Terms of Service

1. Overview and Acceptance

These Terms of Service (“Terms”) govern your access to and use of the MyPHI mobile application (“App”), all related features, AI-generated content, Care Circle functionality, and all other services provided by MyPHI, Inc. (“MyPHI,” “we,” “our,” or “us”) through the App (collectively, the “Platform”). The Platform is available to United States residents only.

These Terms incorporate by reference our: (a) Privacy Policy; (b) Health Data Privacy Notice; (c) Acceptable Use Policy; and (d) Cookie Policy.

2. Description of Services

The MyPHI Platform allows users to:

• Record medical appointments with their healthcare providers (subject to recording consent requirements in Section 6)
• Receive AI-generated plain-language summaries and key takeaways from recorded visits
• Access and store visit summaries and action items for up to 30 days from the date of each recording
• Share visit summaries with designated Care Circle members (family, caregivers)
• Ask follow-up questions about recorded visit content

The Platform is a personal visit comprehension tool only. It does not provide medical advice, medical diagnosis, or healthcare services. It does not serve as a medical records repository. Raw audio and transcripts are deleted after 30 days. For complete visit records, contact your healthcare provider directly.

3. Account Registration and Security

To use the Platform, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Promptly notifying us at legal@myphi.com if you suspect unauthorized access

You may not share account credentials, create accounts for unauthorized third parties, or use another person's account.

4. Eligibility — Age and Geographic Restrictions

You must be at least 18 years of age and a resident of the United States to create an account and use the Platform. By creating an account, you represent and warrant that you meet both requirements. We do not knowingly permit individuals under 18 or residents outside the United States to create accounts.

5. Minors and Dependent Individuals — Pediatric and Caregiver Use

5.1 Authorized Adult Use on Behalf of Minors

A parent or legal guardian (age 18 or older) may use the Platform to record and manage health visit information on behalf of a minor child under their legal care. An authorized adult legal representative may also use the Platform to manage health visit information for a dependent adult individual.

If you use the Platform in this capacity, you represent and warrant that:

• You are the parent, legal guardian, or authorized legal representative of the minor or dependent
• You have the full legal authority to record medical conversations on behalf of that individual
• You have obtained all required recording consents from the healthcare provider (see Section 6)
• You will manage the minor's or dependent's information with the same care and responsibility as your own

5.2 No Direct Minor Accounts

Minors under 18 may not create their own MyPHI accounts. The Platform is designed for use by the adult account holder only. All data associated with a minor's healthcare visits is held in the adult account holder's account and subject to all applicable Terms.

5.3 Pediatric Recordings and Consent

When recording a pediatric medical visit, all recording consent requirements described in Section 6 apply. In addition:

• You must inform the healthcare provider that you are recording the visit and obtain their consent, regardless of your state's one-party or all-party consent classification
• Pediatric providers may have institutional policies restricting recording; it is your responsibility to verify and comply with those policies
• Recording without provider knowledge in a pediatric setting may implicate additional legal obligations and is strongly discouraged

5.4 Data Retention for Minor's Information

The standard 30-day automatic deletion policy applies equally to recordings involving minors. For pediatric visit summaries, consider that the treating provider's records are the authoritative source for your child's health history. MyPHI is not a substitute for maintaining complete pediatric health records.

6. Recording Consent — Your Legal Obligations

6.1 Your Sole Responsibility

6.2 One-Party vs. All-Party Consent

One-Party Consent States: Recording is generally lawful if at least one party (you) consents. Examples: Georgia, New York, Texas, Florida, and most other states.

All-Party / Two-Party Consent States: All parties must consent before recording. Examples: California, Illinois, Maryland, Massachusetts, Michigan, Oregon, Pennsylvania, Washington. Criminal penalties and civil liability may apply for violations.

Laws change. You are responsible for confirming the current law in your state and in the state where your healthcare provider is located before recording.

6.3 Best Practice: Always Inform and Ask

Regardless of your state's law, MyPHI strongly recommends:

• Telling your provider before the appointment: “I'd like to use the MyPHI app to record our conversation today so I can better understand your instructions. Do I have your permission?”
• Not beginning to record until the provider has explicitly agreed
• Respecting the provider's decision if they decline
• Confirming with the provider's office in advance whether recording is permitted

6.4 The App Cannot Verify Consent

The App includes in-app prompts and reminders about consent, but it cannot verify that you have actually obtained required consent. By initiating a recording, you represent and warrant that you have complied with all applicable consent laws and obtained all required consents.

As a best practice, we strongly recommend that you begin each recording by asking your provider on the recording itself: “Do I have your permission to record our conversation today?” and waiting for an affirmative verbal response before continuing. Capturing your provider's consent as the first moments of the recording creates a contemporaneous record that consent was given. This practice is recommended regardless of your state's one-party or all-party consent requirements. It does not guarantee compliance with all applicable laws or institutional policies, and MyPHI makes no representation that a recorded verbal consent satisfies all legal requirements in your jurisdiction or the policies of your healthcare provider's institution.

6.5 Indemnification for Consent Violations

You agree to indemnify, defend, and hold harmless MyPHI from any and all claims, liabilities, damages, fines, or penalties arising from your failure to comply with applicable recording consent laws.

7. Health Data Privacy

MyPHI processes audio recordings and summaries of your medical appointments. While MyPHI is not a HIPAA Covered Entity or Business Associate (as those terms are defined under the Health Insurance Portability and Accountability Act), we take the privacy of your health-related information seriously and comply with applicable federal and state health data privacy laws, including the FTC Health Breach Notification Rule.

For complete information about how we handle your health-related information, your rights, and our privacy commitments, please review our Health Data Privacy Notice. That Notice is incorporated into these Terms by reference.

