These Terms of Use ("Terms") govern your access to and use of the website and platform operated by TrueYou Healthcare, Inc. ("TrueYou," "we," "us," or "our") (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

1. Important notices

2. Scope and your Clinic's agreement

These Terms apply to our website and to patients and Clinic staff using the Services. If your Clinic has a separate signed agreement with TrueYou (including a master services agreement or Business Associate Agreement), that agreement controls to the extent it conflicts with these Terms for use within that relationship.

3. Definitions

• "Clinic" means a surgical or medical practice that contracts with TrueYou to use the Services.
• "Sophie" means TrueYou's AI assistant, which prepares communications and recommendations for review by Clinic staff.
• "Patient User" means an individual who communicates with Sophie or a Clinic through the Services.
• "Clinic Content" means clinical and administrative information a Clinic provides to configure the Services.

4. Eligibility

You must be at least 18 years old to create an account or use the Services directly. If you are a minor patient, your Clinic communicates with you through the Services only with the consent of your parent or legal guardian, in accordance with your Clinic's own policies.

5. How TrueYou works with your Clinic

Each Clinic defines the workflows, escalation rules, and boundaries within which Sophie operates, and is responsible for the clinical decisions made by its staff. Sophie acts at the Clinic's direction: it prepares a first response using Clinic-approved knowledge, and Clinic staff can approve, edit, escalate, or pause any action before it reaches a patient. TrueYou is not responsible for a Clinic's clinical judgment or for how a Clinic configures or uses the Services.

6. AI disclosure, limitations, and human review

Sophie is an AI assistant. It identifies itself as such and is not a substitute for a licensed healthcare provider. Sophie does not diagnose, prescribe, or make clinical decisions; it prepares information and recommendations for a Clinic's human staff to review. Like any AI system, Sophie's outputs can be incomplete or incorrect, and should be confirmed by your Clinic before you rely on them for a medical decision.

7. Messaging, calls, and recording consent

By providing your phone number to a Clinic that uses TrueYou, you consent to receive text messages and calls related to your care, which may be generated or assisted by Sophie and may be recorded and transcribed as described in our Privacy Policy. Message frequency varies; message and data rates may apply. Reply STOP to stop text messages or HELP for help. Opting out of messages or calls does not opt you out of your Clinic's other forms of communication with you.

8. Your information and accounts

You agree to provide accurate information when using the Services and to keep your account credentials confidential. You are responsible for activity that occurs under your account and should notify us promptly of any unauthorized use.

9. Acceptable use

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Impersonate any person or misrepresent your affiliation with a Clinic
• Attempt to gain unauthorized access to the Services or another user's account
• Scrape, reverse engineer, or use automated means to access the Services outside of a supported API
• Probe, scan, or test the security of the Services without authorization
• Submit another person's protected health information without appropriate authorization
• Use outputs from the Services to build or train a competing product
• Interfere with the operation or security of the Services or upload harmful code
• Rely on the Services in a medical emergency

We may suspend or terminate your access if you violate these Terms.

10. Content and license

Clinics retain ownership of their Clinic Content and grant us a license to use it solely to provide the Services to that Clinic. If you submit feedback about the Services, you grant us a non-exclusive, royalty-free license to use it to improve the Services.

11. Intellectual property

All content, features, and functionality of the Services (including text, graphics, logos, and software) are owned by TrueYou or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

12. Third-party services

The Services rely on third-party providers, including voice and AI processing providers and telecommunications carriers, to deliver messages and calls. We are not responsible for the availability or performance of third-party networks or services outside our control. If you access the Services through an app store, that store's terms also apply to your use of the relevant app.

13. Privacy

Our collection and use of information is described in our Privacy Policy. Protected health information is governed by our Business Associate Agreement with the applicable Clinic and that Clinic's Notice of Privacy Practices, as described in our Privacy Policy.

14. Term, suspension, and termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access at any time, with or without notice, for conduct that violates these Terms or otherwise harms the Services, other users, or TrueYou. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and dispute resolution — will survive.

15. Disclaimer of warranties

16. Limitation of liability

To the fullest extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.
• Our total liability for any claim related to the Services will not exceed the greater of (a) the amounts you (or the clinic on your behalf) paid us in the twelve (12) months before the claim, and (b) one hundred U.S. dollars ($100).
• Nothing in these Terms limits liability that cannot be limited under applicable law, including for personal injury caused by our gross negligence or willful misconduct.

17. Dispute resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@trueyouapp.com and allowing 30 days for resolution. If we cannot resolve the dispute informally, you and TrueYou agree that any dispute will be resolved by binding, individual arbitration administered by JAMS, rather than in court, except that either party may bring an individual claim in small claims court and either party may seek injunctive relief for intellectual property infringement or unauthorized access. You and TrueYou each waive the right to a jury trial and to participate in a class, collective, or representative action.

You may opt out of this arbitration agreement by sending written notice to legal@trueyouapp.com within 30 days of first accepting these Terms. Any claim must be brought within one year of when it arose, unless applicable law requires a longer period.

18. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Subject to Section 17, you agree to the exclusive jurisdiction of the courts located in San Francisco County, California.

19. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Services or by updating the effective date above. Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.

20. General

You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver of our right to do so later. These Terms, together with our Privacy Policy, are the entire agreement between you and TrueYou regarding the Services. Neither party is liable for delays caused by events beyond its reasonable control. By using the Services, you consent to receive communications from us electronically, and agree that electronic communications satisfy any legal requirement that such communications be in writing.

21. Contact us

If you have any questions about these Terms, contact us at: legal@trueyouapp.com or support@trueyouapp.com