HeadsUp Health Patient User Terms of Use

HeadsUp Health Patient User
Terms of Use

Last Update: October 7th, 2026

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IMPORTANT – PLEASE READ THESE TERMS CAREFULLY

These Terms of Use ("Terms") govern your use of the HeadsUp application, web app, and related services (the "Services") provided by HeadsUp Health LLC ("HeadsUp", "we", "us", or "our"). By creating an account or using the Services, you agree to these Terms and our Privacy Notice currently found at https://headsuphealth.com/legal/privacy-gen/, which forms part of these Terms. If you do not agree, do not use the Services.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. IF YOU HAVE A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY (for example, 911 in the US, 999 in the UK, 000 in Australia, 995 in Singapore, 911 in Canada, 998/999 in the UAE).

Jurisdiction-specific Terms: specific terms apply to users in certain countries (see Schedule 1). Where Schedule 1 conflicts with the main body of these Terms, Schedule 1 prevails for users in the relevant country.

Arbitration Notice for US Users: See Schedule 1, Section 5.2. Disputes between you and HeadsUp in the US are resolved by binding individual arbitration with a class action waiver, unless you opt out within 30 days.

1. THE SERVICES

1.1. The Services help you collect, view, and share your health data with healthcare providers you choose. WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR EMERGENCY MONITORING, AND WE DO NOT HAVE A PROVIDER-PATIENT RELATIONSHIP WITH YOU.

1.2. We do not verify, endorse, or take responsibility for the conduct, credentials, or advice of any healthcare provider using the Services. You are responsible for selecting and assessing your own healthcare providers.

1.3. Any general health information available through the Services is for educational purposes only. Always seek advice from a qualified healthcare professional for any health concern. Never disregard or delay seeking professional medical advice because of anything you read or see in the Services.

2. AI FEATURES

2.1. What AI Features Do. Some parts of the Services use artificial intelligence ("AI Features"). When you use them, the information you give us ("AI Inputs") is sent to AI models including models from third-party providers to generate responses, summaries, or insights ("AI Outputs").

2.2. AI is Not a Doctor and Can Get Things Wrong. AI Outputs are for general wellness and information only. They are not medical advice. AI can be wrong, out of date, or biased. It can even make things up including fake facts, fake sources, and fake medical information that sounds real. AI doesn't know your full medical history, so its answers may not be right for you. The same question can also get different answers at different times.

2.3. Always check with a real healthcare professional. Before you act on anything an AI Output tells you about medications, symptoms, treatment, supplements, whether to see a doctor, or any other health-related topic, check it with a qualified healthcare professional. You are responsible for what you do with AI Outputs.

2.4. What You Can Use AI Features For. Use AI Features for your own personal wellness, for example, to learn about general health topics, organize your own information, or prepare questions for your doctor.

2.5. What You Can't Use AI Features For. Don't use AI Features:

a) to diagnose, treat, or monitor any medical condition (yours or anyone else's);

b) to make medical decisions, or in place of a doctor;

c) in an emergency;

d) to provide healthcare to other people, or in any clinical or professional setting;

e) to make decisions about anyone else (for jobs, insurance, credit, school, housing, or anything similar);

f) to create content that is illegal, harmful, hateful, sexually explicit, or that copies someone else's work;

g) to get around our safety filters or rules (including by "jailbreaking" or prompt injection);

h) to train, copy, or compete with our AI; or

i) to spread health misinformation.

2.6. What You Put Into AI Features. You are responsible for what you submit. Don't submit:

a) another person's health or personal information unless you have their permission and the legal right to share it;

b) confidential information that isn't yours to share; or

c) anything that breaks the law or someone else's rights.

2.7. AI Outputs and Ownership. You can use AI Outputs for your own personal, non-commercial wellness. We don't claim to own AI Outputs, but we also don't promise they are unique, original, or yours to use commercially. Two people asking similar questions may get similar answers. We don't guarantee AI Outputs won't copy anyone else's content.

2.8. Third-Party AI Providers. Some of our AI Features are powered by other companies (for example, large AI model providers). When you use AI Features, your AI Inputs and AI Outputs may be processed by them. We have agreements that limit how they can use your data, but we aren't responsible for problems with their underlying services.

2.9. We Don't Use Your Data to Train AI. We don't use your personal data, AI Inputs, or AI Outputs to train our AI or anyone else's AI, unless you opt in.

2.10. AI Changes. AI moves fast. We may add, remove, change, or replace AI models and features at any time. We don't promise that any specific AI Feature or behavior will stay the same.

