Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and GenomOncology, LLC ("Company," "we," "us," or "our") governing your access to and use of the Advocate mobile application, website, and related services (collectively, the "Service").

By creating an account, downloading the application, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Critical Health Information Disclaimers

2.1 Not Medical Advice

The Service is a care coordination and information management tool only. The Service does NOT provide:

• Medical advice, diagnosis, or treatment recommendations
• Clinical decision support for healthcare providers
• Emergency medical services or urgent care guidance
• Replacement for professional medical judgment
• Guaranteed accuracy of drug interaction information

2.2 Professional Medical Care Required

You must ALWAYS:

• Consult qualified healthcare professionals for all medical decisions
• Seek immediate professional medical attention for health emergencies
• Verify all medication information with a licensed pharmacist or physician
• Never delay seeking medical care based on information from the Service
• Never disregard professional medical advice based on Service content

2.3 Emergency Situations

2.4 Drug Interaction Information

The Service may provide drug interaction alerts and medication information. This information is:

• For informational purposes only
• Not a substitute for professional pharmaceutical advice
• Not guaranteed to be complete, accurate, or up-to-date
• Subject to change without notice

Always consult with a licensed pharmacist or physician before making any medication decisions.

2.5 AI-Generated Content

The Service uses artificial intelligence to process voice commands, generate summaries, and provide information. AI-generated content:

• May contain errors, omissions, or inaccuracies
• Should be verified before acting upon
• Does not constitute medical advice or professional guidance
• Is provided "as is" without warranty of accuracy

2.6 AI Services HIPAA Disclosure

By using AI-powered features, you acknowledge and consent to your data being processed by these non-HIPAA-compliant services. AI features are optional, and you may choose to use the Service without them. See our Privacy Policy and HIPAA Compliance page for complete details.

2.7 AI Training and Third-Party Providers

Regarding the use of your data for AI improvement:

• We do not allow third-party AI providers to train their models on your Protected Health Information (PHI)
• We maintain contractual agreements with AI vendors that prohibit them from using your data for their own model training
• Where required by state consumer health data laws (such as in Washington or Nevada), we will obtain separate, explicit consent before including your data (even de-identified) in research or analytics datasets

3. Description of Service

Advocate is a HIPAA-compliant care coordination platform designed to help families and caregivers communicate and coordinate care. The Service provides:

• Care Team Management: Create and manage care teams with customizable roles and permissions
• Health Tracking: Log and monitor various health metrics including:
  • Medications and administration schedules
  • Vital signs (blood pressure, heart rate, temperature, etc.)
  • Food and fluid intake
  • Bathroom activities
  • Catheter care
  • Physical and occupational therapy exercises
  • Mental health observations
• Communication: Secure messaging between care team members
• Scheduling: Appointment tracking and medication reminders
• AI Voice Assistant: Voice-enabled data entry and commands
• Summaries and Reports: Generate health summaries for sharing with healthcare providers
• Second Opinions: Secure sharing of patient data with consulting physicians

4. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and truthful registration information

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

5. Account Registration and Security

5.1 Account Creation

You must create an account to access most Service features. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Create a strong, unique password
• Not share your login credentials with anyone

5.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your device and network are secure

5.3 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms or applicable laws
• Contain inaccurate or fraudulent information
• Are used for unauthorized purposes
• Pose a security risk to the Service or other users

6. Acceptable Use Policy

6.1 Permitted Uses

You may use the Service only for its intended purpose of personal care coordination. This includes:

• Coordinating care for yourself or individuals you are authorized to care for
• Communicating with authorized care team members
• Tracking health information with appropriate consent
• Sharing health summaries with authorized healthcare providers

6.2 Prohibited Uses

You agree NOT to:

• Legal Violations:
  • Use the Service for any unlawful purpose
  • Violate HIPAA or other healthcare privacy laws
  • Access patient information without proper authorization
• Data Integrity:
  • Enter false, misleading, or inaccurate health information
  • Falsify your identity or impersonate another person
  • Create accounts for fictitious persons
• Security:
  • Share your account credentials with others
  • Access accounts or information without authorization
  • Attempt to gain unauthorized access to our systems
  • Transmit viruses, malware, or other malicious code
  • Interfere with or disrupt the Service
• Commercial:
  • Resell, sublicense, or commercially exploit the Service
  • Use automated systems (bots, scrapers) without permission
  • Reverse engineer, decompile, or disassemble the Service
• Harmful Conduct:
  • Use the Service to harass, abuse, or harm others
  • Upload content that is defamatory, obscene, or offensive
  • Interfere with other users' use of the Service

7. Care Team Responsibilities

7.1 Primary Advocate Responsibilities

As a Primary Advocate (account creator), you are responsible for:

• Ensuring you have proper authorization to manage care for the patient
• Managing access permissions for all care team members
• Verifying that invited members are authorized to view patient information
• Reviewing and updating permissions as care needs change
• Removing access for members who should no longer have it
• Ensuring all entered information is accurate to the best of your knowledge

7.2 All Care Team Members

All care team members acknowledge that:

• Information shared may be viewed by all authorized team members
• They must maintain confidentiality of patient information
• They must only enter accurate information
• They must comply with all applicable privacy laws

8. User Content

8.1 Ownership

You retain ownership of all content and data you submit to the Service ("User Content"), including health information, notes, and messages.

