Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") are a legal agreement between you and ChartKey LLC, a Colorado limited liability company located at 2519 S Shields Street, Suite 1K #963, Fort Collins, CO 80526 ("ChartKey," "we," "us," or "our"), governing your access to and use of the ChartKey websites, web application, and any future mobile applications (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Who may use the Service (eligibility)

You must be at least 18 years old and able to form a binding contract to create an account. You may use the Service for yourself, or as a caregiver to help manage the care of another person, subject to Section 6. A parent or legal guardian may manage a profile for a minor child as the child's personal representative. You are responsible for all activity under your account.

3. What the Service is — and what it is not

ChartKey helps you aggregate medical information, document symptoms, and view an organized, plain-language summary of a person's health. It is a tool for organizing and understanding information. It is important that you understand its limits:

• Not a medical provider; not professional medical advice. ChartKey is not a healthcare provider and does not practice medicine. The Service does not diagnose conditions, prescribe or provide treatment, or triage the urgency of symptoms. ChartKey's artificial-intelligence features — including the Keeper voice companion — may offer general, common-sense suggestions (for example, encouraging rest or hydration, or suggesting you talk with your doctor). Any such suggestion is informational only, is not professional medical advice, and is never a substitute for the judgment of a qualified healthcare professional. Always seek the advice of a qualified healthcare professional for any medical concern, and never disregard or delay seeking it because of something you saw or heard in the Service.
• Not for emergencies. If you think you are experiencing a medical or mental-health emergency, call 911 or your local emergency number, or go to the nearest emergency department. In the United States you can also call or text 988 for the Suicide and Crisis Lifeline. Do not use the Service to obtain emergency assistance.
• Not a medical device. ChartKey is not intended to be, and is not, a medical device. It is not intended to be used in the diagnosis, cure, mitigation, treatment, or prevention of disease.

4. Your account and security

You agree to provide accurate information, to keep your credentials confidential, and to notify us promptly of any unauthorized use of your account at hello@yourchartkey.com. We are not liable for losses arising from unauthorized use of your account that results from your failure to safeguard your credentials. We may require multi-factor authentication and other reasonable security measures.

5. Connecting your health records

The Service lets you connect an external health record system such as Epic MyChart. When you do, you authenticate directly with that provider using a secure authorization protocol, and you authorize ChartKey to retrieve clinical data on your behalf and keep it current. Your use of the connected system remains subject to that provider's and Epic's terms. You represent that you are authorized to connect and retrieve the records you connect, and you may disconnect at any time. We are not responsible for the accuracy, completeness, or availability of data provided by external systems.

6. Caregiver use and authorization

If you use the Service as a caregiver, you make the following binding representations and agreements each time you access another person's information:

• You are authorized to act on that person's behalf to the extent you do so, and you will access their health information only with a valid basis — the person's explicit consent, your status as parent or legal guardian of a minor, or verified legal authority (such as a power of attorney or guardianship) for an incapacitated adult;
• You will use another person's information only for the purpose of supporting their care, and only within the scope of the permissions you have been granted;
• You understand that a self-attestation of authorization lets you create a profile shell but does not by itself grant access to health information, which requires consent or verified authority as described in the Privacy Policy;
• You understand that a parent's or guardian's presumed access to a minor's record ends automatically when the minor turns 18, and that continued access requires the adult's explicit consent; and
• You understand that all access to a patient's information is logged and visible to the patient, and that consent may be withdrawn at any time.

You are solely responsible for ensuring you have the legal right to access and act on another person's information, and you agree to indemnify ChartKey for claims arising from your unauthorized access, as described in Section 16.

7. Artificial-intelligence features

The Service uses artificial intelligence to help you document symptoms and to generate plain-language summaries of information you already have. These features are provided for documentation and organization only, are subject to the limits in Section 3, and may contain errors or omissions. Summaries are drawn from your data and cite their sources, but you should verify them and must not rely on them for medical decisions. If the intake detects language suggesting a crisis, it will stop and direct you to emergency and crisis resources.

8. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation, including health-privacy laws;
• Access, or attempt to access, another person's information without proper authorization;
• Upload or transmit malware, or attempt to probe, scan, disrupt, or breach the security or integrity of the Service;
• Reverse engineer, copy, or create derivative works of the Service except as permitted by law;
• Use the Service to provide medical advice to others, or to represent that the Service does so;
• Interfere with any other user's use of the Service, or use automated means to access it in a manner that burdens our systems.

9. Your information and content

As between you and ChartKey, you retain all rights to your health information and the content you provide. We do not claim ownership of it. You grant ChartKey a limited, non-exclusive license to host, process, and display your information solely to operate and provide the Service to you and, where you have authorized it, to your care group. This license ends when you delete the content or your account, except for minimal, health-information-free records we are permitted to retain under the Privacy Policy. You are responsible for the accuracy of information you enter and for having the right to provide any information you connect or upload.

10. Privacy

Our collection and use of your information is described in the Privacy Policy, which is part of these Terms. Please review it to understand how we handle health and personal information, caregiver access, and your rights, including export and deletion.

11. Fees

The Service, or portions of it, may currently be offered free of charge. We may introduce fees for some features in the future. If we do, we will disclose the fees and obtain any required agreement before charging you, and any paid terms will be presented at that time.

12. Intellectual property

The Service, including its software, design, text, graphics, and the ChartKey name and brand, is owned by ChartKey LLC and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended personal and caregiving purposes, subject to these Terms. All rights not expressly granted are reserved. "ChartKey" and our logo are our trademarks; you may not use them without our prior written permission.

13. Third-party services

The Service integrates with and relies on third-party services (for example, Epic MyChart as a source of records and our cloud infrastructure providers). We are not responsible for third-party services, their availability, or their acts or omissions, and your use of a connected provider is governed by that provider's terms.

14. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT INFORMATION IN THE SERVICE — INCLUDING DATA FROM CONNECTED RECORDS OR AI-GENERATED SUMMARIES — IS ACCURATE OR COMPLETE. YOU ACKNOWLEDGE THAT THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CHARTKEY LLC AND ITS OWNER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

16. Indemnification

You agree to indemnify and hold harmless ChartKey LLC and its owner from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the Service, your violation of these Terms or any law, or — if you act as a caregiver — your access to or use of another person's information without proper authorization.

17. Suspension and termination

You may stop using the Service and delete your account at any time; deletion is described in the Privacy Policy and is immediate and irreversible. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or its users. Provisions that by their nature should survive termination — including Sections 9, 12, and 14 through 19 — will survive.

18. Governing law and dispute resolution

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first contact us at hello@yourchartkey.com and attempt in good faith to resolve the dispute informally for at least 30 days. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Larimer County, Colorado, and you consent to the personal jurisdiction of those courts, except where applicable law gives you the right to bring a claim elsewhere.

19. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, notify you through the Service or by email. Your continued use of the Service after an update means you accept the revised Terms.

20. General

These Terms and the Privacy Policy are the entire agreement between you and ChartKey regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.

21. How to contact us

ChartKey LLC
2519 S Shields Street, Suite 1K #963
Fort Collins, CO 80526
United States

General: hello@yourchartkey.com  ·  Privacy: privacy@yourchartkey.com