Access Diagnosis Terms of Service

ACCESS DIAGNOSIS
Terms of Service
Effective Date: May 5, 2025 | Last Updated: June 2026

IMPORTANT: This document is a legal agreement between you (“User,” “you,” or “your”) and All In Together Now (“AITN,” “Company,” “we,” “us,” or “our”). By creating an account, purchasing a subscription, or using the Access Diagnosis application (“App”), you agree to all terms below. If you do not agree, do not use the App.

1. Eligibility & Audience
1.1 This Agreement is between you and All In Together Now, a nonprofit corporation organized under the laws of the State of Arizona and operating as a 501(c)(3) tax-exempt organization (“AITN,” “Company,” “we,” “us,” or “our”).

1.2 The Access Diagnosis App is intended for clinicians including licensed physicians, advanced practice clinicians (NPs, PAs), medical students, and other healthcare professionals in jurisdictions where such use is lawful.

1.3 You represent that you: (a) are at least 18 years old; (b) have the legal capacity and authority to enter this Agreement; and (c) will use the App solely in accordance with applicable laws, regulations, and your professional licensure obligations.

2. License & Permitted Use
2.1 AITN grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for informational purposes only.

2.2 You may not: (a) copy, modify, or reverse-engineer any part of the App; (b) resell or sublicense access; (c) use automated scripts to scrape, index, or mine data; or (d) use the App to develop competing products.

2.3 You agree not to use the App to enter, process, or store any patient-identifiable information, and not to use outputs as a substitute for independent clinical judgment in individual patient care.

3. Subscription, Billing & Stripe
3.1 Continued access requires an active paid subscription. Prices, billing intervals, and renewal terms are disclosed at checkout.

3.2 All payments are processed through Stripe, Inc.; no payment information is stored on AITN servers. Stripe’s security, PCI-DSS compliance, and privacy practices apply to all financial transactions.

3.3 Taxes and third-party fees are your responsibility. Failed or disputed payments may result in suspension or termination.

3.4 Refund Policy. All subscription fees are non-refundable except as expressly required by applicable law. If you cancel your subscription, you retain access to the App through the end of your current billing period. No partial refunds or credits are issued for unused portions of a billing period.

Notwithstanding the foregoing, nothing in this Section limits your rights under applicable federal or state consumer protection laws governing automatically renewing subscriptions, cancellation rights, or refund obligations in your jurisdiction. Where required by applicable law, you have the right to cancel your subscription and receive any refund to which you are entitled under the laws of your state. To cancel and request a refund under any such provision, contact us at info.allintogethernow@proton.me.

If your subscription was charged in error or without authorization, contact us promptly at info.allintogethernow@proton.me and we will investigate and resolve the charge in compliance with applicable law.

4. Clinical Information Disclaimer
4.1 Non-Device Clinical Decision Support. Access Diagnosis is a clinical decision support software function designed to meet the criteria for non-device CDS under Section 520(o)(1)(E) of the Federal Food, Drug, and Cosmetic Act, as amended by the 21st Century Cures Act. It is not a medical device, has not been cleared or approved by the U.S. Food and Drug Administration, does not establish or constitute a standard of care, and does not create a physician-patient or clinician-patient relationship.

The App is designed to support — not replace — HCP clinical judgment. All outputs are intended to be independently reviewed by the HCP user. It is not the intent of this software that any HCP rely primarily on its recommendations to make a clinical diagnosis or treatment decision regarding an individual patient.

4.2 HCP Professional Responsibility. As a licensed or training healthcare professional, you bear primary professional responsibility for all clinical decisions made in the care of individual patients. The App has no knowledge of any individual patient’s history, circumstances, presentation, or clinical context. No output of the App should be applied to an individual patient without independent clinical evaluation, corroboration with current evidence-based standards of care, and the exercise of your own professional judgment.

Your professional licensure obligations, applicable standards of care, and the ethical requirements of your profession supersede any output of this App in all circumstances.

Nothing in these Terms limits AITN’s responsibility for material errors in the App’s outputs directly attributable to defects in AITN’s platform design, where such errors are not reasonably discoverable by a clinician exercising appropriate independent review.

