fees”), these On-Going Fees are your responsibility and subject to the Third-Party Payment Services Section. All On-Going Fees, if applicable, will be paid via the Payment Services. For the avoidance of doubt, On-Going Fees will only occur in the applicable AI Services contemplate such charges during Customer’s procurement of the Software.
11.5. 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, WE, OUR AFFILIATES, AND OUR 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 WE USE COMMERCIALLY REASONABLE EFFORTS TO PREVENT THE SERVICES FROM INCLUDING INAPPROPRIATE CONTENT, WE CANNOT GUARANTEE THE SERVICES WILL BE VOID OF INAPPROPRIATE CONTENT.
12.2. AI DISCLAIMER.
TO THE EXTENT YOU ARE GRANTED A LICENSE TO SERVICES WITH AI SERVICES, THIS SECTION SHALL APPLY. THE SERVICES, INCLUDING ITS OR ITS THIRD-PARTY SERVICES PROVIDERS’ ARTIFICIAL INTELLIGENCE TECHNOLOGY, TOOLS, AND MODELS, ARE MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. AI SERVICES AND THE SERVICES MAY NOT ACCOUNT FOR THE FULL COMPLEXITY OF INDIVIDUAL HEALTH SITUATIONS OR THE LATEST MEDICAL RESEARCH. OVERRELIANCE ON AI-GENERATED HEALTH INFORMATION MAY LEAD TO MISUNDERSTANDING OF HEALTH CONDITIONS, INAPPROPRIATE OR INACCURATE DIAGNOSIS, AND MENTAL OR PHYSICAL HARM. FOLLOWING THE SERVICES (INCLUDING ANY AI SERVICES) RECOMMENDATIONS WITHOUT FIRST OBTAINING PROFESSIONAL MEDICAL CONSULTATION COULD POTENTIALLY WORSEN EXISTING HEALTH CONDITIONS OR DELAY NECESSARY MEDICAL TREATMENT AND AI SERVICES CANNOT REPLACE THE EXPERTISE, CLINICAL JUDGMENT, AND PERSONALIZED CARE PROVIDED BY A QUALIFIED HEALTHCARE PROFESSIONAL. WE MAKE NO GUARANTEES ABOUT THE ACCURACY OR QUALITY OF AI SERVICES OR OUTPUTS. THE USE OF AI SERVICES AND OUTPUTS ARE ENTIRELY AT YOUR OWN RISK. YOU AGREES THAT: (I) THERE ARE INHERENT RISKS OF INACCURACY AND UNPREDICTABILITY WITH AI SERVICES; AND (II) WE ARE NOT RESPONSIBLE FOR ANY INACCURATE, UNPREDICTED, OR UNDESIRABLE RESULTS OR OUTPUTS FROM YOUR USE OF THE AI SERVICES. WE ARE NOT LIABLE AND DISCLAIM ALL LIABILITY FOR ANY CONSEQUENCES OR DAMAGES RELATING TO YOU, AND ANY OTHER THIRD-PARTY RELYING ON OR USING THE THIRD-PARTY SERVICES OR AI SERVICES IN THE SERVICES.
12.3. 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 ANY AMOUNT IN EXCESS OF THE SERVICES FEES PAID BY YOU IN THE LAST MONTH BEFORE THE INCIDENT GIVING RISE TO A CLAIM OCCURRED, INCLUDING 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 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
14.1. Your 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 third party 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 in relation to the Services, including, but not limited to, your User Content causing a third party intellectual property infringement claim.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
14.2. Our Indemnification.
We agree to defend, indemnify, and hold you harmless from and against any third party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the Services causing a third party intellectual property infringement claim.
