End User License Agreement

1. Acceptance of Terms

By downloading, installing, or using the Kaizen Health - Family mobile application ("App"), you agree to be bound by this End User License Agreement ("Agreement") between you and Kaizen Healthcare Inc ("Company," "we," "us," or "our"), located at 1875 Mission St Ste 103 San Francisco, CA 94103. If you do not agree to these terms, do not download, install, or use the App.

2. Eligibility

You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement.

3. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use.

4. Subscription Services

4.1. The App offers the following subscription options:

• Kaizen Duo: $9.99 per month
• Kaizen Family: $14.99 per month

4.2. Important subscription information:

• Subscription fees are billed through your Apple App Store or Google Play Store account
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• You can manage and cancel subscriptions through your app store account settings

5. Health Information and HIPAA Compliance

• We apply safeguards aligned with the Health Insurance Portability and Accountability Act (HIPAA) to health information. Section 14 of our Privacy Policy explains when HIPAA does and does not apply to a direct-to-consumer service like ours, and which consumer health privacy laws protect your data instead.
• You acknowledge that any health information you provide is voluntary
• We maintain appropriate administrative, technical, and physical safeguards to protect your health information

6. AI Chatbot Services and Medical Disclaimer

• The AI chatbot feature ("Health Chatbot") provides general health information and suggestions only
• The Health Chatbot does not provide medical diagnosis, treatment, or professional medical advice
• Never disregard professional medical advice or delay seeking it because of information provided by the Health Chatbot
• Users can report inappropriate or concerning AI responses through the app's reporting feature
• The Company does not guarantee the accuracy, completeness, or usefulness of any AI-generated content

7. Data Collection and Privacy

7.1. We collect and process the following types of information:

• Personal information
• Health data
• Device information
• Usage data

7.2. Additional privacy information:

• Third-party service providers may collect additional information according to their own privacy policies
• Our detailed Privacy Policy, available here, describes how we collect, use, and protect your information.

8. User Content and Sharing

• You retain ownership of any content you create or upload to the App
• By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and share your content for the purpose of providing our services
• You may only share health information about others with their explicit consent
• You are solely responsible for any content you share through the App

9. Third-Party Services

• The App runs on Amazon Web Services, Google Cloud, and Firebase backend services, and integrates with third-party AI providers, email delivery, analytics, error monitoring, app store billing, and Apple Health and Google Health Connect. Each is named in our Privacy Policy.
• Your use of third-party services is subject to their respective terms and privacy policies
• We are not responsible for any third-party services or content

10. Termination

10.1. We may terminate or suspend your access to the App immediately, without prior notice, for any reason.

10.2. Upon termination:

• Your license to use the App will end
• You must cease all use of the App
• You remain bound by sections that by their nature continue after termination

11. Disclaimers and Limitations of Liability

• THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
• IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE PAST 12 MONTHS

12. Governing Law and Jurisdiction

• This Agreement is governed by the laws of the State of California, United States
• For users in India, additional terms may apply as required by local law
• Any disputes shall be resolved in the courts of San Francisco, California

13. Contact Information

For questions about this Agreement, please contact:

• Kaizen Healthcare Inc
• 1875 Mission St Ste 103
• San Francisco, CA 94103
• Email: info@kaizenhealth.io

14. Changes to This Agreement

• We reserve the right to modify this Agreement at any time
• We will notify you of any material changes through the App or via email
• Your continued use of the App after such modifications constitutes acceptance of the updated Agreement

By using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement.