Online Terms of Service

Last updated: March 13, 2026. For previous Terms, please email legal@citizenhealth.com.

Welcome to Citizen Health! This document contains the legal terms of service for your use of our website, mobile app, and services. Please read the Terms, as they specify your complete ownership of your health records, our rights to use the underlying data to provide the services to you, the additional features we provide that are based on or are intended to enhance your health records and the rules to follow when you use the services, how to handle any dispute between us, and more.

Securing your medical records and respecting your privacy choices forms the backbone of Citizen Health and is central to our mission of creating a patient-centric technology service. For details on how we secure your data and give you control of the data, please review our Privacy Policy at https://www.citizenhealth.com/privacy.

Citizen Health Inc., (“Citizen Health,” “we,” “us,” “our”) provides its services to you through its website located at www.citizenhealth.com (the “Site”), via an app available on the Apple App Store,  and other technologies (collectively, the “Servicess”), subject to the following terms (as amended from time to time, the “Terms”). By using or accessing the Services, you are agreeing to these Terms and to comply with the Citizen Health Community Rules. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Table of Contents

1. Access to Your Records
2. Your Ownership of our Records & Citizen Health’s Intellectual Property Rights
3. Conditions to Use the Citizen Health Service
4. Communications between You and Citizen Health
5. How to Resolve a Dispute
6. What Happens at Termination
7. Modifications, Warranties, Limitations of Liability
8. Indemnity and Release
9. Fair Credit Reporting Act
10. California Residents
11. General
12. Contact Us

1. Access to Your Records/Citizen Health Services

Summary: Citizen Health provides technology Services (referred to in these Terms of Service as the “Service” or “Services” depending on the context).  The Services enable you to: collect your health records and information through the HIPAA right of access and, through the Services, organize, use, and understand the data, and share the data when you choose. Please note that Services do not include providing medical advice, and Citizen Health is not responsible for the completeness or accuracy of your underlying medical and health plan records.

Description. The Service is a technology platform that includes a number of functions that users of the Services can choose to take advantage of. The Services: 

(i) allow you to request access to (or directly upload) copies of your historical health information and records through the “right of access” granted under the Health Insurance Portability and Accountability Act (“HIPAA”), as well as through online portal accounts made available to you by some health care providers or health plans and other processes (see Records Collection section below) (“Clinical and Claims Records”) and allows you to upload records from your health care providers, including using Citizen Health’s Recording & Transcription Service (available through our iphone app)  to record medical office visits (collectively, medical office visit transcripts and Clinical and Claims Records are referred to herein as “Medical Records”); 

(ii) ask patients to directly input information relating to your health, such as information about how you’re feeling, symptom tracking through Citizen’s Symptom Tracker, completion of surveys or or use of Citizen Health’s Recording & Transcription Service (available through our iphone app) to record  meetings that are not from a medical visit (collectively, “Self Reported Information”));

(iii) allow you to to track and manage upcoming healthcare appointments using the Citizen’s Calendar function, including syncing with your Google Calendar (Calendar data in Citizen Health is considered to be Self Reported Information);

iv) allow you to take advantage of the application of artificial intelligence (the “AI Advocate”) to better inform your care, by aggregating and delivering insights about your Medical Records (“Aggregate Insights”), as well as enabling you to ask questions and get responses from, your Medical Records and the aggregate, de-identified records of other users of Citizen Health (data generated from your use of the AI Advocate is also considered to be Self Reported Information);

(v)  allow you to decide whether and when to disclose any Medical Records and Self-Reported Information to third parties, including caregivers, patient advocacy organizations, medical professionals,researchers, or other Citizen Health partners offering goods and services that may be of interest; and

(vi) allow users to post content and interact with other users. 