15. Confidentiality
Each Party may disclose its Confidential Information (“Discloser”) to the other Party (“Recipient”). Recipient agrees to hold Discloser’s Confidential Information in confidence and not to copy, reproduce, publish, disclose, or transfer the Discloser’s Confidential Information to any third-party or utilize Confidential Information for any purpose other than as expressly contemplated in these Terms, provided that a Recipient may disclose the Disclosing Party’s Confidential Information to the Recipient’s affiliates, agents, consultants, or suppliers (“Recipient Agent”):
(i) as necessary to perform its rights and obligations under these Terms; and
(ii) so long as the Recipient Agent is bound to confidentiality obligations at least as stringent as the obligations herein. The Recipient is responsible for its Recipient Agent’s compliance with the confidentiality obligations in this Confidentiality Section. The obligations in this Confidentiality Section shall continue for the subscription term and for a period of two (2) years after the Term’s termination or expiration, provided the obligation for trade secrets will continue for as long as such information constitutes a trade secret under applicable law. “Confidential Information” means any information marked or designated as confidential by a Party and any information that, under the circumstances of its disclosure or nature of the information, should reasonably be considered to be confidential, such as User Content, Documentation, software code, functionality, systems, and roadmaps, and any non-public technical, business, security, or financial information. Confidential Information may include a Party’s affiliate’s or Third-Party Service provider’s information.
Confidential Information does not include information that:
(i) is or becomes generally available to the public (except as a result of Recipient’s breach of these Terms);
(ii) is obtained by Recipient on a non-confidential basis from a third-party that was not legally or contractually restricted from disclosing such information;
(iii) Recipient establishes by sufficient evidence that the Confidential Information was in its possession prior to the Discloser’s disclosure; or (iv) Recipient establishes by sufficient evidence that the Confidential Information was independently developed by Recipient without using any Discloser Confidential Information. The Recipient may disclose the Discloser’s Confidential Information if required by law, provided that the Recipient gives the Discloser prior written notice of the disclosure to the extent legally permissible.
16. Term and Termination
16.1. 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.
16.2. Termination and Suspension.
You may cancel or delete your account at any time by either deleting your account in the Services or emailing us at support@headsuphealth.com. 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 suspend, 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.
17. Disputes, Arbitration, and Jury and Class Action Waivers.
17.1. 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. You may opt out of the arbitration agreement by contacting us within 30 days of accepting these terms.
17.2. 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.
17.3. 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.
18. Waiver and Severability
18.1. 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.
18.2. 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.
19. Entire Agreement
The Terms constitute the sole and entire agreement between you and us 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.
20. Compliance
Each Party agrees to comply with their respective obligations under applicable law. Nothing provided by us (including Output) shall be taken as professional advice (e.g., medical, legal, etc.).
21. Trial Access
If offered by us, you may access and use the Services on a trial basis. You agree that you are responsible for all On-Going Fees during your trial access to the extent applicable. Notwithstanding anything to the contrary in the Terms, if you are granted trial access, the terms in this Trial Access Section supersede any conflicting terms in the Terms. The trial’s term will be as stated in the applicable Subscription or as otherwise allowed by us and will expire the sooner of: (i) the expiration of the period on the Subscription; (ii) we end the trial in its sole discretion; or (iii) you purchase a subscription to the Services (“Trial Term”). Upon the Trial Term’s expiration, your right to use the Services through the trial access immediately expires. YOU AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND MAY CONTAIN FORWARD LOOKING CODE. WE DISCLAIM ALL WARRANTIES AND OUR INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO FREE TRIAL USE. WE DISCLAIM ALL LIABILITY RELATING TO ANY FREE TRIAL USE, AND IF A DISCLAIMER OF LIABILITY IS NOT ALLOWED UNDER APPLICABLE LAW, OUR LIABILITY SHALL NOT EXCEED $100.00.
22. Contact Information
The Services are operated by us. All feedback, comments, requests for technical support and other communications relating to the Service should be directed to support@headsuphealth.com or as provided below.
Heads Up Health
Attn: Legal
4400 N Scottsdale Rd., Suite 9445
Scottsdale, Arizona, 85251
Data Security Officer:
Heads Up Health
4400 N Scottsdale Rd., Suite 9445
Scottsdale, Arizona, 85251