1. Who may use the Services
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are designed for physicians, advanced practice providers, residents and other healthcare professionals, and for people who help them with their professional administration. You confirm that the professional information you give us about yourself is true.
If you use the Services on behalf of a practice or other organization, you confirm that you have authority to accept these Terms for it, and “you” includes that organization.
2. User accounts
You sign up with your mobile phone number, which our sign-in provider verifies by text message. Keep your account information accurate and up to date. You may have only one account, and you may not share it or let someone else use it.
You are responsible for keeping your phone, your Apple account and your sign-in codes secure, and for activity through your account and the phone number linked to it. If you believe your account, phone or a saved login has been compromised, tell us right away at benshaener@gofetchdata.com.
3. Using the Services
Inputs, Outputs and Actions
“Input” means anything you give Leo, including your messages, documents, professional records and Vault items, and information Leo receives from services you connect. “Output” means what Leo produces for you, such as replies, summaries, drafts, completed forms and reminders. “Actions” are steps Leo takes for you in other services, such as filling in or submitting a form in a website, sending an email or creating a calendar event. Input and Output together are “Materials”.
Your Input
You confirm that you have all rights, permissions and consents needed to give us your Input and to have Leo use it as you direct, including any information about other people. Do not give Leo Input you are not allowed to share.
Connected services
You can authorize Leo to access other services for you, such as Google Calendar and Gmail through Google’s consent screen, and websites and portals where Leo works through a cloud browser using logins you save in your Vault. Information Leo receives from a connected service is Input. You authorize us to access and use it to provide the Services, as described in our Privacy Policy. You are responsible for complying with the terms of each service you connect and for having the right to let Leo use it.
You can disconnect Google Calendar or Gmail at any time in your Leo account, and you can revoke a Vault item at any time. Disconnecting stops Leo from accessing the service. It does not by itself delete information Leo already collected, such as Gmail and Calendar feed items or details in your conversations and Leo’s notes. Revoking a Vault item does not sign you out of sites where Leo is already signed in. To delete collected information, delete your account or contact us. The Privacy Policy explains what each step deletes.
Actions
When you ask Leo to take an Action, you appoint Leo as your agent to take it for you, and you are bound by Actions Leo takes within your instructions. Leo checks with you before attestations, payments and other consequential steps, such as anything new or submitted in your name. You are responsible for every Action you approve or instruct.
If Leo pays a fee or makes a purchase for you, for example with a card saved in your Vault, the transaction is between you and the third party. Fetch Data is not a party to it, does not process the payment, and is not responsible for the third party’s goods, services, refunds or policies.
Materials
As between you and us, you keep all rights to your Input, and we do not claim ownership of your Materials. You give us a limited permission to host, store, copy, process, transmit and display your Materials only as needed to provide, secure and support the Services for you, as described in our Privacy Policy. This includes sending them to service providers that help us run the Services, such as AI model providers.
Fetch Data does not use your Materials to train AI models. Vault items are used only to complete the tasks you ask for, and their values are never given to AI models. Google user data is never used to develop, improve or train generalized or non-personalized AI or machine learning models.
Output may be similar to output produced for others, and we do not promise that Output is protected by copyright or free of third-party rights.
Responsibilities and risks
You understand and accept that:
- Leo uses AI and can be wrong. Output can be inaccurate, incomplete or out of date, and Leo can misunderstand a request.
- You must review Output before relying on it, and review anything Leo prepares before you approve it. You are responsible for confirming that applications, attestations, forms, emails, payments and other submissions are accurate, complete, truthful and permitted.
- Some Actions cannot be undone, such as a submitted application, a sent email or a payment.
- Content in websites and emails may try to mislead Leo. Tell us if Leo does something you did not ask for.
- Leo is an administrative assistant. It does not provide medical advice, diagnosis or treatment, and it is not a medical device or clinical decision support tool. Do not use it to make or support decisions about patient care. Its information about pay, contracts, licensing, tax and similar matters is general, not legal, financial or tax advice.