Key commitments regarding your health data:

• Raw audio recordings and full transcripts are automatically deleted 30 days from the date of recording
• Only visit summaries and action items are retained beyond 30 days
• You control all Care Circle access and may revoke it at any time
• Your health data is never sold or used for advertising
• We will notify you promptly in the event of a breach of your health-related information

8. Data Retention and Your Medical Records

MyPHI retains data as follows:

• Raw audio recordings: Automatically and permanently deleted 30 days from date of recording
• AI-generated transcripts: Automatically and permanently deleted 30 days from date of recording
• Visit summaries and action items: Retained for the life of your account
• Account information: Retained per our Privacy Policy

MyPHI is not a medical records service. If you need a complete, authoritative record of a healthcare visit — including full notes, test results, diagnoses, or other clinical documentation — you must request those records directly from your healthcare provider under your rights as a patient (including your rights under HIPAA as a patient).

9. Data Deletion Requests

You may request deletion of your personal information and health data at any time using our Data Deletion and Privacy Request Form. You may also request deletion by contacting us at privacy@myphi.com.

Upon a verified deletion request, we will:

• Delete your account and associated personal information within 30 days of the verified request
• Confirm completion of deletion in writing
• Retain only the information we are legally required to retain (e.g., financial records, legal hold information)

Note: Deletion of your account does not retrieve or recover any recordings or transcripts that have already been automatically deleted pursuant to our 30-day retention policy.

10. Subscription and Payment

10.1 Plans

• Monthly Subscription: Billed monthly at the then-current monthly rate
• Annual Subscription: Billed annually at the then-current annual rate (typically a 35% savings vs. monthly)

10.2 Free Trial

New users receive a 10-day free trial. Your payment method will not be charged until the trial expires. Cancel before the trial ends and you will not be charged.

10.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date through your App settings or Apple App Store account settings.

10.4 Refund Policy

Refunds are governed by Apple App Store policies. Subscription fees are generally non-refundable except as required by applicable law. You may cancel at any time, but no refund is issued for unused portions of a paid period.

11. No Medical Advice

Always seek the advice of your physician or qualified healthcare provider regarding any medical condition. Never disregard professional medical advice or delay seeking it because of content generated by the Platform. In a medical emergency, call 911 immediately.

12. Acceptable Use Policy

Your use of the Platform is subject to our Acceptable Use Policy (“AUP”), incorporated into these Terms by reference. The AUP describes permitted and prohibited uses of the Platform in detail. By using the Platform, you agree to comply with the AUP at all times. Violations of the AUP may result in suspension or termination of your account.

13. Care Circle Feature

By sharing content with Care Circle members, you:

• Authorize MyPHI to make shared content accessible to your designated members
• Represent you have the right to share the information being shared
• Acknowledge that Care Circle members have read-only access
• Understand that you may revoke access at any time through App settings, but that members may have already viewed content before access is revoked

14. Artificial Intelligence and Content Accuracy

The Platform uses AI technologies, including automated speech recognition and natural language processing, to generate transcripts, summaries, and explanations. You acknowledge that:

• AI-generated content is not perfect and may contain errors, omissions, or misinterpretations
• Transcript accuracy depends on audio quality, accents, background noise, and other factors
• AI-generated summaries are not a substitute for professional medical advice
• You should verify important medical information directly with your healthcare provider
• MyPHI makes no warranty regarding the accuracy or completeness of AI-generated content

15. Intellectual Property

MyPHI retains all right, title, and interest in the Platform, including the App, underlying technology, AI models, and all Platform-generated content. You retain ownership of the raw audio recordings you create. AI-generated summaries and outputs derived from your recordings are licensed to you for personal use only under a limited, non-exclusive, non-transferable license.

You grant MyPHI a limited, non-exclusive license to process, store, and transmit your recordings and associated data solely to provide the Services to you.

16. Disclaimer of Warranties

The Platform is provided “as is” and “as available” without warranties of any kind. MyPHI expressly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranty as to the accuracy or completeness of AI-generated content.

17. Limitation of Liability

To the maximum extent permitted by applicable law, MyPHI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including damages arising from medical decisions made in reliance on Platform content, loss of data, or loss of profits.

In no event shall MyPHI's aggregate liability exceed the greater of (a) total subscription fees paid by you in the twelve months preceding the claim, or (b) one hundred dollars ($100.00).

18. Indemnification

You agree to indemnify and hold harmless MyPHI, Inc., its officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms or the Acceptable Use Policy; (c) your failure to obtain required recording consents; (d) your violation of any applicable law; or (e) your violation of any third-party rights.

19. Term and Termination

These Terms are effective for as long as you maintain an account. MyPHI may suspend or terminate your account for violation of these Terms or the AUP, non-payment, or for any reason with reasonable notice. Upon termination, your right to use the Platform ceases immediately. Sections 7, 11, 15, 16, 17, 18, and 21 survive termination.

20. Apple App Store Terms

The App is distributed through the Apple App Store. These Terms are between you and MyPHI, not Apple. Apple has no obligation to provide support for the App. Apple is a third-party beneficiary of these Terms with the right to enforce them against you.

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions. Any dispute arising from these Terms or the Platform shall be resolved by binding arbitration administered by the AAA under its Consumer Arbitration Rules, with proceedings conducted in Wilmington, Delaware.

Class Action Waiver: To the extent permitted by law, you waive any right to bring or participate in a class action lawsuit or class-wide arbitration with respect to your use of MyPHI Platform. All claims must be brought in your individual capacity.

Either party may seek emergency injunctive relief from courts of competent jurisdiction in New Castle County, Delaware to protect intellectual property rights or prevent immediate irreparable harm.

22. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via in-app notification or email. Continued use of the Platform after changes are posted constitutes acceptance.

23. Contact