Aler App Terms of Service & User Agreement

By creating an account, accepting these terms during onboarding, accessing the App in any other manner, or otherwise using the Services, you acknowledge that you have read these Terms of Service, our Privacy Policy, and any in-product disclosures, and you agree to be bound by them. If you do not agree, do not use the App. By accepting these terms, you also expressly consent to the collection, processing, and uses described in Section 7, Section 8, Section 9, Section 10, and Section 12.

If you are using the App on behalf of an organization (a “Sponsor User”), you represent that you have authority to bind that organization, and references to “you” include both you and the organization. Sponsor-specific terms in Section 18 may apply.

Order of precedence. Where any of the following conflict with respect to a given subject, the documents apply in the following order, with earlier documents controlling: (i) a separately signed Master Services Agreement, BAA, or HIPAA Authorization between you (or your Sponsor) and Aler; (ii) these Terms of Service; (iii) the Privacy Policy; (iv) in-product disclosures; (v) the marketing-summary trust pages.

• “App” / “Services”: the Aler application (web and mobile), APIs, AI features, clinical-intelligence engine, integrations, and any related products or services we offer.
• “Account”: your authenticated, individual access to the App.
• “Personal Data”: as defined in the Privacy Policy.
• “PHI”: Protected Health Information under HIPAA.
• “Sensitive Personal Information”: as defined in the Privacy Policy.
• “De-identified Data”: as defined in the Privacy Policy.
• “Sponsor”: a healthcare provider, hospital, health plan, employer, or other organization that contracts with Aler to make the Services available to a defined population.
• “Connected Source”: a third-party system you authorize to send data to Aler. The sources actually connected today are listed in Section 4.
• “AI Output”: text, summaries, alerts, recommendations, code, images, and other content generated by an AI feature of the App.
• “Agent”: an AI-driven workflow within the App that takes a goal from you, plans intermediate steps, and may invoke Models or other tools to act on your behalf.
• “Model”: a machine-learning or generative-AI model, including foundation models we operate or third-party inference models we route prompts to under Section 14.
• “Input”: any data you or your authorized Connected Sources submit to a Model or Agent, including prompts, attachments, and contextual records.
• “Output”: any content a Model or Agent produces in response to an Input, whether returned to you, stored in your record, or relayed to a Care-Team Recipient.
• “Beta Features”: features identified in the App as “Beta,” “Preview,” or “Aler Labs.”
• “BAA”: Business Associate Agreement under HIPAA.
• “Documentation”: the user-facing help center, integration docs, and in-product disclosures Aler publishes from time to time.

• You must be at least 18 years old to create an account. The Services are offered to adults only, and by creating an account you represent that you meet that requirement. We ask for your date of birth because it is clinically relevant to the analysis the App performs, and we may use it to confirm your eligibility. If we learn that an account belongs to someone under 18, we close it and delete the record.
• Pediatric features are not offered. No Sponsor-mediated pediatric program is live, and no part of the App is designed for or made available to minors.
• The Services are in a limited beta. These terms describe the App as it actually runs today. Features described in the Documentation as planned are not commitments, and a term in these Terms that is written to cover a capability we have not launched (paid subscriptions, for example) takes effect only if and when that capability launches.
• You must provide accurate and current registration information and keep it up to date. Material misrepresentation is grounds for suspension under Section 27.
• You are responsible for safeguarding your authentication credentials and for any activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.
• The App is offered to users in the United States. We may make it available to users in other countries; if you access it from outside the U.S., you do so on your own initiative and are responsible for compliance with local law, including data-localization requirements where they apply.
• Aler may deny registration, refuse to provide the Services, or terminate an account at any time where required by law or where we determine the account presents unacceptable risk.

The App is a personal clinical-intelligence service. It receives data from the sources you authorize, computes a baseline inside your own account from your own history, and surfaces deviations, trends, summaries, and educational content. The App may also include features that prepare information for sharing with clinicians you designate.

The sources it actually connects to today. Wearables and recovery platforms (Whoop, Oura, Withings, Polar, Wahoo, and devices such as Fitbit that report through Google Health); Apple Health on iOS and watchOS; Android Health Connect, including its Medical Records FHIR R4 feed, which can carry allergies, conditions, laboratory results, medications, practitioner details, pregnancy records, procedures, social history, vaccinations, visits, and vitals; Google Calendar, on read access plus a dedicated Aler calendar we write to; genetics, which is a file upload of a 23andMe or AncestryDNA raw export rather than an account connection; documents and messages you send into your vault; and records a clinician you have authorized contributes. A source not named here is not connected.

