Terms of Service

By accessing or using the SeeMyHealth provider platform at seemyhealth.care (the "Platform"), including any associated APIs, dashboards, mobile applications, or services, you ("Provider," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are agreeing on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

These Terms incorporate by reference our Privacy Policy and our Data Processing Agreement ("DPA"), which governs our processing of personal data on your behalf. Together, these documents form the complete agreement between you and SeeMyHealth regarding your use of the Platform.

SeeMyHealth reserves the right to refuse service to anyone for any reason at any time.

Throughout these Terms, the following definitions apply:

• "Platform" means the SeeMyHealth provider platform, including the website at seemyhealth.care, provider dashboard, APIs, integrations, and any related software or services made available by SeeMyHealth.
• "Provider" means the wellness professional, practice, clinic, or organization that registers for and uses the Platform. This includes nutritionists, therapists, physiotherapists, fitness professionals, and other wellness practitioners.
• "Client" means an individual who receives services from a Provider and whose data may be stored or processed through the Platform.
• "Services" means all features, tools, and functionality available through the Platform, including but not limited to appointment scheduling, video consultations, client management, payment processing, remote monitoring, and reporting.
• "Content" means any information, text, graphics, images, videos, documents, or other materials uploaded to, generated by, or displayed on the Platform.
• "Provider Data" means data that a Provider creates, uploads, or stores on the Platform in the course of using the Services, including practice information, appointment records, notes, documents, billing records, and configuration settings.
• "Client Data" means personal data and health data belonging to a Provider's Clients that is stored or processed through the Platform, including client profiles, health records, device data, session notes, and communication history.
• "Authorized Users" means individuals whom a Provider has authorized to access and use the Platform on the Provider's behalf, such as employees, contractors, associates, or other practitioners within the Provider's organization.

Subject to your compliance with these Terms and payment of all applicable fees, SeeMyHealth grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your internal business purposes as a wellness professional.

This license is not a sale. You acknowledge and agree that:

• Ownership: SeeMyHealth and its licensors retain all right, title, and interest in and to the Platform, including all intellectual property rights. This includes all software, algorithms, machine learning models, user interface designs, trade names, trademarks, service marks, logos, and documentation.
• Restrictions: You may not (a) modify, adapt, translate, or create derivative works based on the Platform; (b) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform; (c) sublicense, lease, rent, sell, or distribute access to the Platform to any third party; (d) remove or alter any proprietary notices, labels, or marks on the Platform; or (e) use the Platform to build, train, or improve a product or service that competes with SeeMyHealth.
• No Competing Use: You may not use the Platform, its features, design patterns, or any data derived from your use of the Platform to develop, market, or operate a competing product or service.
• Termination of License: This license terminates automatically upon any violation of these Terms or upon termination of your account, whichever occurs first.
• Reservation of Rights: All rights not expressly granted to you under these Terms are reserved by SeeMyHealth.

To use the Platform, you must register for an account and provide accurate, complete, and current information. You agree to:

• Accurate Information: Provide truthful information about yourself and your practice during registration, including your name, practice name, professional qualifications, contact information, and business address. You must keep this information current.
• Credentials Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys. You must not share your login credentials with anyone who is not an Authorized User on your account.
• Authorized Users: You may grant access to Authorized Users within your organization. You are responsible for all activity that occurs under your account, including actions taken by your Authorized Users. Each Authorized User must have their own unique login credentials.
• Multi-Location Accounts: If you operate from multiple locations, you may manage them under a single account. You are responsible for ensuring appropriate access controls are configured for each location and that staff only access data relevant to their role and location.
• Account Security: You must notify SeeMyHealth immediately at providers@seemyhealth.ai if you suspect any unauthorized access to or use of your account.
• Age Requirement: You must be at least 18 years of age to create an account and use the Platform.

SeeMyHealth reserves the right to suspend or terminate accounts that are inactive for an extended period, have been created with false information, or are in violation of these Terms.