4.3 No Warranty of Currency or Completeness. AITN makes reasonable efforts to maintain content that reflects current clinical guidelines and evidence-based practice. However, AITN makes no representation or warranty that any content is complete, accurate, current, or free from error. Clinical guidelines change frequently; you are responsible for independently verifying that any output reflects the most current applicable standards before relying on it in any professional context. The absence of a recent update does not constitute a representation that content is current.

4.4 AI Transparency. The App generates outputs using large language model AI technology. Outputs are based on probabilistic methods and patterns derived from medical training data. They are not derived from review of any individual patient’s records unless you have entered patient information into a query. The basis for each output — including the evidence references, guidelines, and reasoning framework — is displayed within the App to enable your independent review, consistent with Criterion 4 of the FDA’s CDS guidance. You should evaluate these displayed bases before relying on any recommendation.

4.5 Reliance at Your Own Risk. Any reliance on the App’s outputs without exercising independent clinical judgment as described in this Section is solely at your professional risk. AITN expressly disclaims liability for clinical outcomes arising from failure to exercise such independent review.

5.HIPAA & Privacy
5.1 Not a HIPAA Covered Entity or Business Associate. AITN is not a HIPAA Covered Entity and does not function as a Business Associate as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. AITN does not execute Business Associate Agreements (BAAs). If your use of the App requires a BAA, the App is not appropriate for your use case.

5.2 Prohibition on PHI Entry. The App is designed and intended to be used without entry of Protected Health Information (PHI) as defined under HIPAA. You are strictly prohibited from entering, uploading, or otherwise transmitting any PHI — including but not limited to patient names, dates of birth, geographic identifiers, account numbers, or any other information that could identify a specific individual — into the App.

5.3 Responsibility for Inadvertent PHI Entry. If you inadvertently enter PHI into the App in violation of Section 5.2, such entry is solely your responsibility. You acknowledge that AITN is not equipped to receive, process, store, or protect PHI, and that any PHI entered is entered at your sole risk and in violation of these Terms. AITN assumes no liability for any PHI inadvertently submitted by users.

5.4 Limited Data Collection. We collect only the limited personal data necessary to operate subscriptions (e.g., name, email address, billing tokens). We do not collect, use, or retain clinical query data in identifiable form.

5.5 No Sale of Data. AITN does not sell customer data. Data is used solely to: (a) deliver the Service; (b) comply with applicable law; and (c) improve the App in aggregated, non-identifiable form.

5.6 Additional details are provided in our Privacy Policy, which is incorporated into these Terms by reference.

6. Intellectual Property
6.1 The App, trademarks, content, and all accompanying materials are owned by AITN or its licensors and protected by U.S. and international IP laws.

6.2 Feedback. If you voluntarily provide feedback, suggestions, or ideas about the App (“Feedback”), you grant AITN a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the App or other products and services without restriction or compensation to you.

You represent that any Feedback you provide: (a) does not contain any personal information of any third party; (b) does not contain any Protected Health Information; (c) does not include any confidential or proprietary information belonging to your employer, institution, or any third party; and (d) does not infringe the intellectual property rights of any third party.

AITN is not obligated to act on any Feedback and will not treat Feedback as confidential.

7. Third-Party Services
The App may link to guidelines, journals, or other third-party resources. AITN is not responsible for third-party content, accuracy, or availability.

8. Termination
8.1 You may cancel your subscription at any time; access remains active until the end of the current billing cycle.

8.2 AITN may suspend or terminate access immediately for violation of these Terms or to comply with legal requirements.

8.3 Sections 4, 5, 6, 9–17 survive termination.

9. Disclaimer of Warranties
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AITN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT. AITN DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY AITN OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Consumer Rights Carve-Out. Some jurisdictions, including certain U.S. states, do not permit the exclusion of implied warranties in contracts with consumers. If you are using the App as a consumer rather than in a professional capacity, and applicable law in your jurisdiction prohibits such exclusions, the above disclaimers apply to the fullest extent permitted by law, and any implied warranties that cannot be excluded are limited in duration to the minimum period permitted by law.

10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AITN, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE APP OR THESE TERMS, EVEN IF AITN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AITN’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO AITN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

Consumer Rights Carve-Out. Nothing in this Section limits AITN’s liability for: (a) death or personal injury caused by AITN’s gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under applicable law.

The limitations in this Section reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain between you and AITN. AITN would not be able to provide the App at its current price without these limitations.