Records Collection. As part of the Services, Citizen Health collects your Clinical and Claims Records on your behalf and populates them in your Citizen Health account. Note that at present, we are only able to process Medical Records that are written in English, and we are only able to collect Clinical and Claims Records for individuals residing in the United States or one of its territories (individuals living outside of the U.S. may upload their own Medical Records. If you reside in the U.S., we find your Clinical and Claims Records using one or more of the following processes: (i) Asking you to identify the medical providers and institutions where you have received care; (ii) Asking you to identify the health plans that have provided you with health insurance; (iii) At your discretion, having you connect Citizen Health to the online portal hosted by your healthcare provider(s) or health plan(s) (you will need to enter your portal credentials (your portal username and password)); (iv) Sending a request for your Clinical and Claims records to networks – for example health information exchanges or HIEs – that are used by doctors and hospitals to share medical record information for treatment purposes, as well as other medical and health information databases; and (v) Sending a request for your Clinical and Claims Records to another medical provider that is identified in your medical records (for example, sending a request for a copy of a lab test result from the laboratory identified in the doctor’s medical record). You can also choose to obtain your own records and upload them into your Citizen Health account. You can also choose to take advantage of Citizen Health’s Recording & Transcription Service to record your visit with a medical provider; a Transcript of that recording becomes part of your Medical Records. You can also take advantage of Citizen Health’s Calendar function to keep track of your medical and other important appointments, and sync them with your Google Calendar.

If you choose to connect Citizen Health to the online portal hosted by your healthcare provider(s) or health plan(s) (option iii above), Citizen Health partners with b.well Connected Health, Inc., a trusted health data intermediary, to securely connect your health information. When you authorize data connections, you consent to b.well accessing your health records using your credentials and providing them to Citizen Health for purposes consistent with our Terms of Services and Privacy Policy. You also authorize Citizen Health to share information from your account with b.well as needed to maintain these connections. When connecting to patient portals, you confirm you are using your own credentials. You can disconnect any source at any time by clicking on “Connections” in the medical records section of your Citizen account and clicking on “disconnect” for each source you want to disconnect. Disconnecting stops future data collection but does not affect information already provided to Citizen Health, though you can separately request deletion of such data consistent with Citizen Health’s Privacy Policy. Learn more about how b.well uses your data in its Privacy and Security Statement. As set forth in our Privacy Policy, Citizen Health will not use or sell your health data for marketing purposes without your separate, explicit consent.

User Consent. By obtaining your Clinical and Claims Records via our Services, you authorize Citizen Health to fill in and transmit whatever documentation is needed – and, in the case of an online portal provided by your healthcare provider or your health plan, to log into that portal to obtain your records, subject to you providing the credentials (username and password); in the case of queries to health information networks and health information databases, submission of demographic information as well as documentation verifying identity and that you consented for Citizen Health to collect your Clinical and Claims Records.. As needed, Citizen Health will review your Medical Records to find other facilities you may have visited and submit documentation from you (such as a copy of your driver’s license and signature) when collecting records from health care providers or health plans (or vendors working on their behalf). Citizen Health will store and process the information provided by you and any Clinical and Claims Records collected from third parties in order to provide the Services.

Other Information. As part of the Services, Citizen Health also offers you opportunities to enhance your Medical Records with Self Reported Information. It is up to you to decide whether to provide Self Reported Information to Citizen Health. Citizen Health will use this Self Reported Information consistent with its privacy policy.

Important Notes about Health Records and the Services:

• You represent and warrant that you own all rights, title and interest in and to the Clinical and Claims Records collected from third parties and any data you provide to us (including any and all intellectual property rights therein), subject to Citizen Health’s rights as set forth below.
• You acknowledge there may be delays in record request processing from your health providers and health plans. Indeed, Citizen Health also may not be able to obtain some or all of your Clinical and Claims Records, and we cannot guarantee or assume any responsibility or liability for the completeness, timeliness, accuracy, deletion, or non-delivery of any Medical Records.
• Clinical and Claims Records are copies of documents from health care providers or health plans accessed through your HIPAA “right of access” will be “read only” and cannot be altered. If you believe any information in these records is inaccurate, it is your responsibility to address this issue with the relevant health care provider(s) or health plan(s). Note that if Citizen Health identifies information in your Clinical and Claims Records that is about another patient and not relevant to your care (or the care of a patient for whom you have established an account), we reserve the right to remove it from the platform.
• Medical Records can contain information that is sensitive, and often that more sensitive information is co-mingled with less sensitive information in the same record, so we cannot send requests to block certain types of information from being populated into your Citizen Health account.  However, those records belong to you and you can decide whether to share them with others.
• Citizen Health has no control over the completeness, validity, consistency, or accuracy of any content provided (or lack of such) by you or others (such as hospitals, other health care providers, or health plans). You rely on any information provided by Citizen Health, or third parties working on behalf of Citizen Health to provide the Services, solely at your own risk.
• You may discover unanticipated or incidental findings contained in your Clinical and Claims Records when you use our Services. Citizen Health does not interpret your Medical Records; it is your responsibility to address this issue with your healthcare provider or health plan.
• Citizen Health is also not responsible for the way in which data is displayed on the Site or through the Services, as this may be impacted by the nature and form of the Clinical and Claims Records that Citizen Health receives from you or on your behalf.
• When you agree to share your Medical Records or Self-Reported Information with a third party (for example, a medical professional or a researcher), you acquire no rights in any research or commercial products developed by us or our collaborators and will receive no compensation from any third party related to any such research or product development unless explicitly described to you.‍
• Not Medical Advice. THE SERVICES, INCLUDING ALL OF THE MATERIAL AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES , IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. The Services are not a substitute for professional medical advice; never disregard professional medical advice or delay in seeking it because of something made available through the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Citizen Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services.

2. Your Ownership of Your Medical Records & Citizen Health’s Intellectual Property Rights

Summary: You own your Medical Records and grant Citizen Health the right to use such records and information to provide the Services as described in this document. Likewise, Citizen Health owns its website, the Self Reported Information, the Services and other intellectual property and grants you a right to use each as described in this document. For any copyright claims, please follow the instructions below.

Your Ownership of Your Medical Records. You maintain your ownership of all Medical Records you upload (or uploaded on your behalf by Citizen Health leveraging your HIPAA right of access or through use of its Recording & Transcription Service for medical visits) or share through the Services.. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Medical Records.

You agree that Citizen Health owns your Self Reported Information, subject to your rights to such Self Reported Information set forth in our Privacy Policy, and that Self Reported Information will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. As a condition of your use of the Services, for so long as you are using the Services, you grant us a nonexclusive, royalty-free, worldwide, transferable, sublicensable license to access, use, store, reproduce, transmit, display, modify and adapt and create derivative works (either alone or as part of a collective work) from your Self-Reported Information and Medical Records.s

You acknowledge and agree that Citizen Health will use and preserve your Self Reported Information and Medical Records to provide the Services to you, to match you to potential clinical trials and other relevant opportunities, share data as you direct, enhance our existing user experience, and develop new products and Servicess. Please note that we may also disclose your Self Reported Information and Medical Records if required to do so by law or if we, in our sole discretion, hold the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests (but know that we will closely scrutinize all law enforcement and regulatory requests, and we will only comply with court orders, subpoenas, search warrants or other requests that we determine are legally valid); (b) enforce these Terms; (c) respond to claims that any such Self Reported Information or Medical Records violates the rights of third parties; or (d) protect the rights, property, or personal safety of Citizen Health, its users, and the public. You understand that the technical processing and transmission of the Services, including your Self Reported Information and Medical Records, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, please see our Privacy Policy.

Citizen Health Owns its Service, Trademarks and Work Product. Just as you own your Medical Records, Citizen Health owns the Self Reported Information, the Aggregate Insights, its website, Services and work product, including the “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws . The Citizen Health name and logos and all related names, logos, product and Services names, designs and slogans are trademarks and Services marks of Citizen Health or its affiliates or licensors (collectively the “Citizen Health Trademarks”). Other names, logos, product and Services names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Citizen Health Trademarks without our prior written permission in each instance. All goodwill generated from the use of Citizen Health Trademarks will inure to our exclusive benefit.