You agree to use the Platform in compliance with all applicable laws and regulations, including healthcare, data protection, and professional licensing regulations in your jurisdiction. Specifically, you agree that you will:

• Use the Platform only for lawful purposes related to providing wellness and health services to your Clients
• Comply with all applicable healthcare regulations, professional standards, and codes of conduct in your jurisdiction
• Obtain all necessary consents from your Clients before entering their data into the Platform or enabling remote monitoring through SeeMyHealth devices
• Maintain appropriate professional liability insurance for the services you provide

You agree that you will not:

• Upload, transmit, or store any malicious software, viruses, or code designed to interfere with the Platform
• Share your account credentials with individuals who are not Authorized Users
• Attempt to access another Provider's data, account, or Client records
• Misrepresent your professional qualifications, certifications, or licensing status
• Use the Platform to harass, abuse, or harm any individual
• Scrape, crawl, or use automated tools to extract data from the Platform
• Interfere with or disrupt the integrity or performance of the Platform
• Use the Platform in any manner that could damage, disable, overburden, or impair SeeMyHealth's servers or networks
• Circumvent any security measures, access controls, or usage limits implemented by SeeMyHealth

Violation of these acceptable use terms may result in immediate suspension or termination of your account.

Your Data, Your Ownership. You retain full ownership of all Provider Data and Client Data that you create, upload, or store on the Platform. SeeMyHealth does not claim ownership of your data.

Data Processing Roles. With respect to Client Data, you are the data controller (or equivalent under applicable law), and SeeMyHealth acts as a data processor on your behalf. SeeMyHealth processes Client Data solely in accordance with your instructions and as described in our Data Processing Agreement (DPA).

License to Operate. By uploading data to the Platform, you grant SeeMyHealth a limited, non-exclusive license to host, store, process, and display that data solely for the purpose of providing and improving the Services to you. This license terminates when you delete the data or close your account (subject to the data retention provisions in Section 11).

Aggregated & Anonymized Data. SeeMyHealth may use aggregated, anonymized, and de-identified data (data that cannot be linked back to any individual Provider, Client, or practice) for the purposes of service improvement, analytics, benchmarking, and product development. This aggregated data does not constitute Provider Data or Client Data.

Client Health Data from Devices. Where your Clients use SeeMyHealth devices (Ring One, Scale, BP Monitor, Hydra One, Hema One), their health data flows into your provider dashboard only with the Client's explicit consent, granted through the C-MyHealth consumer app. You acknowledge that:

• Client consent to share device data with you may be revoked by the Client at any time
• You must handle Client health data in compliance with all applicable data protection and healthcare regulations
• Once Client health data enters your provider dashboard, you become the data controller for that data within the scope of your clinical relationship

GDPR Compliance. For Clients located in the EEA, UK, or Switzerland, the processing of Client Data is governed by our separate Data Processing Agreement (DPA), which includes Standard Contractual Clauses and details on sub-processors, data transfer mechanisms, and data subject rights. Contact legal@seemyhealth.ai to request a copy of the DPA.

You acknowledge and agree that:

• Clinical Decisions: You are solely responsible for all clinical decisions, assessments, diagnoses, treatment plans, and recommendations you make for your Clients. SeeMyHealth does not provide clinical advice, and no information on the Platform should be interpreted as such.
• Professional Licensing: You must hold all appropriate licenses, certifications, registrations, and professional qualifications required in your jurisdiction to provide the services you offer to your Clients. You must promptly notify SeeMyHealth if your licensing status changes.
• Standard of Care: You are responsible for maintaining the applicable standard of care in your profession and jurisdiction when using the Platform and its data to inform your practice.
• Device Data Interpretation: Health data from SeeMyHealth devices should be used as one input among many in your professional assessment. You must exercise independent professional judgment and not rely solely on device data for clinical conclusions.
• Client Relationships: The Platform facilitates but does not replace the professional relationship between you and your Clients. You are responsible for maintaining appropriate professional boundaries and ethical standards.
• Regulatory Compliance: You are responsible for ensuring that your use of the Platform complies with all applicable healthcare, privacy, and professional regulations in every jurisdiction where you practice.

Subscription Plans. Access to the Platform requires an active subscription. Subscription tiers, features, and pricing are published on our pricing page and may vary based on the plan you select. Specific pricing details are confirmed at the time of your registration.

Billing Cycles. Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you choose. Annual plans are billed as a single payment at the beginning of each annual billing period.

Auto-Renewal. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current rate for your plan at the time of renewal.

Cancellation. You may cancel your subscription at any time through your account settings or by contacting us at providers@seemyhealth.ai. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods, except where required by applicable law.

Price Changes. SeeMyHealth may change subscription pricing at any time. We will provide at least 30 days' written notice before any price increase takes effect. If you do not agree to the new pricing, you may cancel your subscription before the next billing cycle.