What is not built. Direct hospital EHR connections, pharmacy systems, and claims feeds are not built. Laboratory connections exist in the code but are credentialing-gated and are not enabled. Where an earlier version of these terms described the App as connecting to lab vendors and pharmacy systems, that described an intended architecture and has been corrected.

The App is not a medical device. It is intended for general wellness and informational purposes. It does not diagnose, treat, cure, mitigate, or prevent disease, is not cleared or approved as a medical device by any regulatory authority, and is not a substitute for professional medical judgment. Any clinical decisions remain with you and your licensed clinicians.

Information delivered through the App (including AI Output, alerts, briefings, summaries, drug-interaction notes, and trend analyses) is provided for educational and informational purposes only. It is not medical advice, diagnosis, or treatment. The App is a Software-Functioning-as-a-Wellness-Tool and is intended to fall outside the definition of a “medical device” under Section 520(o) of the U.S. Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 360j(o)) and analogous foreign law.

ALWAYS SEEK THE ADVICE OF A QUALIFIED CLINICIAN WITH ANY QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION. Do not disregard, avoid, or delay obtaining medical advice because of something you read or saw in the App. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

You agree not to use the App as the sole basis for a clinical decision, to substitute the App for a clinician’s evaluation, or to administer or withhold medical care based solely on the App.

You may use the App only as described in these terms and the Documentation. You agree not to:

• Use the App or its outputs as the sole basis for a clinical-trial protocol, regulatory submission, claim to a payor, denial of coverage, employment decision, or other decision with legal or similarly significant effect on any individual.
• Hold the App out as a medical device, a clinical-decision-support tool intended for diagnosis, or a substitute for licensed care.
• Use the App in connection with the practice of medicine on a patient who has not consented to that use, or in violation of any clinician licensing requirement.
• Use the App, the AI Output, or any data you receive through the App to train, fine-tune, evaluate, or otherwise build a competing machine-learning model or product, except as expressly permitted in writing by Aler.
• Submit data about another individual without that individual’s informed consent and any other authorization required by law.
• Use the App in jurisdictions or for use cases prohibited by applicable law (including U.S. export control and sanctions regimes; see Section 26).
• Reverse-engineer, decompile, or disassemble any part of the App, except to the extent applicable law expressly permits.
• Probe, scan, or test the App’s vulnerability except in accordance with our Vulnerability Disclosure Policy at [email protected].
• Resell, sublicense, or repackage the Services, except where you are expressly authorized to do so as a Sponsor.
• Access the App by automated means (scrapers, bots) other than through our published APIs and within published rate limits.
• Misrepresent the AI Output as the advice of a licensed clinician.

You grant us access to the data you provide directly and the data we receive when you authorize a connection to a Connected Source. The categories of information collected, and the technical safeguards applied, are described in the Privacy Policy.

You represent and warrant that: (a) you have the right to share with us any data you provide or connect; (b) doing so does not violate any law, contractual obligation, or right of any third party; (c) any data you provide about another individual was provided with that individual’s informed consent and any other authorization required by law; and (d) you will keep your information accurate and current.

We use your data to deliver the Services, build your personal baseline, generate alerts and summaries you have asked for, prepare information for clinicians you authorize, operate and secure the Services, communicate with you, and otherwise as described in the Privacy Policy. Identifiable data is not shared with insurers, employers, or marketers (except, where you sign up for a Sponsor program, the data within the scope of that program). No Sponsor program is live today. Identifiable data is not sold or rented.

Your baseline is yours. The model is shared. The baseline that describes what is normal for you is computed inside your own account from your own history, and no other user’s account is used to build it. The underlying models that read that baseline are shared across all users and are trained on de-identified health data, including de-identified data derived from your account. That is deliberate: the collective is what makes a model accurate for everyone, including you. Data that could identify you never enters training. The full posture is set out in Section 14.

Generating a reply involves sending your data to a model provider. When you ask the App a question, the context assembled for that question, which can include your profile, medications, conditions, laboratory values, recent metrics, and the question itself, is transmitted to a third-party inference provider to produce the reply. See Section 14 and /legal/sub-processors.

What we do not do. We do not run product analytics, session recording, or behavioral tracking, and we do not send your data to an analytics or attribution vendor. We do not run advertising in the Services and we do not collect advertising identifiers.

For the limited purposes of providing, securing, improving, and developing the Services, you grant Aler a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, transmit, copy, display, format, modify (for compatibility), and process the data you provide and connect. This license terminates when the data is deleted, except for: (i) backups in the standard backup-rotation lifecycle (see Privacy Policy retention table); (ii) audit-log entries we are required to retain; (iii) information that has been de-identified consistent with Section 10, which is no longer associated with you; and (iv) information we are required to retain by law or under legal hold.