As a part of the Services, we will produce refined health information from your Medical Records, such as reports, summaries, graphs, representations or other analysis of your Medical Records, Aggregate Insights, Self-Reported Information and/or any data you provide to us  (“Refined Health Information”). You acknowledge and agree that Citizen Health owns the license to such Refined Health Information, Aggregate Insights and Self-Reported Information; however, Citizen Health may only use and disclose this Refined Health Information (which is part of the Services), Aggregate Insights, and Self Reported Information consistent with these Terms and its Privacy Policy.

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that any contribution of Feedback provided by you to Citizen Health is non-confidential and becomes the property of Citizen Health. To be clear, Citizen Health may use and disclose Feedback in any manner and for any purpose whatsoever without notice or compensation to you and without retention by you of any proprietary or other right or claim.

License Grant. Subject to your compliance with these Terms, Citizen Health hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (a) use the software provided to you as part of the Services and (b) any Refined Health Information, Aggregate Insights, and Self-Reported Information for your personal health use only. The software license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. We and our licensors reserve all rights in connection with the Services, including, without limitation, any Refined Health Information, Aggregate Insights, and Self-Reported Information, or the exclusive right to create derivative works. You agree that Citizen Health and/or its licensors own all right, title and interest in and to the Refined Health Information, Aggregate Insights, Self Reported Information,  and the Services (including any and all intellectual property rights therein). You agree not to take any action(s) inconsistent with such ownership interests.

Third Party Material. Citizen Health collects data and information from various sources, usually from official record sources, including health care providers, hospitals and others, which may contain personal information relating to you. We may also receive information about you from third parties. For example, we may supplement the data we collect with demographic information licensed from third parties in order to personalize the Services and our offers to you. Citizen Health is not responsible or liable for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Citizen Health and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Self-Reported Information or Aggregate Insights that are available via the Services. Without limiting the foregoing, Citizen Health and its designees will have the right to remove any content that violates these Terms or is deemed by Citizen Health, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Copyright Complaints. Citizen Health respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact legal@citizenhealth.com.

3. Conditions to Use the Citizen Health Services

Summary: You must register and login to use our Services and you are responsible for protecting your account user credentials. You are solely responsible for any content you create via the Services. Certain types of user-created content and conduct (as set forth below) are strictly prohibited. Citizen Health can take appropriate action – including legal action – where you are in violation of these Terms. You agree that the Services is for your personal, non commercial, use only.

Your Registration Obligations. If you are under 18 years of age, you are not authorized to use the Services, with or without registering, unless your parent or guardian accepts these Terms on your behalf prior to use of the Services. The Services are only available to individuals residing in countries covered by the Citizen Health privacy policy.

Member Account, Password and Security. You will be required to register with Citizen Health in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information for your account. Our Privacy Policy describes how we handle the registration data and certain other information you provide to us when you use our Services.

You are solely responsible for maintaining the confidentiality and security of your Citizen Health username, password and other account information, and are fully responsible for any and all activities you initiate or permit that occur under your account. You can access, edit and update your account via www.citizenhealth.com. You agree to (a) immediately notify Citizen Health at legal@citizenhealth.com of any unauthorized use of your password or account or any other breach of security including unauthorized disclosure of your username and/or password and (b) ensure that you log out of your account at the end of each session when accessing the Services. Citizen Health is not liable for any acts or omissions by you in connection with your account. We are not liable for any loss or damage arising from your failure to comply with this Section.

User Conduct: To use the Citizen Health Services, you agree to the following:

• You must comply with all applicable laws;
• You will only provide Citizen Health with images, information, data, photographs, graphics, messages or other materials (“Content”) to which you have the appropriate rights and that you are solely responsible for at all times.
• The Services are for your personal use only. Unless otherwise expressly authorized herein, you agree not to distribute, license, publish, reproduce, create derivative works from, sell or transfer for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
• You will not attempt to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including with bots, crawlers, spiders, data miners, scraping, or other automatic access tools.
• You will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Citizen Health hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
• You agree that you are solely responsible for all usage and activity on the Services made via your account and for your interactions with any other user in connection with the Services.

