Open Health Agent
Terms of Use
Welcome to Open Health Agent (“OHA,” “we,” “us,” or “our”). These Terms of Use (“Terms”) are a legal agreement between you and Any Biosignal, Inc., a Delaware corporation located at 2261 Market Street STE 86985, San Francisco, CA 94114, that governs your access to and use of the openhealthagent.com website, the Open Health Agent application, and the related features and services we offer (together, the “Service”). Please read them carefully. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who we are, and what Open Health Agent is
Open Health Agent is a consumer wellness service offered by AnyBio. It helps you bring together the health and fitness data from wearables and apps you already use, organizes and summarizes that data around a goal you choose, and provides general wellness coaching and reminders to help you stay on track.
We are not a healthcare provider, and Open Health Agent is not medical care. We are not a doctor, nurse, clinic, hospital, telehealth provider, or any other kind of licensed healthcare professional or facility, and using the Service does not create any clinician-patient relationship. Open Health Agent is a general wellness product, not a medical service.
2. Wellness, not medical care
Open Health Agent is designed to support your general wellness goals - things like activity, sleep, recovery, habits, and how you feel day to day. It organizes, summarizes, and surfaces your own data and offers general wellness coaching and nudges toward the goals you set.
Open Health Agent does not do the following:
- It does not diagnose any condition or disease.
- It does not detect, screen for, or rule out any disease.
- It does not predict, monitor for, or alert you to medical events or emergencies.
- It does not provide medical advice, medical opinions, or treatment recommendations, and it does not tell you that something is medically wrong with you.
- It is not a medical device and is not a substitute for professional medical advice, diagnosis, or treatment.
Always talk to a qualified healthcare professional about any questions you have regarding your health, before starting or changing any exercise program, diet, medication, or treatment, and before acting on anything you see in the Service. Never disregard or delay seeking professional medical advice because of something Open Health Agent showed or told you.
In an emergency, call 911 or your local emergency number, or go to the nearest emergency room. Open Health Agent is not designed or intended for emergencies and does not monitor you or summon help.
Any content the Service generates - including coaching messages, summaries, and responses from any conversational or AI feature - is for general wellness and informational purposes only. Some states (including California, Illinois, Nevada, Utah, and Texas) regulate AI features that a person could mistake for a licensed professional. To be clear: our AI features are software. They are not, and will not present themselves as, a licensed doctor, nurse, therapist, psychologist, or counselor, and they do not provide professional advice of any kind. If you are in crisis or thinking about harming yourself, do not rely on the Service - call or text 988 (the Suicide & Crisis Lifeline) or call 911, or go to the nearest emergency room.
3. Eligibility
You must be at least 18 years old and located in the United States to use the Service. By using the Service, you represent that you meet these requirements and that you have the legal capacity to enter into these Terms. The Service is intended for your own personal, non-commercial wellness use.
4. Your account
To use most features you will need to create an account. You can sign in with an email and password or with a third-party provider we support (currently Apple, Google, or Microsoft); when you use a third-party sign-in, that provider's terms also apply. You agree to provide accurate information, to keep it up to date, and to keep your login credentials confidential. You are responsible for activity that happens under your account. Tell us right away if you believe your account has been accessed without your permission.
5. Connecting your devices and apps
Open Health Agent works with data from wearables and health apps you choose to connect, including data you authorize us to read through Apple Health (HealthKit) or Android Health Connect. You decide what to connect and what to share, and you can disconnect a source or turn off a permission at any time through your device settings or account settings.
When you connect a source, you are directing us to access only the data you authorize, and we act on that direction until you withdraw it. You are responsible for having the right to connect a source and share its data with us, and some platforms place their own limits on how their data may be used or shared onward, which we honor. The devices, apps, and platforms you connect are provided by other companies under their own terms and privacy policies; we are not responsible for those third-party products, and connecting them is subject to their terms. Data that reaches Open Health Agent through a wearable or a consumer app is general wellness data. It is not validated clinical data, and it should not be treated as such.
6. Your content and your data
You keep the rights you already have in the information and content you provide to or generate through the Service (“Your Content”), including the health and fitness data you connect. You grant us a limited license to host, process, and use Your Content solely to operate and provide the Service to you, to support the features you use, and as described in our Privacy Policy.