11. Indemnification
You agree to indemnify, defend, and hold harmless AITN from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the App, violation of these Terms, or infringement of any rights of a third party.

12. Governing Law & Dispute Resolution
12.1 These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict-of-law rules.

12.2 Mandatory Arbitration. Any Dispute that the parties cannot resolve informally pursuant to the Notice and Cure process below shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its then-current Commercial Arbitration Rules, available at adr.org. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notice and Cure. Before initiating arbitration, the party seeking relief must send a written Notice of Dispute to the other party at the address in Section 18 (for claims against AITN) or the email address on your account (for claims against you). The Notice must describe the nature and basis of the claim and the specific relief sought. The parties agree to attempt to resolve the Dispute in good faith for a period of thirty (30) days following receipt of the Notice before either party may initiate arbitration. This Notice and Cure requirement is a condition precedent to arbitration.

Arbitration Procedure. The arbitration shall be conducted by a single arbitrator in Maricopa County, Arizona, or, at your election if you are a consumer, by telephone, video conference, or written submissions. The arbitrator shall apply Arizona law. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Costs. AAA filing fees shall be allocated in accordance with AAA Commercial Rules. If the arbitrator determines that your claim was frivolous or brought in bad faith, the arbitrator may award AITN its reasonable attorneys’ fees and costs.

Class Action Waiver. You and AITN each agree that any Dispute shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative or class proceeding. If this Class Action Waiver is found to be unenforceable for any reason, the entirety of this arbitration provision shall be null and void.

Opt-Out Right. You may opt out of this arbitration provision by sending written notice to info.allintogethernow@proton.me within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

12.3 Venue for Court Proceedings. Notwithstanding the arbitration provisions above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending resolution of a Dispute by arbitration. Any such court proceedings, and any proceedings to enforce an arbitration award, shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the parties irrevocably consent to the personal jurisdiction and venue of such courts for these limited purposes.

13. Modifications

AITN may revise these Terms by posting an updated version in the App or on our website. Material changes become effective 30 days after notice (via email or in-App alert). Continued use after that date constitutes acceptance.

14. Miscellaneous

14.1 Entire Agreement. These Terms, the Privacy Policy, and any additional posted guidelines constitute the entire agreement between you and AITN.

14.2 Severability. If any provision is unenforceable, the remainder remains in effect.

14.3 No Waiver. Failure to enforce any right does not waive that right.

14.4 Assignment. You may not assign your rights; AITN may assign without restriction in connection with a merger, acquisition, or sale of assets.

15. Force Majeure

AITN shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond AITN’s reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, government action, internet or telecommunications failures, power outages, third-party infrastructure failures (including failures of cloud hosting providers or AI model APIs), or any other cause beyond AITN’s reasonable control (“Force Majeure Event”).

AITN will use commercially reasonable efforts to notify you of a Force Majeure Event and to resume performance as soon as practicable. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected subscription upon written notice, and AITN will provide a pro-rata refund of prepaid fees for the unused period.

16. Export Controls

The App and related technology are subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce. You represent and warrant that: (a) you are not located in, and will not use the App from, any country subject to a U.S. government embargo or that the U.S. government has designated as a terrorist-supporting country; (b) you are not listed on the U.S. Treasury Department’s Specially Designated Nationals list, the U.S. Commerce Department’s Denied Persons List, or any other applicable restricted party list; and (c) you will not use the App for any purpose prohibited by U.S. export control laws.

18. Contact
All In Together Now
1934 E. Camelback Rd 120400
Phoenix, Arizona 85016 USA
Email: info.accessdiagnosis@proton.me

——————————————————————————-Version History

v1.0 — May 5, 2025: Initial publication

v2.0 — June 2026: Revised Sections 1 (entity name), 3.4 (refund policy with consumer carve-out), 4 (clinical disclaimer strengthened, 4.2 reframed), 5 (HIPAA position clarified, BAA statement, inadvertent PHI clause), 6.2 (feedback scope limitation), 9 (warranty consumer carve-out), 10 ($100 liability floor, consumer carve-out). Revised Section 12.2 (arbitration tightened with Notice and Cure, opt-out right, venue clause). Added Sections 15 (Force Majeure), 16 (Export Controls), 17 (Institutional & Enterprise Use). Section 18 renumbered from 15.