Non-Payment. If a payment fails, we will notify you and provide a reasonable grace period (typically 14 days) to update your payment information. If payment is not received within the grace period, SeeMyHealth reserves the right to suspend your access to the Platform until the outstanding balance is settled. Your data will be preserved during the suspension period.

Payment Processing. All payments are processed securely through Stripe. SeeMyHealth does not store your full credit card or bank account details. Stripe's handling of your payment information is governed by Stripe's own privacy policy and terms of service.

Taxes. All fees are exclusive of applicable taxes. You are responsible for paying any sales tax, VAT, withholding tax, or other governmental charges imposed on your subscription.

Uptime. SeeMyHealth uses commercially reasonable efforts to maintain the availability of the Platform. However, we do not guarantee any specific level of uptime or availability, and we do not offer a formal Service Level Agreement (SLA) at this time.

Scheduled Maintenance. We may perform scheduled maintenance that temporarily limits access to the Platform. Where possible, we will provide at least 48 hours' advance notice of scheduled maintenance via email or in-app notification, and we will endeavor to schedule maintenance during off-peak hours.

Unscheduled Downtime. The Platform may experience unscheduled downtime due to factors beyond our control, including but not limited to infrastructure failures, third-party service outages, natural disasters, cyberattacks, or government actions. SeeMyHealth is not liable for any loss, damage, or inconvenience caused by such downtime.

Feature Changes. SeeMyHealth may modify, update, or discontinue features of the Platform at any time. For material changes that significantly reduce the functionality of your current plan, we will provide at least 30 days' notice. If a material feature removal renders the Platform unsuitable for your needs, you may cancel your subscription and receive a pro-rata refund for the remaining unused period.

Data Loss. While we maintain regular backups, SeeMyHealth is not liable for data loss resulting from service outages, technical failures, or circumstances beyond our reasonable control. We recommend that you maintain your own backup procedures for critical Client Data.

SeeMyHealth implements industry-standard security measures to protect the Platform and your data, including:

• Encryption in Transit: All data transmitted between your browser or device and the Platform is encrypted using TLS 1.2 or higher.
• Encryption at Rest: All Provider Data and Client Data stored on our servers is encrypted at rest using AES-256 encryption.
• Access Controls: Role-based access controls, multi-factor authentication support, and audit logging for administrative actions.
• Infrastructure Security: The Platform is hosted on Cloudflare's global network with WAF protection, DDoS mitigation, and automated threat detection.

Your Responsibilities. You are responsible for:

• Maintaining the security of your account credentials, including using strong, unique passwords
• Ensuring that devices used to access the Platform are secured with appropriate measures (device encryption, screen locks, antivirus software)
• Configuring appropriate access controls for your Authorized Users
• Training your staff on data security best practices and your obligations under applicable data protection laws
• Promptly reporting any suspected security incidents to providers@seemyhealth.ai

Breach Notification. In the event of a confirmed data breach that affects your Provider Data or Client Data, SeeMyHealth will:

• Notify you within 72 hours of becoming aware of the breach
• Provide a description of the nature of the breach, the categories and approximate number of data records affected, the likely consequences, and the measures taken or proposed to address the breach
• Cooperate with you in fulfilling any breach notification obligations you may have under applicable law

Termination by You. You may terminate your account and these Terms at any time by providing 30 days' written notice to providers@seemyhealth.ai or through your account settings.

Termination by SeeMyHealth. SeeMyHealth may terminate your account and these Terms:

• With 30 days' written notice for any reason or no reason
• Immediately upon material breach of these Terms, including but not limited to: violation of the Acceptable Use policy, non-payment beyond the grace period, fraudulent activity, or actions that endanger the security of the Platform or other users' data

Data Export Window. Upon termination (whether by you or by SeeMyHealth), you will have a 30-day data export window during which you may download your Provider Data and Client Data in a standard, machine-readable format. SeeMyHealth will provide tools and reasonable assistance to facilitate the export.

Data Deletion. After the 30-day export window closes, SeeMyHealth will permanently delete all Provider Data and Client Data from our active systems. Residual copies in backup systems will be purged in accordance with our standard backup rotation schedule (typically within 90 days). Data required to be retained by law (e.g., billing records) will be retained for the legally mandated period and then deleted.

