Acuity.health – Terms and Conditions

Last updated: June 30 2025

1. Acceptance of Terms

By downloading, installing, or using the Acuity.health mobile application (the “App”) on an Apple‑branded product, you agree to be bound by these Terms and Conditions (the “Agreement”). If you do not agree, do not install or use the App.

2. Definitions

  • “Acuity” / “we” / “us” means Acuity Health, Inc.

  • “Services” means the App, related websites, APIs, and any content or functionality provided.

  • “You” / “User” means the individual accessing or using the Services.

3. License Grant & Restrictions

Acuity grants you a personal, non‑exclusive, non‑transferable, revocable, limited license to use the App on an Apple device that you own or control, as permitted by Apple’s Usage Rules in the App Store Terms of Service. Except as expressly allowed, you may not:

  1. Copy, modify, reverse engineer, decompile, or attempt to extract source code;

  2. Sell, rent, sublicense, or distribute the App or Services;

  3. Circumvent security features or interfere with servers or networks.

4. Medical & Regulatory Disclaimers

  • No Medical Advice. The App provides clinical decision support tools and health analytics, but does not constitute medical advice. Always consult a qualified healthcare provider for diagnosis or treatment decisions.

  • Not a Medical Device (Unless Notified). Unless explicitly stated, the App is not intended to diagnose, treat, cure, or prevent disease and has not been cleared or approved by the U.S. Food and Drug Administration.

  • Emergency Use. Do not rely on the App for life‑threatening or emergency situations. Call 911 or your local emergency number.

5. User Accounts & Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. You are responsible for safeguarding your credentials and all activity occurring under your account.

6. User Obligations

You agree to:

  • Provide accurate, current, and complete information;

  • Use the Services only for lawful purposes;

  • Obtain all necessary consents when uploading protected health information (PHI) or personal data;

  • Comply with applicable laws and regulations, including HIPAA and, where applicable, Health Kit requirements.

7. HealthKit & Health Data (Apple‑Specific)

The App may integrate with Apple HealthKit. If you grant permission, we will read and/or write health data strictly to provide or improve the Services. We do not use HealthKit data for advertising, data mining, or other purposes disallowed by Apple policies. You can revoke access at any time via Apple Health app settings.

8. Privacy & Security

Our collection and use of personal data are governed by the Acuity.health Privacy Policy. We implement administrative, technical, and physical safeguards designed to protect PHI, and we enter into Business Associate Agreements (BAAs) when required.

9. Subscriptions, Trials & Fees

Certain features may require payment of subscription fees, detailed at point of purchase. Unless canceled at least 24 hours before the end of the current period, subscriptions automatically renew. Payment will be charged to your Apple ID account.

10. Intellectual Property

All intellectual property rights in the Services belong to Acuity or its licensors. All trademarks, logos, and service marks are the property of their respective owners.

11. Apple‑Specific Terms (Minimum EULA Requirements)

  1. Acknowledgement. You and Acuity acknowledge that this Agreement is between you and Acuity, not Apple, and Acuity is solely responsible for the App and content.

  2. Scope of License. The license granted in Section 3 is limited to Apple devices that you own or control.

  3. Maintenance and Support. Acuity is responsible for providing any maintenance or support; Apple has no obligation whatsoever to furnish any services.

  4. Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation.

  5. Product Claims. Acuity, not Apple, is responsible for addressing claims relating to the App and your possession or use, including product liability, regulatory compliance, and consumer protection claims.

  6. Intellectual Property Rights. In the event of any third‑party claim that the App infringes intellectual property rights, Acuity is solely responsible for investigation, defense, settlement, and discharge.

  7. Legal Compliance. You represent that you are not located in a country subject to U.S. Government embargo or designated as a “terrorist‑supporting” country and are not on any U.S. Government restricted list.

  8. Developer Name & Address. Acuity Health, Inc., 123 Innovation Way, Austin, TX 78701, support@acuity.health.

  9. Third‑Party Beneficiary. Apple and Apple’s subsidiaries are third‑party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right to enforce it.

12. Warranty Disclaimer

To the fullest extent permitted by law, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

13. Limitation of Liability

Acuity will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits or data, even if advised of the possibility. Our total liability will not exceed the greater of (i) $100 or (ii) the amounts you paid within the past twelve months.

14. Indemnification

You agree to indemnify and hold harmless Acuity, its affiliates, officers, and employees from any claims arising out of your misuse of the Services or violation of this Agreement.

15. Termination

Acuity may suspend or terminate access at any time for violation of this Agreement. Upon termination, Sections 10–17 will survive.

16. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the State of Texas, excluding conflict‑of‑law rules. Any dispute will be resolved through binding arbitration in Travis County, Texas, unless prohibited by law.

17. Changes to Terms

We may update these terms by posting an updated version in the App or on our website. Continued use after the effective date constitutes acceptance.

18. Contact Us

For questions, complaints, or claims regarding the App, contact:

Acuity Health, Inc.
Attn: Legal Department
6101 Wendover Glen, Brentwood, TN 37027
Email: srinivas@acuity.health
Phone: 615-415-7525