- You are responsible for the consequences of Actions you approve or instruct.
4. Health information
Leo is for your professional administration, not patient care. Do not use Leo for charting or patient communication, and keep patient information out of your messages and uploads. When you ask Leo to work with a message or event, make sure you are permitted to share its contents with Leo.
Fetch Data is not a HIPAA covered entity or business associate, and it does not sign business associate agreements. Leo is not designed to receive protected health information (PHI). Do not connect accounts, such as an email account or calendar, that contain PHI, and do not share messages, uploads or other content that contain PHI. You are responsible for making sure that what you connect and share with Leo does not contain PHI.
5. Paid services
The Services do not currently include paid plans. If we introduce one, we will show you the price and payment terms before you are charged: [TODO: Ben — pricing, billing and refund terms before any paid plan launches].
6. Privacy and acceptable use
Privacy Policy
Our Privacy Policy at /privacy explains how we collect, use and disclose information, including Google user data.
Acceptable use
You agree not to use the Services, or ask Leo, to:
- break any law or regulation, or violate anyone’s rights, including privacy and intellectual property rights;
- submit false, misleading or fraudulent information to a credentialing body, licensing board, employer, payer or anyone else, or impersonate another person;
- access accounts, systems or data you are not authorized to access;
- share patient information, or share information about another person unless you are permitted to and it is needed for your request;
- send spam, harassment or unsolicited bulk messages;
- violate the terms of a website or service Leo uses for you;
- probe, scan, overload or disrupt the Services, or bypass their security, usage limits or safeguards; or
- generate content that is unlawful, harmful, harassing or deceptive.
We may investigate suspected violations, and may suspend or limit the Services to protect you, other users, third parties or the Services.
7. Rights we grant you
Right to use the Services
Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable and revocable right to use the Services. The Services may sometimes be unavailable or interrupted.
Restrictions
You may not:
- copy, modify, sell, resell, rent or sublicense the Services;
- reverse engineer or try to extract the source code or models of the Services, except where the law allows despite this restriction;
- use automated means to scrape or extract data from the Services;
- use the Services or Output to develop a competing product or to train AI models that compete with the Services;
- present Output as human-generated when it is not, where that would be misleading; or
- remove proprietary notices from the Services.
Beta
Leo is in beta. The Services and their features may change, have errors or be unavailable, and are provided as is. Beta features may be changed or removed at any time.
8. Ownership
Fetch Data and its licensors own the Services, including their software, design and content, other than your Materials. Leo, LeoMD and related names and logos are our trademarks. Other names and marks belong to their owners. All rights not expressly granted are reserved.
If you give us feedback or suggestions, we may use them without restriction or obligation to you.
We may collect and use deidentified or aggregated data about how the Services are used, as described in our Privacy Policy.
9. Third-party services and materials
The Services rely on and work with services we do not control. These include AI models from third-party providers, Apple iMessage, Google Calendar and Gmail, and the websites and portals Leo uses for you. Third-party services have their own terms and privacy policies, and their availability can change. We are not responsible for third-party services, their content, or how they handle information you or Leo submit to them.
If you connect a Google account, Leo accesses your Google data only within the permissions you grant and only to provide the features you use, as our Privacy Policy describes. You can remove Leo’s access at https://myaccount.google.com/permissions.
10. Disclaimers, limitation of liability and indemnification
Disclaimers
THE SERVICES AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, FETCH DATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT OUTPUT WILL BE ACCURATE, THAT DATA WILL NOT BE LOST, OR THAT ANY APPLICATION, RENEWAL, SUBMISSION OR REQUEST WILL BE ACCEPTED OR COMPLETED ON TIME. YOU RELY ON OUTPUT AT YOUR OWN RISK. Some jurisdictions do not allow certain disclaimers, so some of them may not apply to you.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FETCH DATA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED [TODO: Ben — liability cap; a common default is the greater of US$100 or the fees you paid in the prior 12 months]. These limits apply to every theory of liability, even if a remedy fails of its essential purpose. Some jurisdictions do not allow these limits, so they may not fully apply to you.