This is one of the most important sections of these terms. Read it carefully.

By using the App, you grant Aler a perpetual, irrevocable (subject to Section 10.4), worldwide, royalty-free, fully sublicensable, transferable license to create, use, retain, license, sell, distribute, and otherwise commercialize De-identified Data derived from any information collected from you through the Services. De-identified Data is data from which all identifiers that could reasonably be used to identify you have been removed in accordance with the standards described in Section 10.2.

10.1 Examples of how De-identified Data may be used

• Sale or licensing of population-level datasets (e.g., aggregate cardiovascular trends, glucose-response distributions, sleep-architecture norms by age and sex) to pharmaceutical and life-sciences companies, medical-device manufacturers, payors, public-health agencies, and academic researchers.
• Building, training, evaluating, and improving Aler’s machine-learning models, including foundation models, baseline learners, risk models, and natural-language interfaces.
• Publishing scientific research, white papers, and blog posts that include aggregate statistics or de-identified case examples.
• Benchmarking and quality reporting for population-health initiatives, including reports furnished to Sponsors that include only aggregate, non-individually-identifiable information.

10.2 De-identification standards

Where this stands today. We build and use de-identified datasets internally, principally to train and evaluate our own models. No dataset has been licensed or sold to an outside party. The requirements below are the conditions that must be satisfied before any dataset leaves Aler. They are stated as binding conditions on a future disclosure, not as a description of a licensing program already running.

• Where the source data was PHI, de-identification is performed using either the Safe Harbor method described in 45 C.F.R. § 164.514(b)(2) or the Expert Determination method in 45 C.F.R. § 164.514(b)(1), with documentation retained as required.
• Datasets shared at the record level have date shifting, geographic rounding (no zip below 3-digit), and small-cell suppression (cells < 11 individuals are suppressed) applied. Aggregate datasets suppress cells below a minimum count.
• Differential-privacy noise is applied where appropriate to high-cardinality numeric attributes.
• Free-text fields are run through a PHI-scrubber and a manual quality gate before inclusion in any record-level licensed dataset.
• Recipients are bound by contract to not attempt re-identification, not combine the data with other data in a way that would enable re-identification, and not use the data to make adverse decisions about specific individuals.
• Once data has been de-identified for licensing, Aler does not maintain the keys necessary to re-associate it with you.

10.3 Sensitive-category handling

Datasets that include information from the categories described in Section 12 (mental health, reproductive, HIV/STI, genetic, substance-use, etc.) are subject to additional safeguards: heightened expert-determination thresholds; recipient diligence including a research ethics review where applicable; prohibition on use for marketing, insurance underwriting, or employment decisions; and Aler’s right to revoke licensing for cause. Identifiable genetic information is excluded from de-identified data licensing in all cases unless we obtain affirmative, separate, opt-in consent that specifically references genetic data.

10.4 Your control

You are included by default and can opt out at any time. Creating an account accepts these terms, and this section opts the account in. The “Research & data licensing” setting in your account is therefore on by default, and you can turn it off at any point. Opting out does not affect any other features of the App.

Because nothing has been licensed to an outside party, opting out today removes your past contributions from the internal de-identified store as well as stopping future ones. If a dataset has by then been licensed to a recipient, that dataset is no longer associated with you and cannot be recalled; we would stop including future data of yours.

An honest note on consent. Opt-out by default is a weaker consent posture than the affirmative opt-in that Washington’s My Health My Data Act, Nevada SB 370, and the GDPR contemplate for health data. We have written it this way, and disclosed it here rather than burying it, so that you can make the choice knowingly.

10.5 EU / UK users

If you are in the EEA or the UK, the GDPR ceases to apply to data once it has been anonymized. While data is still pseudonymous, we treat it as Personal Data and rely on the lawful bases described in the Privacy Policy, including your explicit consent. You may withdraw your consent at any time, with the effect described above.

10.6 What this license does not authorize

• It does not authorize the sale or transfer of identifiable Personal Data, including identifiable PHI.
• It does not authorize disclosure to insurers, employers, or marketers in identifiable form.
• It does not override any separate HIPAA Authorization, BAA, or Sponsor agreement that limits permissible uses.

Where applicable law (HIPAA or analogous state law) requires a separate written authorization for a particular disclosure (including, for some uses, the sale of identifiable PHI, marketing communications that constitute marketing under HIPAA, and certain research disclosures), we will obtain a separate, conspicuous, time-limited HIPAA Authorization from you before making the disclosure. De-identified Data licensing under Section 10 does not constitute a sale of PHI under HIPAA because the data is no longer PHI once de-identified. If we ever propose to sell identifiable PHI in a manner requiring authorization, we will obtain that authorization separately and will not bundle it with these terms.

