Terms of Service

1. Terms

By accessing our platform at EVAL Health ("Service"), you are agreeing to be bound by these terms of service ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. User Accounts and Responsibilities

To access most features of the Service, you must register for an account. You agree to:

Provide true, accurate, current, and complete information as prompted by the registration form.
Maintain the security of your password and accept all risks of unauthorized access to your account.
Promptly notify us if you discover or otherwise suspect any security breaches related to the Service.
Accept responsibility for all activities that occur under your account, whether or not you have authorized them.

3) Use License

Grant of License: Subject to your compliance with these Terms, EVAL Health grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for its intended purposes as described in our documentation and on our website. This license is for the duration of your active account or subscription term.
Restrictions: Your right to use the Service is subject to the following restrictions. You agree not to:
1. Modify, copy, reproduce, or create derivative works based on the Service or its underlying technology;
2. Resell, lease, sublicense, or otherwise commercially exploit the Service or grant third-party access to it;
3. Attempt to decompile, disassemble, or reverse engineer any software that is part of the Service;
4. Remove any copyright, trademark, or other proprietary notices from the Service;
5. Access the Service in order to build a competitive product or service, or to "mirror" or "frame" any part of the Service on another website.

4) User-Generated Content

Ownership: You retain all ownership rights to the content you create on the Service, including any clinical applications you build ("User Content").
License You Grant: By submitting, creating, or publishing User Content on the Platform, you grant certain rights to EVAL Health and to other users.
1. License to EVAL Health: You grant EVAL Health a worldwide, non-exclusive, royalty-free license to use, host, reproduce, display, and distribute your User Content. This license is for the limited purpose of operating the Service, providing your User Content to you, and—if you choose to publish it—making it available to other users via our public marketplace. This license to list your User Content in the marketplace terminates when you unpublish or delete the User Content.
2. License to Other Users: For any User Content you publish to our public marketplace or share privately with other accounts, you also grant every other user of the Service who obtains a copy of your User Content (for example, by installing your clinical app) a perpetual, irrevocable, non-exclusive, royalty-free license to use that copy of the User Content within their own account on the Service.
Continuity of Operations: The perpetual license granted to other users is a critical component of the Service, designed to ensure continuity for healthcare providers. This means that if you unpublish or delete your User Content, or terminate your account, any user who has already installed a copy will retain the right to continue using their copy indefinitely. While you have the ability to mark your User Content as "deprecated" and communicate with its users, you do not have the right to revoke access or "claw back" copies that have already been distributed.

5) Subscriptions, Fees, and Payment

Certain features of the Service may be provided for a fee. By subscribing to a paid feature, you agree to pay EVAL Health the applicable subscription fees.

Billing: All fees are billed in advance on a recurring basis (e.g., monthly or annually). Subscriptions will automatically renew at the end of each billing cycle unless you cancel your subscription through your account settings prior to the renewal date.
Payment: You must provide us with a valid payment method. You authorize us to charge this payment method for all purchased subscriptions.
No Refunds: All fees are non-refundable, except as required by law or at our sole discretion.

6) Privacy and Data Management

Your privacy and the security of all data on the EVAL Health platform are critically important to us. Our data management practices are detailed in our dedicated Privacy Policies, which are a core part of this agreement.

Because our platform serves distinct user groups, we maintain separate privacy policies. By using our Services, you acknowledge and agree to the terms of the policy that applies to your user type:

For Patients: EVAL Health Patient Privacy Policy
For Practitioners: EVAL Health Practitioner & General Website Privacy Policy

A. For Patients

As a Patient using the platform, you acknowledge your understanding and agreement that:

You are the owner of the data you provide to your account.
When you direct the platform to share your data with a healthcare provider, a copy of that data becomes part of your medical record with that provider and is subject to their own legal and data retention obligations.
Deleting your EVAL Health patient account will not delete copies of data previously shared with your providers. Such requests must be made directly to the provider.

B. For Practitioners

As a Practitioner using the platform, you acknowledge your understanding and agreement that:

With respect to any Protected Health Information (PHI) you handle on the platform, you are a "Covered Entity" (under HIPAA) or "Data Controller" (under GDPR) and are responsible for complying with all applicable laws.
EVAL Health acts as your "Business Associate" or "Data Processor," and your use of any feature intended for managing PHI (such as "Charts") is contingent upon your acceptance of the EVAL Health Business Associate Agreement (BAA).
You are solely responsible for your legal obligations regarding medical record retention.

If you do not agree with these terms and the applicable Privacy Policy for your user type, you may not access or use the Services.

7. Disclaimer

The materials and Service on EVAL Health's website are provided on an 'as is' basis. EVAL Health makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, EVAL Health does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

8) No Medical Advice and Clinical Responsibility Disclaimer

Service is a Tool: You acknowledge that EVAL Health provides a technology platform and service; we do not provide medical advice, diagnosis, treatment, or any other clinical services. The Service is intended for use as a tool by qualified medical professionals, and it is not a substitute for your independent professional medical judgment, skill, and care.
Responsibility for Content Use: Any applications, templates, or content available on the Service, whether created by EVAL Health or by other users ("Platform Content"), are provided for informational and operational purposes only. EVAL Health does not verify, endorse, or guarantee the clinical accuracy, safety, or appropriateness of any Platform Content.
Your Professional Obligation: As a licensed healthcare professional or organization, you agree that it is your sole and exclusive responsibility to:
1. Independently review and verify the clinical accuracy, safety, and appropriateness of any Platform Content before using it in a clinical setting or for patient care.
2. Ensure that your use of the Service and all Platform Content complies with all applicable professional standards of care, institutional policies, and regulatory requirements, including obtaining any necessary approvals from an Internal Review Board (IRB) or similar ethics committee.
3. Utilize your own professional expertise and judgment at all times. Your professional duty to your patients supersedes any information or functionality provided by the Service.

Your reliance on any Platform Content is entirely at your own risk. You agree to hold EVAL Health harmless for any claims arising from your clinical use of the Service or its content.

9. Limitations

In no event shall EVAL Health or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Service, even if EVAL Health or a EVAL Health authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. Content and Data Accuracy

The materials appearing on EVAL Health's website could include technical, typographical, or photographic errors. EVAL Health does not warrant that any of our own materials are accurate, complete, or current.

You are solely responsible for the accuracy, legality, and appropriateness of all data and content you or your patients input into the Service, including any applications you build or Protected Health Information you manage. EVAL Health does not screen and is not responsible for user-provided content or data.

11. Links

EVAL Health has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by EVAL Health of the site. Use of any such linked website is at the user's own risk.

12. Term and Termination

These Terms are effective unless and until terminated by either you or us. You may terminate your account at any time by following the instructions on the Platform.

We may suspend or terminate your access to the Service at any time, for any reason, including but not limited to your violation of these Terms or non-payment of fees. Upon termination, your right to use the Service will immediately cease, and we may delete your account and all associated data, subject to the provisions of our Privacy Policies and your legal obligations for data retention.

13. Modifications to Terms and Services

EVAL Health reserves the right to modify these Terms at any time. We will provide you with reasonable notice of any material changes, either by posting a notice on our Platform or by sending an email to the address associated with your account. Your continued use of the Service after such changes become effective constitutes your binding acceptance of the new Terms. We also reserve the right to modify or discontinue the Service, in whole or in part, at any time.

14. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Minnesota for the resolution of any disputes.