2.11. AI Labelling. Where AI Features generate content for you, we'll let you know it's AI-generated. Don't remove or hide those labels if you share the content with anyone else.

2.12. Not a Medical Device. The Services are a general wellness app. They are not a medical device, not a clinical tool, and not approved to diagnose, treat, or prevent any disease.

2.13. AI Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI FEATURES AND AI OUTPUTS ARE PROVIDED "AS IS." WE GIVE NO WARRANTIES ABOUT THEIR ACCURACY, RELIABILITY, OR FITNESS FOR ANY PURPOSE. YOU USE THEM AT YOUR OWN RISK. WE ARE NOT LIABLE FOR WHAT YOU DO BASED ON AN AI OUTPUT, EXCEPT WHERE THE LAW SAYS WE MUST BE.

3. ELIGIBILITY AND ACCOUNT

3.1. You must be at least 18 years old (or such other age of legal capacity in your jurisdiction that permits you to enter into binding contracts) to use the Services.

3.2. Your healthcare provider may invite you to register. You must provide accurate registration information and keep it current. You are responsible for keeping your login credentials confidential and for all activity under your account. You must notify us immediately at support@headsup.health of any unauthorized use of your account.

3.3. You must not be located in, and will not access the Services from, any country or territory subject to a comprehensive embargo or sanctions imposed by the United States, the United Nations, the United Kingdom, the European Union, or any other applicable sanctions authority, and you must not be listed on any applicable list of prohibited or restricted parties (including the US Government's Specially Designated Nationals and Blocked Persons List).

4. YOUR DATA

4.1. You Own Your Data. The health and personal information you put into the Services ("Your Data") belongs to you. You give us permission to use Your Data to run and improve the Services, in line with our Privacy Notice currently found at https://headsuphealth.com/legal/privacy-gen/ and the law.

4.2. Anonymous Data. We may strip out anything that identifies you and use that anonymous data for things like research and improving the Services, where the law allows.

4.3. Other People's Data. If you add information about someone else, a family member, a dependent, or a child you confirm:

a) you have the legal right to share their information with us; and

b) they know about it and have agreed (or, for children, their parent or legal guardian has), where the law requires.

You're responsible for making sure that happens. See our Privacy Notice currently found at https://headsuphealth.com/legal/privacy-gen/ for how we handle their information.

5. ACCEPTABLE USE

5.1. You agree not to:

a) provide false, misleading, or inaccurate information;

b) use the Services for commercial resale, sublicensing, or on behalf of others without authority;

c) impersonate any person or misrepresent your affiliation with any person or entity;

d) scrape, harvest, reverse engineer, decompile, or interfere with the Services, any security or technological protection measures, or any other user's use of the Services;

e) upload, transmit, or distribute any malicious code, or any content that is unlawful, infringing, defamatory, harassing, obscene, threatening, or harmful;

f) attempt to access data, accounts, or systems you are not authorized to access;

g) use the Services in any way that violates applicable law or any third party's rights;

h) use AI Features in any way we say you can’t (see Section 2.5);

i) submit AI Inputs you shouldn’t (see Section 2.6); or

j) encourage or enable any other person to do any of the above.

6. WHO OWNS WHAT

6.1. We Own the Services. The Services and everything in them, the app, software, content, and design belong to us (or our licensors). We give you permission to use the Services for your own personal, non-commercial wellness. This permission is just for you, can't be shared or transferred, and we can withdraw it if you don’t comply with these Terms.

6.2. Our name and logo. Do not use HeadsUp’s name, logo, or branding without our written permission.

6.3. Your Feedback. If you send us feedback, ideas, or suggestions, we can use them however we like, anywhere in the world, forever, without paying you or crediting you.

7. THIRD-PARTY SERVICES AND APP STORES

7.1. The Services may integrate with or link to third-party services, websites or applications (e.g., wearable devices, lab services, health platforms). Those services are governed by their own terms and privacy policies. By using third-party services, you agree to comply with the applicable terms governing those services. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES, WEBSITES OR APPLICATIONS AND YOUR USE OF THEM IS AT YOUR OWN RISK.

7.2. If you downloaded our app from the Apple App Store or Google Play (the "App Provider"), you acknowledge that:

a) these Terms are between you and HeadsUp, not the App Provider, and HeadsUp (not the App Provider) is solely responsible for the app;

b) the App Provider has no obligation to provide maintenance or support for the app (HeadsUp is fully responsible);

c) the App Provider is not responsible for any product warranty claims, product liability claims, regulatory compliance, consumer protection, privacy, or similar legislative claims, or third-party intellectual property claims relating to the app; and

d) the App Provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

7.3. Apple Product Users Only. If you downloaded the app from the Apple App Store, the license granted to you in these Terms is non-transferable and is for use of the app on any Apple products that you own or control.

8. DISCLAIMERS

8.1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE GIVE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY THAT THE SERVICES WILL BE ACCURATE, FIT FOR ANY PARTICULAR PURPOSE, OR FREE OF ERRORS.

8.2. WE DON'T PROMISE THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR THAT DATA WON'T BE LOST. BACK UP ANYTHING IMPORTANT.

8.3. NOTHING IN THESE TERMS REMOVES RIGHTS YOU HAVE UNDER YOUR LOCAL LAW THAT CAN'T BE EXCLUDED, FOR EXAMPLE, RIGHTS FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR NON-WAIVABLE CONSUMER RIGHTS.

9. OUR LIABILITY TO YOU

9.1. What We Are and Aren't Responsible For. SUBJECT TO SECTION 9.4 AND SCHEDULE 1, AND TO THE MAXIMUM EXTENT THE LAW ALLOWS:

A) WE ARE NOT LIABLE FOR INDIRECT OR KNOCK-ON LOSSES. THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, LOST GOODWILL, EMOTIONAL DISTRESS, OR PERSONAL INJURY, WHETHER YOU'D NORMALLY THINK OF THOSE AS DIRECT OR INDIRECT LOSSES, AND WHETHER OR NOT WE KNEW THEY WERE POSSIBLE. THIS APPLIES WHATEVER THE LEGAL BASIS FOR YOUR CLAIM (CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, STATUTE, OR ANYTHING ELSE).

B) IF WE ARE LIABLE, THERE'S A CAP. OUR TOTAL LIABILITY TO YOU FOR ANYTHING CONNECTED WITH THESE TERMS OR THE SERVICES WON'T BE MORE THAN THE HIGHER OF: (I) WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE ISSUE HAPPENED, OR (II) US$100 (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

9.2. Time Limit for Claims. YOU NEED TO BRING ANY CLAIM AGAINST US WITHIN 2 YEARS OF WHEN IT AROSE, UNLESS YOUR LOCAL LAW GIVES YOU LONGER.

9.3. What This Section Doesn't Change. NOTHING IN THIS SECTION 9 LIMITS ANYTHING THAT THE LAW IN YOUR COUNTRY SAYS WE CAN'T LIMIT. FOR EXAMPLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR NON-WAIVABLE CONSUMER RIGHTS. SEE SCHEDULE 1 FOR COUNTRY-SPECIFIC DETAILS.

9.4. Why the Limits Above Are Fair. HEADSUP IS FREE FOR YOU. YOUR HEALTHCARE PROVIDER IS THE ONE WHO PAYS US – YOU DON’T. BECAUSE YOU’RE NOT PAYING, YOU AGREE THAT THE LIMITS ON OUR LIABILITY IN THIS SECTION 9 ARE A FAIR WAY TO SHARE THE RISK OF USING THE SERVICES.

10. INDEMNITY

IF YOU FAIL TO COMPLY WITH THESE TERMS OR VIOLATE THE LAW OR ANYONE’S RIGHTS, YOU AGREE TO PAY US OUR LOSSES AND REASONABLE COSTS. THIS DOESN'T APPLY WHERE CONSUMER LAW IN YOUR COUNTRY SAYS IT SHOULDN’T.

11. TERMINATION

11.1. We may suspend or terminate your access to the Services at any time for breach of these Terms or for legitimate operational, legal, or safety reasons.

11.2. You may close your account at any time by contacting support@headsup.health or contacting your healthcare provider at the email address provided by them. Upon termination, we may retain data as required by applicable law and as described in our Privacy Notice.

11.3. Provisions that by their nature survive termination (including Sections 4, 6, 8, 9, 10, 11, 12, and 13) survive.

12. CHANGES TO THESE TERMS

We may update these Terms from time to time. We will notify you of material changes by email or via the Services at least 30 days before they take effect (unless a shorter period is required by law or for safety reasons). Your continued use after the effective date constitutes acceptance. If you do not accept, you must stop using the Services. For material price changes, you may cancel before the price change takes effect.

13. GENERAL

13.1. Entire agreement. These Terms (together with the Privacy Notice and any other terms incorporated by reference) constitute the entire agreement between you and HeadsUp regarding the Services and supersede any prior agreements.

13.2. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

13.3. No Waiver. Our failure to enforce any right or provision is not a waiver of future enforcement.

13.4. Assignment. You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a corporate transaction.

13.5. Notices. We may give notice to you by email or in-app. You may contact us at support@headsup.health or by post to HeadsUp Health LLC, Attn: Legal, PO Box 190778, Miami Beach, Florida 33119, USA.