You may revoke a HIPAA Authorization at any time by writing to [email protected]; revocation does not apply to action already taken in reliance on the Authorization.

By using the App, you expressly consent to the processing of sensitive categories of data described in the Privacy Policy (mental-health, reproductive and sexual-health, HIV / STI, substance-use, genetic, biometric, and precise-location information) for the purposes described in these terms and the Privacy Policy. You may withdraw consent at any time, with the effects described in the Privacy Policy.

• Reproductive and sexual-health data is treated as the most sensitive category. Aler will not voluntarily disclose it to law enforcement and will challenge legal process that appears facially invalid or overbroad.
• Mental-health and substance-use data. Stated plainly: we do not have the separate consent, redisclosure-notice, and segmented-audit machinery that 42 C.F.R. Part 2 requires, and an earlier version of these terms said otherwise. Substance-use-disorder records that reach us through a general health feed are handled with the same confidentiality, access controls, and audit logging as the rest of your record, but we are not holding ourselves out as a Part 2 compliant recipient. Building that machinery is on our pre-launch list. If you hold records that are subject to Part 2 and that distinction matters to you, do not route them into the App until we can state otherwise.
• Genetic information is excluded from the de-identified data licensing of Section 10 unless and until you provide separate, affirmative, opt-in consent referencing genetic data specifically.
• Biometric identifiers are not collected by default; if a future feature collects biometric identifiers we will obtain a separate written release as required under the Illinois BIPA, Texas CUBI, and similar laws before collection.

The App uses machine-learning and generative-AI components to produce summaries, alerts, drug-interaction warnings, suggested questions for clinicians, and similar AI Output. AI Output:

• May contain errors, omissions, or hallucinated content.
• Is not reviewed individually by a clinician unless the App explicitly says so.
• Should be verified before relying on it for any decision that materially affects your health, finances, or legal status.
• May reflect biases present in the training data. Evaluating performance across demographic and clinical subgroups is a commitment we have made and work we are building, not a continuous pipeline running today, and we cannot guarantee uniform performance for every individual.
• Is generated by sending the assembled context for your question to a third-party inference provider, as described in Section 14.

Certain features include a deterministic safety guardrail that triggers an emergency-resource overlay when high-risk language is detected. The guardrail is not a substitute for calling emergency services.

Your baseline is yours. The baseline model that describes what is normal for you is computed inside your own account from your own history. No other user’s data is used to build it, and it is not used to build anyone else’s.

The model is shared, and it is trained on de-identified data. The underlying models are shared across all users, and Aler may use De-identified Data derived from your account to train, evaluate, and improve them, consistent with Section 10. That is deliberate: the collective is what makes a model accurate for everyone, including you. Aler does not train any model, ours or a vendor’s, on data that could identify you.

Inference providers. Producing a reply requires sending the assembled context for your question, which can include identifiable health information, to a third-party generative-AI inference provider over an encrypted connection. What is contractually true today: the provider’s commercial terms do not permit it to train its models on data submitted through the interface we use. What is not true yet, stated plainly: no Business Associate Agreement is in place with an inference provider, and we do not hold a negotiated zero-retention term, so we do not claim that prompts and completions are discarded at the end of the call. Putting that paperwork in place is on our pre-launch list. The providers we use are listed at /legal/sub-processors.

AI Output ownership. As between you and Aler, you own the AI Output generated specifically for you, subject to: (a) Aler’s ownership of the underlying models, prompts, and software; (b) the rights granted to Aler in Section 9 and Section 10; and (c) the limits in Section 6.

AI Output is not unique to you. Generative models often produce similar or identical Output in response to similar Inputs from different users. Aler may generate, store, and deliver the same or substantially similar AI Output to other users without obligation or attribution to you. You should not treat AI Output as proprietary to you, and Aler makes no representation that any AI Output is original, unique, or non-infringing of any third-party right.

Features marked “Beta,” “Preview,” or “Aler Labs” are provided to allow you to evaluate and provide feedback on capabilities under development. Beta Features:

• Are provided “as is” with no warranty;
• May change, be withdrawn, or stop working at any time without notice;
• May be subject to additional usage limits, telemetry, and disclosure obligations;
• Are not subject to any service-level commitments;
• Should not be used in any clinical or operational workflow that depends on continuous availability or accuracy.