It is your data, and we want you to be able to get it. You can request a copy of your data and export it in a portable, machine-readable format, and you can ask us to delete it, as described in our Privacy Policy. This is a right of access and portability - not a claim of ownership over data as property - and some connected platforms may restrict how their data can be exported or shared onward.
You are responsible for Your Content and for making sure you have the right to share it with us. Do not upload anyone else's data without their permission.
7. Acceptable use
You agree not to:
- Use the Service for any unlawful, harmful, or fraudulent purpose, or in violation of these Terms.
- Use the Service to make medical, diagnostic, or treatment decisions, or represent to anyone that it is capable of doing so.
- Upload data about another person without that person's authorization, or impersonate anyone.
- Attempt to disrupt, damage, reverse engineer, scrape, or gain unauthorized access to the Service or its systems, or interfere with other users' use of it.
- Resell, sublicense, or commercially exploit the Service, or use it to build a competing product.
- Misuse any AI or conversational feature, including attempting to make it produce medical diagnoses, or content that is unlawful or harmful.
You also agree not to violate anyone's privacy or other rights; to upload or share content that is unlawful, infringing, harmful, harassing, or deceptive; to circumvent any usage, security, or authentication limits; to use automated means to access or collect from the Service except as we expressly permit; or to encourage or help anyone else do any of these things. We may investigate suspected violations and take appropriate action, including removing content and suspending or terminating your access.
8. Intellectual property
The Service, including its software, design, text, graphics, and the Open Health Agent and AnyBio names and logos, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal wellness use, subject to these Terms. We reserve all rights not expressly granted. The Open Health Agent and AnyBio names, logos, and marks are our trademarks; you may not use them without our prior written permission, except to refer to the Service accurately. Other names and marks are the property of their respective owners.
9. Third-party services
The Service may link to or work with third-party products, including device platforms, app stores, and other services. We do not control and are not responsible for third-party products, and your use of them is governed by their own terms and privacy policies.
10. Disclaimer of warranties
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that any content or output will be accurate, complete, or reliable, or that the Service will meet your expectations. Any wellness content, coaching, summary, or AI output is general information only and is not a guarantee of any health or wellness result.
11. Limitation of liability
To the fullest extent permitted by law, we and our affiliates, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the Service.
To the fullest extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of the total amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless us and our affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of any third party. This does not apply to the extent a claim results from our own gross negligence or willful misconduct. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
13. Dispute resolution, arbitration, and governing law
Please read this section carefully - it affects how disputes are resolved, includes a class-action waiver, and gives you a 30-day option to opt out of arbitration.
Informal resolution first. Most concerns can be resolved quickly. Before starting a formal proceeding, you agree to contact us at legal@anybiosignal.com and give us 30 days to try to resolve the dispute informally.
Binding arbitration. If we cannot resolve it, you and AnyBio agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its applicable rules, rather than in court - except that either party may bring a qualifying claim in small claims court. The arbitration will take place in San Francisco, California (or by video or phone if you prefer) and be conducted in English. Either party may first request non-binding mediation, with the costs shared equally.
Class-action waiver. You and AnyBio agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative action.
Your 30-day right to opt out. You can opt out of this arbitration agreement (including the class-action waiver) by emailing legal@anybiosignal.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, disputes will be resolved in the courts described below, and opting out will not affect the rest of these Terms.
Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in San Francisco, California, and you consent to their jurisdiction.
14. Changes to the Service and these Terms
We may update the Service and these Terms from time to time. If we make material changes, we will take reasonable steps to let you know - such as posting the updated Terms with a new effective date, emailing the address associated with your account, or showing a prominent notice in the Service. Where a change materially affects how we handle your consumer health data, we will ask you to acknowledge the updated Terms before you continue using the Service. Your continued use of the Service after an update takes effect means you accept the updated Terms.
15. Termination
You can stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms or if we reasonably believe it is necessary to protect the Service or other users. When your account is closed, we will handle your data as described in our Privacy Policy. Sections that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
16. Contact us
Questions about these Terms? Contact us at support@anybio.io (or legal@anybiosignal.com for legal notices), by phone at (415) 323-6275, or by mail at Any Biosignal, Inc., 2261 Market Street STE 86985, San Francisco, CA 94114.