Your Responsibility. It is your sole responsibility to export your data before the export window closes. SeeMyHealth is not liable for any data that you fail to export within the designated period.

Surviving Provisions. The following sections survive termination of these Terms: Section 3 (Software License, with respect to ownership and restrictions), Section 6 (Data Ownership), Section 7 (Professional Responsibility), Section 12 (Disclaimer of Warranties), Section 13 (Limitation of Liability), Section 14 (Indemnification), and Section 15 (Dispute Resolution).

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEEMYHEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Any warranty regarding the accuracy, reliability, or completeness of any data, content, or information available through the Platform
• Any warranty that the Platform will meet your specific requirements or expectations
• Any warranty regarding the accuracy of health data from SeeMyHealth devices for clinical, diagnostic, or medical purposes

YOU ACKNOWLEDGE THAT YOU USE THE PLATFORM AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SEEMYHEALTH OR THROUGH THE PLATFORM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

No Indirect Damages. IN NO EVENT SHALL SEEMYHEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF SEEMYHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap. SEEMYHEALTH'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO SEEMYHEALTH IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED US DOLLARS ($500).

Specific Exclusions. Without limiting the foregoing, SeeMyHealth is not liable for:

• Clinical decisions, treatment outcomes, or health consequences arising from your use of the Platform or data provided through the Platform
• Your failure to comply with applicable healthcare regulations, professional licensing requirements, or data protection laws
• Claims brought by your Clients against you, regardless of whether such claims relate to your use of the Platform
• Loss of or damage to Client Data caused by your failure to maintain adequate security practices or export data within the designated export window

Exceptions. Nothing in these Terms limits or excludes SeeMyHealth's liability for: (a) death or personal injury caused by SeeMyHealth's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

You agree to indemnify, defend, and hold harmless SeeMyHealth, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your Use of the Platform: Any claim arising from your use of the Platform, including claims related to the accuracy or appropriateness of information you provide to your Clients through the Platform
• Client Claims: Any claim brought by your Clients, their families, or their representatives related to the services you provide, whether or not such services involved the use of the Platform
• Regulatory Violations: Any fine, penalty, or sanction resulting from your failure to comply with applicable healthcare, data protection, or professional licensing regulations
• Breach of Terms: Any claim arising from your breach of these Terms, including misuse of Client Data, unauthorized access by your Authorized Users, or violation of the Acceptable Use policy
• Intellectual Property: Any claim that content you upload to the Platform infringes the intellectual property rights of a third party

SeeMyHealth will promptly notify you of any claim subject to indemnification and will cooperate with you in the defense of such claim. SeeMyHealth reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Governing Law. These Terms and any disputes arising from or relating to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions.

Informal Resolution First. Before initiating any formal dispute resolution proceeding, you agree to contact us at legal@seemyhealth.ai and attempt to resolve the dispute informally. We will endeavor to resolve the dispute within 45 days. If the dispute is not resolved within this period, either party may proceed with formal dispute resolution.

Binding Arbitration. Any dispute, controversy, or claim that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or at a location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND SEEMYHEALTH AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Exceptions. Notwithstanding the above, either party may: (a) bring an individual action in small claims court for disputes within the court's jurisdictional limits; or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

EEA, UK & Switzerland Exemption. If you are located in the European Economic Area, United Kingdom, or Switzerland, the binding arbitration and class action waiver provisions in this section do not apply to you. Instead, you may bring proceedings in the courts of your country of residence, and the mandatory consumer protection laws of your jurisdiction will apply.

SeeMyHealth may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices.

Material Changes. For material changes (including changes to pricing, data handling, liability, or dispute resolution provisions), we will provide at least 30 days' written notice via email to the address associated with your account. Material changes will not apply retroactively.

Non-Material Changes. For minor or clarifying changes, we will update the "Last updated" date at the top of this page and post the revised Terms on the Platform.

Your Options. If you do not agree with the revised Terms, you may cancel your subscription and terminate your account before the changes take effect. Continuing to use the Platform after the effective date of revised Terms constitutes your acceptance of the changes.

Notice of Changes. We encourage you to review these Terms periodically. The "Last updated" date at the top of this page indicates when these Terms were last revised.

For questions about these Terms or to exercise any rights described herein:

Legal inquiries: legal@seemyhealth.ai
Provider support: providers@seemyhealth.ai
Website: seemyhealth.care