When you connect a Connected Source, you authorize that source to send data to Aler and authorize Aler to receive it. Your relationship with the Connected Source is governed by that source’s terms and privacy policy. Aler is not responsible for the third party’s availability, accuracy, or practices, except for our handling of data once received. You may disconnect any source at any time; doing so removes its data from new model inputs but does not delete data already received unless you also exercise your deletion right.

17.1 Granting and revoking access

You may grant designated clinicians, family members, or caregivers (each a “Care-Team Recipient”) limited access to your record. Each grant is scoped (which records, for how long, for what purpose) and recorded in the audit log. You may revoke a grant at any time; the Care-Team Recipient loses prospective access immediately, but remains responsible for the records they accessed prior to revocation. Aler is not responsible for the conduct of Care-Team Recipients except for our own handling of access logs.

17.2 We do not verify clinician credentials

Aler does not verify the licensure, credentials, identity, fitness to practice, malpractice history, or scope of practice of any Care-Team Recipient, including any individual you invite as a clinician. Display of a name, title (e.g., “MD,” “NP,” “RN”), NPI, or organization affiliation in the App reflects information provided by that individual or by a Sponsor and has not been independently confirmed by Aler. You are solely responsible for satisfying yourself that anyone you invite is qualified, properly licensed in the relevant jurisdiction, and authorized to receive the information you choose to share.

For clinician invitations originating through a Sponsor, the Sponsor is responsible for credentialing and oversight under its own program; Aler relays the data flows the Sponsor has authorized but does not act as a credentialing body or a referral service.

17.3 Clinician users (where you log in as a clinician)

If you access the App as a clinician viewing or contributing to a patient’s record, the following additional terms apply to that use:

• You represent that you hold a current, unrestricted license to practice in every jurisdiction where you provide care to a patient using the App, and that your access to the patient’s record is authorized by the patient or by an applicable Sponsor agreement and is consistent with HIPAA, state confidentiality laws, and your professional obligations.
• You agree that the App is decision-support software, not a medical device, and that any clinical judgment, prescription, diagnosis, treatment, or referral remains your independent professional responsibility.
• You agree to keep authentication credentials confidential, to access only the records of patients with whom you have a legitimate clinical relationship, and to log out from shared devices.
• Notes, orders, and recommendations you record in the App are part of the patient’s record, are visible to the patient and to other authorized Care-Team Recipients, and may be exported by the patient at any time.
• Aler, in its capacity as a Business Associate of a covered entity that employs you, will not use or disclose PHI received from that covered entity except as permitted by the applicable BAA and this agreement.
• If you are using the App in connection with a Sponsor program, the Sponsor’s agreement with Aler may impose additional or more restrictive obligations; the Sponsor agreement controls in case of conflict with this Section.

When the volume or nature of clinician use justifies it, Aler may require execution of a separate Provider Portal Terms of Use; that document, once executed, supersedes this Section 17.3 with respect to your use as a clinician.

If your access to the Services is provided through a Sponsor, additional terms apply:

• Your Sponsor may have agreed to a Master Services Agreement and BAA with Aler that constrains permissible uses, data residency, retention, and audit rights. Where any conflict exists with these Terms of Service, the signed agreement controls.
• The Sponsor may receive only the data fields documented in its program description. We do not transmit identifiable health data outside that scope.
• Aggregate, de-identified analytics may be furnished to the Sponsor under Section 10.
• Where the Sponsor controls the account (employer-funded benefits, hospital-issued accounts), the Sponsor may have additional rights to suspend or terminate access; you will be notified to the extent permitted by law.

Payments are not enabled. The Services are in a limited beta and we do not currently charge for them. We have no payment processor engaged, we do not collect payment-card numbers, billing addresses, or bank details, and no billing records exist. The terms below are the framework that will govern paid plans if and when we launch them, and none of them operates today. We will not begin charging without notice under Section 39.

• Free tier. Where offered, the free tier may be discontinued, capped, or modified at any time on at least 30 days’ notice.
• Paid plans. Subscriptions auto-renew at the then-current rate unless cancelled at least 24 hours before the renewal date. You authorize us (or our payment processor) to charge your payment method on each renewal.
• Refunds. Except where required by applicable consumer-protection law, payments are non-refundable. EU/UK consumers retain any statutory withdrawal rights described in Section 36.
• Taxes. Prices do not include taxes; you are responsible for any applicable taxes.
• Price changes. We will give at least 30 days’ notice before a price change for an existing subscription; if you do not accept the change, you may cancel before it takes effect.
• Failed payments. If a payment fails, we may suspend the paid features after a reasonable retry window. Sensitive features required for safety (emergency overlays, basic data export) remain available during suspension.
• Chargebacks. We may suspend or terminate access if a chargeback is filed; you agree to contact us first to attempt resolution.