You acknowledge that Citizen Health may investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms or act inconsistently with the letter or spirit of these Terms, including without limitation, removing the offending Content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

4. Communications between You and Citizen Health

Summary: We will need to contact you occasionally to provide you information about your account, Content or Medical Records as well as to give you more information about special offers and other opportunities. If you agree, we will send you text/SMS messages. You can opt out at any time.

By accessing and using the Services, you agree that we may collect, use and disclose certain information about you, either provided directly by you or other parties, such as our Services providers, or your friends who invite you to the Services. We may use this information to contact you (via the website, Services, phone, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Services, or of any related products and Services (any such contact is a “Message”). You agree that any Message that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Some Messages you may receive are via your telephone. For example, you may receive text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the Services. For calls or text messages to the cellular phone number you provide, by agreeing to these Terms and by providing consent when asked, you authorize Citizen Health to send texts or calls to your phone using an autodialer or a prerecorded voice. We may also offer you the opportunity to invite your friends or contacts to use Services. You may invite one or more of your friends or contacts using text messaging (SMS), email, Facebook and other forms of communications. Depending on your phone’s functionality, we may suggest content for the message and you can edit that suggested content. If you choose to send invitations, you represent to Citizen Health that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited, and that you made the active choice to send these invitations. In general, you have control over the settings for types of Messages and can opt in or out of these via the Services or through the phone’s operating system (with the possible exception of infrequent, important Services announcements and administrative messages). Citizen Health is not responsible or liable for sending any invitation messages; these are expressly sent by you should you choose to make invitations. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.

We have no intention of spamming you with unwanted messages and you may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your information page on the Services and changing your preferences. Please note, however, that we do need to send you certain communications regarding the Services and your account, and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Services or Privacy Policy. Please see our Privacy Policy for further information on how we manage and process your personal information.

5. How to Resolve a Dispute

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Summary: We hope there is never a dispute between you and Citizen Health. But if you feel we have violated these Terms in any way, please review and follow the information below.

Contact us first. Citizen Health is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at support@citizenhealth.com. If this fails to resolve the issue, then please contact Citizen Health’s legal department at legal@citizenhealth.com.

Agreement to Arbitrate. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Citizen Health should be sent to Citizen Health Inc., 150 Spear Street, Suite 750, San Francisco, CA 94105 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Citizen Health and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Citizen Health may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Citizen Health or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Citizen Health is entitled.

You agree that any and all disputes or claims that have arisen or may arise between you and Citizen Health, whether arising out of or relating to this Terms of Services (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Services, you and Citizen Health are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND CITIZEN HEALTH  AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CITIZEN HEALTH  AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Arbitration Procedures. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Citizen Health’s Servicess and/or products, including the Services, will be resolved by arbitration. You and the Citizen Health agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Citizen Health are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Citizen Health will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $75,000, Citizen Health will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

Confidentiality & Severability. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to legal@citizenhealth.com or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Citizen Health within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Citizen Health also will not be bound by them.

6. What Happens at Termination

Summary: The Terms will continue to apply until terminated by either you or Citizen Health as set out in this Section.

If you want to terminate your legal agreement with Citizen Health, you may do so by deleting your Citizen Health account, Medical Records and Self Reported Information – email us at support@citizenhealth.com. Once you submit your request, we will confirm and process your request to delete your data within thirty (30) days of receipt of your request. Thereafter, you will no longer be able to log into an account. Keep in mind that if you have provided consent to share any Medical Records and/or Self Reported Information with third parties, Citizen Health will not be able to recover or delete the data shared with those third parties. Further, if you have provided consent to share your Medical Records for research purposes, and abstracts from your Records have been shared with researchers, Citizen Health will keep a copy of the underlying source Medical Records to provide support for the research results. However, if you have terminated your legal agreement with Citizen Health or withdrawn your consent to participate in future research, the source research records will not be shared for future, new research purposes and will be stored consistent with Citizen Health’s industry-standard security safeguards.

Citizen Health may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (2) Citizen Health is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Citizen Health offered the Services to you has terminated its relationship with Citizen Health or ceased to offer the Services to you; (4) Citizen Health is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Citizen Health is, in Citizen Health’s opinion, no longer commercially viable. In the event of such termination, where possible, Citizen Health will inform you in advance and will provide you with a reasonable opportunity (at least 30 calendar days) to download your Medical Records.Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Citizen Health shall not be liable to you or any third party for any termination of your access to the Services. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Citizen Health or you.

