Terms of Service

1Agreement

These Terms of Service (“Terms”) are an agreement between you and Evyrix (“Evyrix,” “we,” “us”). They govern your use of the Evyrix app, the website evyrix.com and related services (together, the “Service”). You’ll be asked to agree to these Terms when you create an account, and by using the Service you agree to them. Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle your information. If you don’t agree, don’t use the Service.

Section 17 explains how disputes are resolved.

2Not medical advice

Evyrix is not a healthcare provider, and using the Service doesn’t create a doctor–patient or other healthcare relationship. Everything the Service provides, including summaries, explanations and responses from the AI assistant, is for general information. It isn’t medical advice, diagnosis or treatment, and it isn’t a substitute for care from a qualified clinician.

Your records come from your providers and may be incomplete, out of date or contain errors. The assistant can misread records or be wrong. Check anything important with your clinician, and never disregard professional advice or delay seeking it because of something in the Service.

The Service is not for emergencies. If you think you may have a medical emergency, call 911 or go to the nearest emergency room. If you’re in crisis or thinking about harming yourself, call or text 988, or chat at 988lifeline.org, to reach the 988 Suicide & Crisis Lifeline.

3The Service

The Service lets you bring together your medical records from the healthcare providers you choose and understand them with an AI assistant. The Service is in development and isn’t yet generally available. Features may change, and we may add, change or remove features at any time.

Your conversations, notes and logged values are stored on your device. Until we offer backup, they can’t be recovered if you lose the device or delete the app.

4Who can use Evyrix

You must be at least 18 years old and live in the United States to use the Service. The Service is for your own personal use, with your own health records.

5Your account

Give us accurate information when you create your account and keep it up to date. Keep your device and sign-in secure, because anyone with access to them may be able to see your health information. You’re responsible for activity on your account. Tell us right away at [email protected] if you think someone has accessed it without your permission.

6Connecting providers

When you connect a healthcare provider, you authorize Evyrix and our connectivity partner to retrieve your health records from that provider on your behalf, until you disconnect it. You sign in on your provider’s or our partner’s secure sign-in page, and Evyrix never sees or stores your patient portal password.

We don’t control providers’ systems. Which providers can be connected, which records they share, and how often records update all vary, and a provider may stop sharing at any time. Your use of a provider’s portal remains subject to that provider’s own terms.

7The AI assistant

The assistant uses AI models to respond to you based on your records and what you tell it. AI can produce responses that are inaccurate, incomplete or out of date, even when they sound confident. The assistant shows the records its responses are based on, so you can check them. Values the assistant records from your conversations, such as a reading you mention, can also be wrong, so check them too. You’re responsible for how you use its responses, and you shouldn’t rely on them as your only source for health decisions.

8Your information

Your health records and the content you add to the Service are yours. You give Evyrix a limited permission to store, process and display them only as needed to provide the Service to you and as described in our Privacy Policy. This permission ends when you delete the content or your account, except for copies we must keep by law.

If you send us feedback or suggestions, we may use them without any obligation to you.

9Acceptable use

Don’t:

• access or try to access anyone else’s health records or account;
• break the law or violate anyone’s rights while using the Service;
• use the Service to provide medical services or advice to others;
• copy, reverse engineer, scrape or resell the Service, except where the law expressly allows it;
• interfere with or disrupt the Service, or try to get around its security or limits; or
• use automated means to access the Service, except through features we provide for that purpose.

10Third-party services

The Service works with services we don’t control, such as your providers’ portals and, if you choose, other apps you connect to your record. We aren’t responsible for third-party services, and your use of them is governed by their own terms and privacy policies.

11Fees

The Service is currently free. If we introduce paid features, we’ll tell you the price and terms before you’re charged, and you’ll choose whether to buy them.

12Our intellectual property

The Service, including its software, design and the Evyrix name and logo, belongs to Evyrix and is protected by law. Subject to these Terms, we give you a personal, revocable, non-exclusive, non-transferable license to use the Service. We reserve all rights not expressly granted to you.

13Ending your use

You can stop using the Service and delete your account at any time. We may suspend or end your access if you break these Terms, if it’s necessary to protect the Service or other people, or if we stop offering the Service. Where we reasonably can, we’ll give you notice and a chance to export your information first. Sections 2, 7, 8 (as to feedback), 10, 12 (except the license in it) and 14 through 20 continue to apply after your access ends.

14Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Evyrix disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don’t warrant that the Service will be uninterrupted or error-free, or that any record or response in it is accurate or complete.

15Limitation of liability

To the fullest extent permitted by law, Evyrix will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising out of or related to the Service or these Terms. Our total liability for all claims related to the Service or these Terms is limited to the greater of $100 or the amount you paid us for the Service in the 12 months before the claim arose.

Some jurisdictions don’t allow certain warranty exclusions or liability limits, so some of the above may not apply to you. Nothing in these Terms limits liability that can’t be limited by law.

16Indemnification

To the extent permitted by law, you agree to defend and indemnify Evyrix against third-party claims, and related losses and costs, arising from your misuse of the Service or your violation of these Terms or of anyone’s rights.

17Governing law and disputes

These Terms are governed by the laws of the State of Missouri and applicable federal law, without regard to conflict-of-law rules. Before either of us files a claim (other than in small claims court), the party with the claim will send the other a written description of it, and we’ll both try in good faith to resolve it informally for 60 days. You can reach us at [email protected]. Deadlines for filing a claim are paused during that period. If we can’t resolve it, any dispute will be resolved exclusively in the state or federal courts located in Missouri, and you and Evyrix consent to their jurisdiction. Either party may bring an individual claim in small claims court instead.

18Apple App Store terms

If you downloaded the Evyrix app from Apple’s App Store, these additional terms apply:

• These Terms are between you and Evyrix, not Apple. Evyrix, not Apple, is solely responsible for the app and its content.
• Your license to use the app is limited to Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Evyrix is solely responsible for any maintenance and support of the app. Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Evyrix’s sole responsibility.
• Evyrix, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the app infringes its intellectual property rights, Evyrix, not Apple, is responsible for investigating, defending, settling and discharging the claim.
• You represent that you aren’t located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and that you aren’t on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the app should be sent to Evyrix at [email protected].

19Changes to these terms

We may update these Terms as the Service develops. If we make a material change, we’ll tell you in the app or by email before it takes effect. If you keep using the Service after the change takes effect, you accept the updated Terms. Changes don’t apply to disputes that arose before they took effect. If you don’t agree, stop using the Service and delete your account.

20General

These Terms, our Privacy Policy and our Consumer Health Data Privacy Policy are the entire agreement between you and Evyrix about the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a provision isn’t a waiver of it. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets. Neither party is responsible for delays caused by events beyond its reasonable control. There are no third-party beneficiaries of these Terms except Apple, as described in Section 18. You agree that we may give you notices electronically, in the app or by email.

21Contact us

Questions about these Terms: [email protected]