You agree not to (in addition to the restrictions in Section 6):

• Use the App for any unlawful, fraudulent, or harmful purpose, or in a way that infringes the rights of others.
• Misuse, defame, harass, threaten, intimidate, stalk, or impersonate any person.
• Upload viruses, ransomware, or other malicious code; circumvent rate limits or access controls; or interfere with the App’s operation.
• Use the App to send unsolicited messages or to violate the CAN-SPAM Act, TCPA, GDPR, or other applicable communications laws.

We protect your data with the safeguards described in the Privacy Policy and at /trust/security. That page and the Privacy Policy split honestly between the controls in place today and the ones on our pre-launch roadmap, and you should read them as written rather than assuming a mature security program. We describe ourselves as HIPAA-aware. We are not HIPAA-certified, no such certification exists, we hold no SOC 2 report, and we do not claim HITRUST.

You are responsible for maintaining the confidentiality of your credentials, using up-to-date devices, enabling two-factor authentication where offered, and notifying us promptly of any suspected compromise at [email protected]. Two-factor authentication is mandatory for clinician accounts. You will not knowingly do anything that would cause Aler to breach HIPAA, the GDPR, or other applicable law.

The App, including all software, models, designs, content (other than your data), trademarks, and trade dress, is owned by Aler or its licensors and protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the App for your personal non-commercial purposes (or, for Sponsor Users, for the internal business purposes described in your subscription). All rights not expressly granted are reserved.

You retain ownership of the data you provide and connect. We claim no ownership of your raw data; we hold only the licenses described in Section 9 and Section 10.

“Aler,” “Aler Health,” and the Aler logo are trademarks of Aler Health, Inc. Other names and logos appearing in the App are the trademarks of their respective owners.

If you send us suggestions, ideas, comments, or feedback about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use that feedback for any purpose, without obligation to you. You confirm you have the right to grant that license.

Aler will not use your name, photograph, voice, or other identifiable likeness in marketing materials without your separate written permission. We may publish De-identified Data, aggregate metrics, and de-identified case studies consistent with the Privacy Policy. Sponsor agreements may include separate publicity terms covering Sponsor logo usage and joint marketing; those terms apply only between Aler and the Sponsor and do not affect your individual rights.

Aler responds to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512). Send DMCA notices to our designated agent:

DMCA Designated Agent
Aler Health, Inc.
1209 Orange Street, Wilmington, DE 19801, USA
[email protected]

We may terminate the accounts of repeat infringers in appropriate circumstances. Counter-notices may be submitted in accordance with the DMCA.

The App and its underlying technology are subject to U.S. export control and sanctions laws, including the Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that: (a) you are not located in a country subject to a U.S. government embargo or that has been designated as a “terrorist supporting” country; (b) you are not on any U.S. government list of restricted parties (including the Specially Designated Nationals and Blocked Persons List); (c) you will not access or use the App in violation of U.S. or applicable foreign export-control or sanctions laws. We may suspend access at any time to comply with these laws.

We may suspend or restrict your access to all or part of the App, with or without notice, where we reasonably believe:

• You have violated these terms or any applicable law;
• Continued access poses a security, privacy, integrity, or operational risk;
• Required by lawful order, regulator request, or sub-processor demand;
• Your account is being used in connection with fraud, abuse, harassment, or violence;
• Your account has been compromised;
• Your payment is overdue (paid features only);
• Where the App, or a feature, is being deprecated or withdrawn.

We will give reasonable advance notice unless impractical or unsafe to do so. Where suspension is for non-emergency reasons, we will work with you to resolve the underlying issue. We will not suspend access to safety-critical features (emergency overlay, basic data export) without notice.

You may terminate your account at any time from the account settings. We may terminate your account for the suspension grounds above on reasonable notice. On termination:

• You may export your record in a machine-readable, FHIR R4-compatible format for thirty (30) days from termination.
• Your record is scheduled for deletion with a thirty (30) day window, after which it is erased except for items we are required to retain (audit logs and records under legal hold) and De-identified Data that has already been licensed to an outside party, which is no longer associated with you. Nothing has been licensed to an outside party to date, so today closing your account also removes your past research contributions.
• How that erasure happens today, stated plainly. The automated purge worker that erases the marked record at the end of the thirty-day window is not built yet, so that final erasure is currently performed manually. The record is marked, access ends, and the erasure follows.
• Sections that by their nature should survive termination, including Section 9, Section 10, Section 22, Section 23, Section 30, Section 31, Section 32, Section 34, Section 35, and the rest of Section 39, survive termination.

