Terms of Service

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to create an account. By creating an account you represent that you meet this requirement and that all information you provide is accurate and current.

You are responsible for maintaining the confidentiality of your password and recovery code. Because of the cryptographic design described on the Security page, we cannot recover your password and cannot decrypt your records on your behalf if you lose both your password and your recovery code. You agree that we are not liable for any loss of data resulting from your failure to safeguard these credentials.

You are responsible for all activity that occurs under your account. You agree to notify us immediately at security@open-chart.com of any unauthorized use of your account or any other breach of security.

open-chart is a personal record-keeping and visualization tool. It is not a medical device, not a diagnostic system, and not a substitute for the judgment of a licensed healthcare provider. Nothing presented through the Service — including AI-extracted observations, trend charts, reference ranges, abnormal flags, questions to ask your physician, or any other derived content — constitutes medical advice, diagnosis, treatment, or recommendation.

AI extraction is imperfect. Values may be misread; units may be miscategorized; reference ranges may not reflect the interpretation appropriate to your age, sex, condition, or assay. You must independently verify any health-related information surfaced by the Service before relying on it, and you must consult a qualified healthcare provider for any medical decision. Do not make treatment, medication, or lifestyle changes based solely on what the Service shows you.

The Service does not provide emergency services. If you believe you are experiencing a medical emergency, contact your local emergency number immediately.

You retain all rights to the documents, files, observations, and other content you upload or generate through the Service (“Your Content”). You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, process, and display Your Content solely as necessary to operate the Service for you — including, where applicable, transmitting decrypted content to our AI extraction sub-processor for the purpose of extracting structured observations on your behalf. We do not claim ownership of Your Content and we do not use it to train models.

You represent and warrant that (a) you have the right to upload Your Content; (b) Your Content does not infringe the rights of any third party; and (c) you have obtained any consents required to upload medical records that contain information about persons other than yourself.

You agree not to:

• Upload records belonging to another person without that person’s explicit, informed consent (or, in the case of a minor child, without holding the legal authority to do so).
• Use the Service to provide services to third parties as a covered entity or business associate under HIPAA without a separate written agreement with us.
• Reverse engineer, decompile, or attempt to derive the source code of the Service except to the extent permitted by applicable law.
• Interfere with, probe, or disrupt the Service or any other user’s use of it. (Responsible-disclosure security research is welcome — see the Security page.)
• Use the Service to transmit malware, illegal content, or content that violates the rights of any third party.
• Resell, sublicense, or commercially exploit the Service without our written permission.
• Circumvent or attempt to circumvent the rate limits, authentication requirements, or other technical controls of the Service.

You may generate share links granting other parties time-limited access to specific records. By generating a share link you authorize us to deliver the corresponding wrapped key material to anyone who presents the link with a valid grant secret. You acknowledge that anyone with the link can decrypt the record until the link expires, is fully used, or is revoked. We have no control over what recipients do with decrypted content.

The Service may interoperate with third-party systems (including, where supported, FHIR-compatible clinical systems). We make no representation as to the conduct, terms, or security practices of such third parties; your use of any third-party system is governed by that system’s own terms.

We strive to keep the Service available, but we do not guarantee uninterrupted access. The Service is provided on an “as is” and “as available” basis. We may modify, suspend, or discontinue all or part of the Service at any time, with or without notice. We may also change pricing, features, or these Terms; material changes will be communicated to you by email or in-app notice with reasonable advance notice where practicable.

You may terminate your account at any time by deleting it from within the Service. We may suspend or terminate your access if we reasonably believe you have violated these Terms or that your account poses a security risk to other users or to the Service. Upon termination we will delete Your Content in accordance with our Privacy Policy, subject to any legal or compliance retention obligations we may have.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA, AND THE ABSENCE OF VIRUSES OR ERRORS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OPEN-CHART, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You acknowledge that the fees (if any) we charge reflect this allocation of risk and that we would not provide the Service on these economic terms without these limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations in this section may not apply to you; in such cases, our liability is limited to the smallest extent permitted by applicable law.

You agree to defend, indemnify, and hold harmless open-chart and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual-property or privacy right.

These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict-of-law principles. Subject to the dispute-resolution provisions below, the exclusive venue for any judicial action permitted under these Terms lies in the state or federal courts located in the Commonwealth of Virginia, and you and we each consent to personal jurisdiction in those courts.

Informal resolution. Before filing any claim against us, you agree to try to resolve the dispute informally by emailing legal@open-chart.com with a written description of the dispute and the relief you seek. We will attempt to resolve the dispute through good-faith discussion for at least 60 days before either side may initiate arbitration.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in the English language and seated in the Commonwealth of Virginia (or, at your election if you are a consumer, in your county of residence). Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

Exceptions. Either party may bring an individual action in small-claims court. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual-property rights.

Opt-out. You may opt out of this arbitration provision by emailing legal@open-chart.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms.

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver of that right or provision.

These Terms, together with the Privacy Policy and any additional terms we present to you for specific features, constitute the entire agreement between you and open-chart regarding the Service and supersede any prior agreements.

Questions about these Terms? Email legal@open-chart.com.