13.6. Governing Law and Disputes. Subject to Schedule 1, these Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict of laws principles, and disputes are subject to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia.

13.7. No Third-Party Beneficiaries. Except as expressly stated (including in respect of App Providers under Section 7), these Terms do not create any third-party beneficiary rights.

SCHEDULE 1 — JURISDICTION-SPECIFIC TERMS

Where this Schedule 1 conflicts with the main body of these Terms, this Schedule 1 prevails for users in the relevant country. Each section of this Schedule 1 applies only to users in the jurisdiction it addresses.

1. UNITED KINGDOM

1.1. These Terms are governed by the laws of England and Wales, and disputes are subject to the non-exclusive jurisdiction of the courts of England and Wales.

1.2. To the extent you are treated as a consumer under English law, nothing in these Terms affects your non-excludable statutory rights, including under the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977.

2. AUSTRALIA

2.1. These Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have non-exclusive jurisdiction.

2.2. To the extent the Australian Consumer Law applies to the supply of the Services to you, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded.

3. SINGAPORE

3.1. These Terms are governed by the laws of Singapore, and the courts of Singapore have non-exclusive jurisdiction.

3.2. To the extent you are treated as a consumer under Singapore law, nothing in these Terms affects your non-excludable statutory rights, including under the Unfair Contract Terms Act 1977 of Singapore.

4. CANADA

4.1. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and the courts of Ontario have non-exclusive jurisdiction.

4.2. Nothing in these Terms excludes, restricts, or modifies any mandatory right or remedy you may have under applicable Canadian federal or provincial law, to the extent such rights cannot lawfully be excluded.

4.3. Quebec Residents. You have expressly requested that these Terms be drawn up in English. A French version of these Terms is available upon request from HeadsUp.

5. UNITED STATES

5.1. For users in the United States, these Terms are governed by the laws of the State of Georgia, without regard to its conflict of laws principles.

5.2. Binding Individual Arbitration; Class Action Waiver. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Except for claims for injunctive relief brought by HeadsUp to protect its intellectual property or to stop unauthorized use of the Services, any dispute between you and HeadsUp will be resolved by binding individual arbitration under the JAMS Comprehensive Arbitration Rules, seated in Atlanta, Georgia. YOU AND HEADSUP WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

5.3. 30-Day Opt-out. You may opt out of the arbitration agreement and class action waiver by emailing support@headsup.health within 30 days of first accepting these Terms, with your full name and a statement that you decline arbitration.

5.4. What Happens When You Opt-out or Arbitration is Deemed Unenforceable. If you opt out, or if the arbitration agreement is held unenforceable, disputes will be resolved in the state or federal courts located in Fulton County, Georgia, and you and HeadsUp consent to the exclusive jurisdiction and venue of those courts.

5.5. California Residents. California Civil Code §1542 is hereby waived in respect of any release given under these Terms.

6. UNITED ARAB EMIRATES

6.1. These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, and the courts of Dubai have non-exclusive jurisdiction, provided that if you are resident in or accessing the Services from the Dubai International Financial Centre (DIFC) or the Abu Dhabi Global Market (ADGM), the laws and courts of that free zone will apply on a non-exclusive basis.

6.2. Nothing in these Terms excludes, restricts, or modifies any mandatory right or remedy you may have under applicable UAE federal or emirate-level law, to the extent such rights cannot lawfully be excluded.

6.3. Health Data. Your healthcare provider is responsible for ensuring that the use of the Services in connection with your care complies with applicable UAE health data laws, including Federal Law No. 2 of 2019 Concerning the Use of Information and Communication Technology in Health Fields, including obtaining any necessary regulatory approvals and your informed consent for any transfer of health data outside the UAE. By using the Services, you consent to the processing and transfer of your health data as described in our Privacy Notice and as authorized by your healthcare provider.

7. BRAZIL

7.1. These Terms are governed by the laws of the Federative Republic of Brazil, and the courts of São Paulo have non-exclusive jurisdiction.

7.2. Nothing in these Terms excludes, restricts, or modifies any mandatory right you may have under the Consumer Protection Code (Law No. 8.078/1990), to the extent such rights cannot lawfully be excluded.

8. USERS IN OTHER JURISDICTIONS

If you access the Services from a country not addressed in this Schedule 1, these Terms are governed by the laws of the State of Georgia, USA, and disputes are subject to the non-exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, subject to any mandatory local law to the contrary. We make no representation that the Services are appropriate or available in your jurisdiction.