7. Modifications, Warranties, Limitations of Liability

Summary: Except as expressly stated, the Services provided by Citizen Health is “as is” and without warranties. Citizen Health is not be liable for certain types of damages resulting from certain types of claims as described herein.

Modifications to Service. Citizen Health reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Citizen Health will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services; provided that if we discontinue the Services, we will use our best efforts to permit you to export any Medical Records maintained by us for a period of thirty (30) days from when the Services is discontinued.

General Practices Regarding Use and Storage. You acknowledge that Citizen Health may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that Medical Records, data or other Content will be retained by the Services and the maximum storage space that will be allotted on Citizen Health’s servers on your behalf. You acknowledge that Citizen Health reserves the right, in our sole discretion, to terminate accounts that are inactive for an extended period of time; provided that Citizen Health has provided you with at least thirty (30) days’ prior notice to the e-mail or telephone number associated with your account.

Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Citizen Health, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Citizen Health Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Without limiting any of the foregoing, the Citizen Health Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility of the Services with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from Citizen Health Entities or through the Services, will create any warranty or representation not expressly made herein.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties. Accordingly, some of the disclaimers set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services

If you are a user from New Jersey, the foregoing section titled “Disclaimer of Warranties” is intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of this section is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable section.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL CITIZEN HEALTH  BE LIABLE (A) FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF CITIZEN HEALTH  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. CITIZEN HEALTH ’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID CITIZEN HEALTH  , IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.

If you are a user from New Jersey, the foregoing section titled “Limitation of Liability” is intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of this section is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable section.

8. Indemnity

Summary: You agree to indemnify and hold Citizen Health and its affiliates, employees, and agents harmless from any losses arising out of your use of the Services, or your violation of these Terms or violation of another’s rights.

By entering into these Terms and using the Services, you agree to indemnify and hold Citizen Health and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, liability and expenses (including reasonable attorneys’ fees), rights, claims, costs, actions of any kind and injury arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; (d) your user-generated content, or (e) your negligence or willful misconduct.

9. Fair Credit Reporting Act

Summary: We forbid anyone from using any of the data herein for credit, employment, insurance and other evaluations.

Fair Credit Reporting Act: Citizen Health is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL’S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).

10. California Residents

Summary: California law includes specific rules and obligations described below

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. In addition, California Civil Code Section 1798.83, known as the “Shine the Light” law, permits Users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Please know that Citizen Health does not share any personal information with third parties for their own direct marketing purposes. Send any such request to legal@citizen.health.

11. General

Summary: These terms constitute the entire agreement between you and Citizen Health and are governed by the laws of the State of California. We may notify you of any changes to the terms by displaying notices within the Services

These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. Except as otherwise expressly provided in these Terms, all arbitration and other litigation of any dispute between you and Citizen Health related to these Terms shall be located in San Mateo County, California. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Services is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Services remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that a breach of these Terms will cause irreparable injury to Citizen Health for which monetary damages would not be an adequate remedy and Citizen Health shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Services without the prior written consent of Citizen Health, but Citizen Health may assign or transfer these Terms, in whole or in part, without restriction. The Services is operated by us in the United States and offered only to users in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The section titles in these Terms are for convenience only and have no legal or contractual effect. We may modify these Terms from time to time. If we do this, we will update the “Last Updated” date at the top of these Terms. If we make changes that are material, we may also attempt to notify you, such as by e-mail notification and/or by placing a prominent notice on the first page of the Citizen Health website. However, it is your sole responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. If Citizen Health or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Citizen Health has the right to share your Content, Medical Records and other personal information with that entity. Where possible, Citizen Health will notify you in advance of such a transaction and you will be offered an opportunity to opt-out of having your information transferred. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.

12. Contact Us

If you have any questions about these Terms, please let us know by calling (202) 368-2603 or emailing legal@citizenhealth.com. 

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