Last Updated: December 7, 2023
Azra Care is committed to facilitate personalized patient support, enhance patient-provider communications while alleviating burden on providers. This document contains important information regarding use of Azra Care.
Azra Care was developed and is offered for use by Azra Care Inc. (“Azra,” “Azra Care,” “we,” “our” or “us”). The Azra Care website at www.azra.health, “Site”, along with our related Azra Care website(s), applications, networks, software, hardware devices, mobile application(s), and other services provided by us, which may include the use of large language models and AI technologies, are collectively referred to as the “Service” or “Services” throughout this document. Azra Care is a digital health and technology company applying technology, clinical expertise, and behavioral science to enhance healthcare delivery and management. These Terms of Service and End User License Agreement are a legally binding contract between you and Azra regarding your use of the Service.
Please Read the Following Terms Carefully
By choosing “I Accept,” you agree that you have read and understood, and agree to be bound, by the following terms and conditions, including Azra Care’s privacy policy (together, the “Terms”). If you are not eligible, or do not agree to the terms, then you do not have our permission to use the services.
THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WHILE THE SERVICE UTILIZES INFORMATION AND AI TECHNOLOGIES TO SUPPORT CARE MANAGEMENT, IT DOES NOT PROVIDE MEDICAL ADVICE. ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE; DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. THE SERVICE IS NOT DESIGNED FOR USE IN MEDICAL EMERGENCIES.
YOU HEREBY CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION AND OTHER PROTECTED HEALTH INFORMATION (“PHI”) AS DEFINED UNDER THE HEALTH INFORMATION AND PRIVACY PROTECTION ACT (“HIPAA”), IN ACCORDANCE WITH OUR PRIVACY POLICY, AVAILABLE AT www.azra.health/privacy. IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND/OR DISCLOSURE OF THIS INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that these Terms include the following provisions:
a. ARBITRATION – Disputes arising hereunder will be resolved by binding arbitration, and BY USING THE SERVICE, YOU AND AZRA CARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
b. LICENSE – The Service, including any AI and large language model technologies, is licensed to you on a subscription basis set forth by the terms agreed with you or your health plan or employer sponsor. The Service is not sold to you, and you may use the Service only as set forth in these Terms.
- PRIVACY – You consent to the collection and use of certain of your personally identifiable information in accordance with Azra’s Privacy Policy.
- NO WARRANTY – The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, and Azra Care’s liability to you is limited.
2. Our Services. As part of the Service, we offer programs and communications (such as SMS messaging, AI-driven inquiry response, mobile applications, provider/healthcare interactions, and health management resources) designed to assist users in health management, education, and social needs resources. These are not a substitute for professional medical advice or treatment. Our Services may include, without limitation, the following:
a. Registration capabilities with respect to the Service;
b. The provision of mobile application(s) for health tracking and management;
c. The delivery of educational materials and resources to enhance your understanding of health and wellness;
d. The use of AI and large language models for predictive analytics and personalized user experiences;
e. The provision of web-based portals to deliver the Service to you;
f. Access to your health information collected through our Service for personal monitoring and in consultation with your healthcare providers;
g. Opportunities to participate in health and wellness communities supported by the Service;
h. Requests for additional information or data deemed necessary for the improvement of health outcomes;
i. Customer services to address questions and concerns about the Services described above.
3. Eligibility. You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are accepting these Terms on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, and you agree to be bound by these Terms.
4. Accounts and Registration. To access some features of the Service, you must register for an account. When registering, you may be required to provide information about yourself, such as your name, email address, and mobile phone number. You agree to provide accurate information and keep it up-to-date. You are responsible for maintaining the confidentiality of your account and password and for all activities under your account. If you believe your account security has been breached, notify us immediately at support@azra.health.
5. Location-Based Services. Some features of the Service may access your location to enhance your user experience and provide more personalized information and/or resources. To use these features, you may need to enable location services on your device. You agree that device data we collect is relevant to your use of the Service and that we may use such information as part of the Service.