Aler operates the App with commercially reasonable care but does not commit to a specific uptime, response-time, or accuracy level for individual users. Where a written Service-Level Agreement is signed with a Sponsor, that SLA controls between Aler and that Sponsor. We may take parts of the App offline for scheduled maintenance, security response, or compliance reasons; we aim to give advance notice and to schedule maintenance during low-usage windows.

Your equipment and connectivity. You are responsible for the computer, mobile device, operating system, browser, and internet connection required to access the App, and for any costs charged by your device manufacturer, operating-system vendor, app store, mobile carrier, or internet service provider. Aler is not responsible for the performance, security, or availability of your equipment or your network, and the App may not function properly on outdated, jailbroken, rooted, or unsupported devices, browsers, or operating-system versions. We will publish minimum supported versions in the Documentation; use outside those versions is at your own risk.

The App is provided “as is” and “as available.” To the fullest extent permitted by applicable law, Aler disclaims all warranties, express, implied, statutory, and otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, error-free operation, uninterrupted operation, freedom from viruses or harmful components, and any warranty arising out of course of dealing or usage of trade. Aler does not warrant that the App will detect any specific clinical condition or event, that AI Output will be accurate, or that any data received from a Connected Source is complete or current. Aler does not act as a healthcare provider and does not establish a clinician-patient relationship through the App.

Some jurisdictions do not allow disclaimer of certain warranties. To the extent any disclaimer is unenforceable, the warranty in question is limited to the minimum scope and shortest period permitted by law.

Indirect damages. To the fullest extent permitted by applicable law, in no event will Aler, its affiliates, or its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, business interruption, reputation, or other intangible losses, arising out of or in connection with the App, even if advised of the possibility of such damages.

Aggregate cap. Aler’s aggregate liability for any claim arising out of or in connection with the App will not exceed the greater of (a) the amount you paid Aler for the Services in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100). The aggregate cap applies on an aggregate basis to all claims and theories of liability.

Exceptions. The limitations in this section do not apply to liability that cannot be excluded under applicable law, including, in some jurisdictions, liability for gross negligence, willful misconduct, fraud, fraudulent misrepresentation, or death or personal injury caused by negligence. Each party remains responsible for its own indemnification obligations and for breaches of confidentiality, intellectual-property infringement, or violations of applicable privacy law to the extent those liabilities cannot lawfully be limited.

Allocation of risk. You acknowledge that the disclaimers and limitations in this section are an essential basis of the bargain between you and Aler, that Aler would not provide the Services on these economic terms without them, and that they apply even if a remedy is found to fail of its essential purpose.

You agree to indemnify, defend, and hold harmless Aler, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these terms or any law; (b) your misuse of the App, including any clinical decision made or care delivered in reliance on the App; (c) your data or content (including any data you provided about another person without authority); (d) your violation of any third-party right; and (e) where you are a Sponsor User, the Sponsor’s breach of its agreement with Aler. Aler will provide reasonable notice of the claim, may take the lead on its defense at its option, and you will not settle a claim without Aler’s prior written consent.

Aler intends to carry cyber-liability and technology-errors-and-omissions insurance at coverage levels appropriate to a healthtech company at our scale, and binding that coverage is part of our pre-launch work. An earlier version of these terms said the coverage was already maintained. That was not accurate and it has been corrected. Once bound, coverage levels will be reviewed at least annually, and where required by a written agreement Aler will provide a certificate of insurance.

These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Subject to the arbitration agreement below, the state and federal courts located in Wilmington, Delaware will have exclusive jurisdiction over any dispute that is not subject to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Please read this section carefully; it affects your legal rights. Except for disputes that qualify for small-claims court and except for actions to protect intellectual-property rights, any dispute, claim, or controversy between you and Aler arising out of or relating to the App or these terms (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, for Sponsor Users, the Commercial Arbitration Rules). The arbitration will take place in Wilmington, Delaware, with appearance by remote videoconference at the consumer’s request. The arbitrator’s award will be enforceable in any court of competent jurisdiction.

Class-action waiver. You and Aler agree that Disputes will be brought only in an individual capacity, not as part of a class, consolidated, representative, or private-attorney-general action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

30-day opt-out. You may opt out of this arbitration agreement by emailing [email protected] with the subject line “Arbitration Opt-Out” within thirty (30) days of first agreeing to these terms. Opt-out does not affect any other part of these terms.

