Terms of Service

1. Acceptance of Terms

By accessing or using the Atherton Health website or AI software (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Services.

These Terms apply to customers, visitors, and anyone using or accessing the Services.

2. Description of Services

Atherton Health provides AI-powered software to automate administrative and revenue cycle workflows for:

• Healthcare providers
• Revenue Cycle Management (RCM) companies
• Digital health organizations

The Services may interact with or process protected health information (“PHI”) as part of customer workflows.

3. Eligibility

You must be at least 18 years old to use the Services. Atherton Health does not provide services to minors.

4. Customer Responsibilities

Customers agree to:

• Use the Services only for lawful purposes
• Provide accurate information
• Ensure their own compliance with HIPAA and other applicable regulations
• Not misuse, reverse-engineer, or disrupt the Services
• Maintain the security of their accounts and credentials

5. HIPAA & Data Handling

• Atherton Health acts as a Business Associate under HIPAA when handling PHI on behalf of healthcare organizations.
• A Business Associate Agreement (BAA) will be executed with each Covered Entity or applicable customer.
• PHI is used only as permitted under the BAA and applicable law.
• Atherton Health implements safeguards consistent with HIPAA requirements.

For more details, see our Privacy Policy.

6. Payments

Payments for paid Services are processed by Stripe. Atherton Health does not store credit card or payment information.

7. Intellectual Property

All software, code, models, branding, and content provided through the Services are owned by Atherton Health.

You may not:

• Copy
• Modify
• Reproduce
• Resell
• Create derivative works
• Exploit the Services for competitive purposes

unless expressly permitted in writing.

8. Service Availability & Modifications

We may update, modify, suspend, or discontinue any part of the Services at any time, with or without notice.

We are not liable for:

• Downtime
• Service interruptions
• Delays
• Loss of data attributable to third-party providers or network issues

9. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind.

Atherton Health does not warrant that:

• The Services will be error-free or uninterrupted
• Data processed or produced by the Services is accurate, complete, or suitable for clinical decisions
• The use of the Services will meet your expectations

You are responsible for verifying outputs before using them in operational or business decisions.

10. Limitation of Liability

To the fullest extent permitted by law:

• Atherton Health is not liable for indirect, incidental, consequential, special, or punitive damages.
• Our total liability for all claims related to the Services will not exceed the amount paid to Atherton Health in the 12 months preceding the claim.

Some jurisdictions may not allow certain limitations; these apply only to the extent allowed by law.

11. Indemnification

You agree to indemnify and hold harmless Atherton Health from any claims, liabilities, losses, or damages arising out of:

• Your use of the Services
• Your violation of these Terms
• Your breach of applicable laws, including HIPAA

12. Termination

We may suspend or terminate your access to the Services at any time, for any reason, including:

• Violation of these Terms
• Failure to pay for Services
• Misuse of the platform

Upon termination, your right to use the Services immediately ends.

13. SMS Shift Alert Program

Atherton Health may send recurring SMS messages to users who have opted in during account registration.

• Program Name: Atherton Health Shift Alerts
• Purpose: Notify registered users of available healthcare shifts and provide secure scheduling links.
• Message Frequency: Recurring messages. Frequency varies based on shift availability.
• Cost: Message and data rates may apply.
• Opt-Out: Reply STOP to unsubscribe from SMS notifications at any time.
• Help: Reply HELP for assistance or contact saleh@athertonhealth.co.

By providing a mobile number and opting in, you confirm that you are the authorized user of the mobile number and consent to receive SMS messages from Atherton Health.

Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

14. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.

Any disputes shall be resolved exclusively in state or federal courts located in New York County, New York.

15. Changes to These Terms

We may update these Terms from time to time. The “Effective Date” above indicates when the Terms were last revised. Continued use of the Services constitutes acceptance of updated Terms.

16. Contact

For questions regarding these Terms:

Atherton Health
135 Madison Ave.
New York, NY 10016
Email: saleh@athertonhealth.co