6. General Payment Terms. Azra Care may be available through a healthcare entity, such as a hospital, healthcare provider, or health plan sponsor. Some features of the Service may require payment of fees, which will be clearly communicated to you. All fees are non-refundable and in U.S. Dollars. You authorize Azra Care to charge all sums described in these Terms to the payment method specified in your account.
a. Subscription Service. For certain components of the Service, recurring payments may be required. By activating a Subscription Service, you authorize periodic charges until cancellation. The subscription will continue unless and until you cancel your subscription or we terminate it. You may cancel by contacting us at admin@azra.health.
b. Delinquent Accounts. Azra Care reserves the right to suspend or terminate Service for unpaid accounts. Such accounts will incur additional charges related to chargebacks or collection fees.
7. Licenses
a. Limited License. Subject to these Terms, Azra Care grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for your personal, non-commercial use.
b. License Restrictions. You may not reproduce, distribute, publicly display, or perform the Service or any part thereof; reverse engineer, decompile, or modify the Service; or interfere with any feature of the Service, including security or access control mechanisms.
c. Feedback. You grant Azra Care a perpetual, irrevocable, non-exclusive, royalty-free right to use any feedback you provide for any purpose.
8. Ownership
Proprietary Rights. The Service is owned and operated by Azra Care. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Azra Care are protected by intellectual property and other laws. All Materials included in the Service are the property of Azra Care or our third-party licensors. Except as expressly authorized by Azra Care, you may not make use of the Materials. Azra Care reserves all rights to the Materials not granted expressly in these Terms.
9. Third-Party Terms
a) Carrier Service. Your access to and use of the Service may be subject to your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are solely your responsibility.
b) Third-Party Services and Linked Websites. Azra Care may provide tools through the Service that enable you to export information to third-party services or contain links to third-party websites. Use of these tools or links involves transferring information to third-party services or visiting third-party websites, which are not controlled by Azra Care. Azra Care is not responsible for the content or privacy practices of these third-party services or websites. Any such interaction is governed by the terms of those third-party services or websites.
10. Prohibited Conduct. You agree not to engage in misconduct, including but not limited to using the Service for illegal purposes, infringing on third-party rights, transmitting malicious content, conducting fraudulent activities, or interfering with the Service’s operation.
11. Dispute Resolution and Arbitration
c) Generally. All disputes arising under these Terms will be resolved by binding arbitration, waiving the right to a trial by jury or to participate in a class action. Arbitration will be governed by the American Arbitration Association’s rules.
d) Exceptions. This arbitration agreement does not preclude seeking relief in small claims court or from regulatory agencies, seeking injunctive relief in court, or addressing intellectual property infringement claims in court.
e) Arbitration Procedures. Arbitration will be conducted under the Federal Arbitration Act and administered by the American Arbitration Association. Detailed procedures are outlined in this section.
f) Modifications to this Arbitration Provision. Future changes to this arbitration provision, except for changes to Azra Care’s address for Notice, can be rejected by you within 30 days of the change.
12. Termination and Modification of the Service
a. Termination. If you violate any provision of these Terms, we reserve the right to terminate, suspend, and/or deactivate your access to the Services immediately, without notice. and these Terms automatically terminate. Azra Care may, at its sole discretion, terminate these Terms, your profile on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. Azra Care shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation. Sections 7c, 8, 12a, 15, 16, 17, and 18 shall survive any termination or expiration of these Terms of Use.
b. Modification of the Service. Azra Care reserves the right to modify, extend, or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. You also consent to being contacted by Azra Care communications for an indeterminate amount of time. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
13. Changes to These Terms of Use. We may change these Terms of Use and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.
14. Corrections. There may be information on the Site or sent to you via the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site or on the Service at any time, without prior notice.
15. Disclaimer. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S OR SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. Limitation of Liability. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Indemnification. You are responsible for your use of the Service, and you will defend and indemnify Azra Care and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims. We will use reasonable efforts to notify you of any such Claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. General Terms
a. Governing Law. These Terms shall be governed by and defined following the laws of the United States and your irrevocably consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
g) Entire Agreement. These Terms, along with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Azra Care regarding the Service.
h) Contact Information. If you have any questions about these Terms, please contact Azra Care at support@azra.health.
19. Dispute Resolution
a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
b. Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in North Carolina. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in North Carolina, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
c. Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
d. Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. User Data. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. Electronic Communications, Transactions, and Signatures. Visiting the Site, sending SMS messages to the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via SMS and email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. Miscellaneous. These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Service. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
23. Contact. In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: support@azra.health