Pre-arbitration notice. Before filing for arbitration, you agree to send a written Notice of Dispute to [email protected] describing the basis of your claim and the relief sought. The parties will negotiate in good faith for sixty (60) days; if not resolved, either party may proceed to arbitration.

Severability. If the class-action waiver is found unenforceable in a particular case, the entire arbitration provision will be unenforceable for that case, but only for that case. All other provisions of these terms remain in full force.

If twenty-five (25) or more similar arbitration demands are filed against Aler within a sixty (60)-day period by claimants represented by the same or coordinated counsel, the parties agree to the following batched-arbitration process under the AAA Mass Arbitration Supplementary Rules:

• The first ten (10) cases (five chosen by each side) will proceed as bellwethers and be arbitrated to final award.
• After the bellwethers conclude, the parties will participate in a court-supervised or AAA-supervised mediation. Remaining cases will be stayed until mediation concludes.
• Filing fees will be allocated as required by AAA rules; nothing in this section relieves Aler of any obligation to pay arbitration fees that consumer protection law requires it to pay.
• Statute of limitations for the staged cases is tolled during the bellwether and mediation period.

This section does not waive any individual claim. It is intended to ensure that mass-arbitration claims are resolved efficiently and on the merits.

If you are a consumer resident in the European Economic Area or the United Kingdom, the disclaimers, limitation-of-liability, governing-law, and arbitration provisions above apply only to the extent permitted by the mandatory consumer-protection laws of your country of residence. Nothing in these terms limits your statutory rights or restricts your ability to bring proceedings in the courts of your country of residence.

Right of withdrawal. There are no paid subscriptions today, so this right has nothing to attach to at present. If and when paid plans launch, an EU or UK consumer purchasing one will have a 14-day right to withdraw from the contract by notifying us at [email protected], unless you have explicitly requested that the Services begin during that period and acknowledged that you will lose your right of withdrawal once they do.

Data residency. All Aler infrastructure is located in the United States. If you use the Services from the EEA or the United Kingdom, your data is transferred to and stored in the U.S. An earlier version of these terms and of the Privacy Policy implied that data for EEA and UK users was held in a European region. That was never true and it has been removed.

Online dispute resolution. The European Commission provides an ODR platform at ec.europa.eu/consumers/odr.

Notices to Aler must be in writing and sent to: Aler Health, Inc., 1209 Orange Street, Wilmington, DE 19801, USA, with a copy to [email protected]. Notices to you may be delivered by email to the address associated with your account or by in-product notification. Notices are deemed delivered when received (email and in-product) or three days after deposit in U.S. mail (postal mail).

We may update these terms. Material changes will be announced in the App, by email to active users, and on this page at least thirty (30) days before they take effect, except where a faster change is required by law or to address a security risk. Continued use of the App after a change takes effect means you accept the updated terms; if you do not accept a change, you may close your account before it takes effect. Material changes that materially expand the scope of de-identified data licensing under Section 10 require renewed affirmative consent.

• Entire agreement. These terms, together with the Privacy Policy, any signed Master Services Agreement or BAA, and any in-product disclosures, are the entire agreement between you and Aler regarding the App and supersede any prior agreements on the same subject matter.
• Assignment. You may not assign these terms without our prior written consent. We may assign these terms in connection with a merger, acquisition, financing, reorganization, or sale of assets, on notice to you.
• Severability with reformation. If a provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable while reflecting the parties’ original intent.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (war, terrorism, civil unrest, pandemic, government action, internet or telecommunications failure, natural disaster, third-party-vendor failure).
• Survival. Sections 9 (License to Aler), 10 (De-identified data), 11 (HIPAA Authorization), 14 (AI training & content rights), 22 (Intellectual property), 23 (Feedback), 24 (Publicity), 28 (Termination), 30 (Disclaimers), 31 (Limitation of liability), 32 (Indemnification), 34 (Governing law), 35 (Arbitration), 36 (Mass arbitration), 37 (EU/UK), 38 (Notices), and 39-40 (Changes / Miscellaneous) survive termination.
• Headings. Headings are for convenience only and do not affect interpretation.
• Independent contractors. The relationship between you and Aler is that of independent contractors. These terms do not create a partnership, joint venture, employment, or agency relationship.
• No third-party beneficiaries, except that Aler’s affiliates and licensors are intended beneficiaries of the disclaimers, limitations of liability, and indemnification provisions.
• Construction. The word “including” means “including without limitation.” References to a singular include the plural and vice versa.

Aler Health, Inc.
1209 Orange Street, Wilmington, DE 19801, USA
Legal: [email protected]
Privacy: [email protected]
Security: [email protected]
DMCA: [email protected]