Indemnification
To the extent permitted by law, you will defend, indemnify and hold harmless Fetch Data and its affiliates, officers, employees and agents from third-party claims, and related losses and reasonable costs, arising from your Input, your misuse of the Services, your violation of these Terms or the law, or Actions you approved or instructed.
11. Dispute resolution
Informal resolution first
Before starting a formal proceeding, the party with a dispute must send the other a written description of it, and both of us will try in good faith to resolve it informally for at least 30 days. Send notices to us at benshaener@gofetchdata.com.
Arbitration and class action waiver
Arbitration decision: [TODO: Ben — whether to require individual arbitration and, if so, the arbitration provider and rules]. If arbitration applies, disputes not resolved informally will be resolved by binding individual arbitration, not in court, except that either party may bring an individual claim in small claims court, seek injunctive relief for misuse of intellectual property, or bring other claims that cannot be arbitrated under applicable law.
If arbitration applies, you may opt out of it by emailing benshaener@gofetchdata.com within [TODO: Ben — arbitration opt-out window, such as 30 days] of first accepting these Terms. Opting out of arbitration does not affect the rest of these Terms.
To the extent permitted by law, you and we may bring claims against each other only individually, and not as a plaintiff or class member in a class, collective or representative proceeding.
12. Additional provisions
Messages from Leo
Leo talks with you through iMessage from the Leo number assigned to you. By messaging Leo, you agree that Leo may message you about your requests, including follow-ups and reminders it starts about deadlines and open tasks. Leo does not send marketing messages through iMessage. You can pause Leo at any time in your Leo account. [TODO: Ben — STOP and HELP keyword handling for messages from Leo]. Your carrier’s message and data rates may apply.
Changes to the Services
We may add, change or remove features of the Services, or stop offering them, at any time.
Updating these Terms
We may update these Terms. We will update the effective date, and give you reasonable notice of material changes before they take effect, for example through the Services or by message. If you keep using the Services after that, you accept the updated Terms. Changes do not apply to a dispute that arose before them.
Termination
You can stop using the Services at any time and ask us to delete your account. We may suspend or terminate your access if you violate these Terms, if your use creates risk or legal exposure for us or others, if the law requires it, or if we stop offering the Services. Where reasonable, we will give you notice and a chance to request a copy of your information first. After your account is deleted, your Materials are deleted as described in our Privacy Policy. Sections that by their nature should survive termination, including Sections 3 (Materials), 8, 10 and 11, survive.
Injunctive relief
A breach of these Terms that threatens the Services, our intellectual property or other users may cause harm that money cannot adequately remedy, and we may seek injunctive or other equitable relief in addition to other remedies.
California residents
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
Export laws
You may not use or export the Services in violation of U.S. export control or sanctions laws, including from a sanctioned country or by a person on a U.S. government restricted-party list.
Miscellaneous
These Terms, with our Privacy Policy, are the entire agreement between you and us about the Services. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets. These Terms are governed by the laws of [TODO: Ben — governing law state], without regard to conflict-of-laws rules. Subject to Section 11, disputes will be brought exclusively in [TODO: Ben — courts with exclusive venue for disputes].
How to contact us
Fetch Data, LLC, [TODO: Ben — mailing address]. Email: benshaener@gofetchdata.com.
13. Text messages for sign-in
When you sign up or sign in, our sign-in provider sends a one-time verification code by text message to your phone number. These texts are used only for verification, are sent only when you request them, and do not include marketing. Message and data rates may apply, and carriers are not liable for delayed or undelivered messages. For help, contact benshaener@gofetchdata.com.