8.2 License Grant

By submitting User Content, you grant us a limited, non-exclusive license to:

• Store, process, and display your content to provide the Service
• Share content with care team members you authorize
• Generate summaries and reports as directed by you
• Create backups for data protection purposes
• Use anonymized, aggregated data to improve our services (only with your opt-in consent for research)

8.3 Your Representations

You represent and warrant that:

• You have the right to submit all User Content
• Your content does not violate any third-party rights
• Your content complies with all applicable laws
• Health information is accurate to the best of your knowledge

9. Intellectual Property

The Service and its original content, features, functionality, and design are owned by GenomOncology LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or distribute Service content without permission
• Use our trademarks without prior written consent
• Remove or alter any proprietary notices
• Create derivative works based on the Service

10. Third-Party Services

The Service may integrate with or link to third-party services, including:

• Cloud infrastructure providers
• AI and voice recognition services
• Drug interaction databases
• Communication and notification services

We are not responsible for the content, privacy policies, practices, or availability of third-party services. Your use of third-party services is at your own risk and subject to their terms of service.

11. Service Availability and Modifications

11.1 Availability

We strive to maintain high availability but do NOT guarantee:

• Uninterrupted or error-free access to the Service
• That defects will be corrected
• That the Service is free of viruses or harmful components
• Availability in all geographic regions

11.2 Modifications

We may, at any time and without notice:

• Modify, suspend, or discontinue any part of the Service
• Add or remove features
• Update system requirements
• Perform maintenance that may cause temporary unavailability

We are not liable for any modification, suspension, or discontinuation of the Service.

12. Fees and Payment

Certain features of the Service may require payment. If you purchase a subscription or paid features:

• Payment is processed through the Apple App Store or Google Play Store for in-app subscriptions
• You agree to pay all applicable fees
• Fees are non-refundable except as required by law, platform policy, or stated in our refund policy
• We may change pricing with 30 days' notice
• Failure to pay may result in suspension or termination of access
• You are responsible for all applicable taxes
• Refund requests for in-app purchases must be submitted through the respective app store

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, title, and non-infringement
• ACCURACY of content, data, drug interaction information, AI-generated content, or health information
• RELIABILITY of the Service, including uninterrupted, timely, secure, or error-free operation
• RESULTS obtained from use of the Service
• SECURITY of data transmission or storage (despite our security measures)
• COMPATIBILITY with your devices, systems, or other software

No advice or information obtained from the Service creates any warranty not expressly stated in these Terms.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENOMONCOLOGY, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY
• PERSONAL INJURY OR PROPERTY DAMAGE
• DAMAGES ARISING FROM:
  • Your use or inability to use the Service
  • Any errors, omissions, or inaccuracies in the Service
  • Unauthorized access to or alteration of your data
  • Conduct of any third party on the Service
  • Service interruptions, delays, or failures
  • Reliance on information provided by the Service
  • Medical decisions made based on Service information
  • Drug interactions not detected by the Service
  • AI-generated content errors or omissions

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE PROHIBITED BY LAW OR FOR OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.

14.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED DOLLARS ($100 USD)

14.3 Essential Purpose

These limitations apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

15. Indemnification

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

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your User Content
• Any claim that your use of the Service caused damage to a third party
• Your negligent or willful misconduct
• Medical decisions you make based on Service information

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

16. Assumption of Risk

By using the Service, you expressly acknowledge and assume the following risks:

• Healthcare Risks: The Service is not a substitute for professional medical care. Healthcare decisions carry inherent risks.
• Data Accuracy: Health tracking data is only as accurate as the information entered. Errors in data entry may affect care decisions.
• Technology Limitations: No software is perfect. The Service may have bugs, errors, or security vulnerabilities.
• Third-Party Reliance: Care team members may rely on information you provide. You are responsible for accuracy.
• Communication Delays: Messages and alerts may be delayed due to technical issues or network problems.

17. Dispute Resolution

17.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at legal@genomoncology.com. We will attempt to resolve the dispute within 30 days.

17.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Cleveland, Ohio, before a single arbitrator.

17.3 Class Action Waiver

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Cuyahoga County, Ohio.

19. Termination

19.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in the app (Settings → Account → Delete Account), or
• Contacting us at the email address provided below

For email-based deletion requests, we may take steps to verify your identity before processing. We will process your request in accordance with applicable laws and our data retention policies.

19.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including:

• Breach of these Terms
• Fraudulent, illegal, or harmful activity
• Conduct harmful to other users or the Service
• Extended periods of inactivity
• At our sole discretion

19.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• You may request a copy of your data before termination by contacting our Privacy Officer
• We may delete your account and data (subject to legal retention requirements and medical record retention laws)
• Provisions that by their nature should survive (including disclaimers, limitations of liability, and indemnification) shall survive

20. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will post the updated Terms on this page
• We will update the "Last updated" date
• For material changes, we will provide notice via email or in-app notification
• Continued use after changes constitutes acceptance

If you do not agree to the modified Terms, you must stop using the Service and delete your account.

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and GenomOncology, LLC regarding the Service and supersede all prior agreements.

21.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

21.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

21.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

21.5 Force Majeure

We shall not be liable for any failure or delay due to circumstances beyond our reasonable control, including natural disasters, acts of war, terrorism, labor disputes, government actions, or internet/telecommunications failures.

21.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

21.7 Notices

We may provide notices to you via email, in-app notification, or posting on the Service. You may contact us at legal@genomoncology.com.

22. Contact Information

If you have questions about these Terms, please contact us: