Almry Terms of Service

Last Updated: August 14, 2025

IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 11.

IMPORTANT NOTICE REGARDING AI SERVICES: BY USING OUR AI HEALTH ASSISTANT FEATURES, YOU CONSENT TO YOUR HEALTH INFORMATION BEING PROCESSED BY THIRD-PARTY AI PROVIDERS AS DETAILED IN SECTION 1.3.

Welcome to Almry. These Terms of Service ("Terms") govern your access to and use of the Almry mobile application, websites, and services (collectively, the "Services") provided by Almry ("Almry," "we," "us," or "our"). The Services include health record management, an AI-powered health assistant, and facilitation of direct-to-consumer lab testing.

Please read these Terms carefully. By creating an account or by accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of another person (e.g., a family member), you represent that you are authorized to accept these Terms on that person's behalf.

Please refer to our Privacy Policy to learn about our privacy practices with respect to your personal information. Please refer to our Notice of HIPAA Privacy Practices to learn about our privacy practices with respect to your Protected Health Information.

1. The Almry Services

• 1.1 Not Medical Advice: Almry is not a healthcare provider. The AI Health Assistant and any other content or insights provided through the Services are for informational purposes only and do not constitute medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or received through the Services.

• 1.2 Health Records: The Services allow you to retrieve and consolidate your health records from your healthcare providers and insurers. You are solely responsible for authorizing and maintaining these connections. We are not responsible for the accuracy, completeness, or timeliness of the information provided by these third-party sources.

• 1.3 AI Health Assistant and Third-Party AI Processing:

  • Important Disclosure: When you use our AI Health Assistant features (available with Premium subscription), your health information, including Protected Health Information (PHI), will be transmitted to and processed by third-party AI service providers. These providers may include, but are not limited to:

    • Google (Gemini models)

    • OpenAI (GPT models)

    • Anthropic (Claude models)

    • X.AI (Grok models)

    • Other AI providers as we may add to improve our services

  • Data Processing: By using the AI Health Assistant, you explicitly consent to:

    • Your health records and medical information being sent to these third-party AI providers

    • Processing of your data on servers that may be located outside the United States

    • Temporary storage of your data by AI providers for processing purposes

    • Use of your data to generate AI responses (though providers typically do not train on individual user data)

  • No Business Associate Agreements: Please be aware that most AI providers do not sign Business Associate Agreements (BAAs) under HIPAA. This means they are not bound by HIPAA regulations when processing your health information. While we take steps to protect your privacy, you should understand this risk before using AI features.

  • Your Control: You may choose not to use AI features that require third-party processing. Local AI models (Gemma) process data only on your device without sending information to third parties.

• 1.4 Operating Modes: The Services offer two modes:

  • Local Storage Mode: Your health records and credentials are encrypted and stored only on your device. Almry does not have access to this information. When using local AI models (Gemma), your data is not sent to any third parties.

  • Hosted Storage Mode: To use certain features, such as "Order Tests" or cloud-based AI models, you may be required to enable this mode, which involves storing your health data on our secure, HIPAA-compliant servers and potentially sharing with third-party services. Enabling this mode requires your explicit consent.

• 1.5 SMART Health Cards: The Services allow you to generate verifiable health records as QR codes (SMART Health Cards) for sharing with healthcare providers, travel authorities, or other authorized parties. These cards are cryptographically signed and stored securely.

• 1.6 Security Monitoring: We employ automated systems to monitor for security threats, including:

  • Risk scoring for login attempts and user behavior

  • Detection of suspicious activities and unauthorized access

  • Fraud prevention and account protection measures

  • Comprehensive audit logging for HIPAA compliance

2. Account Registration and Security

You must be at least 18 years of age to create an Almry account. Registration is handled via third-party OAuth providers (Google and Apple). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Almry of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account.

3. Fees, Subscriptions, and Payments

• 3.1 Tiers of Service: Almry offers a free tier of service with access to local AI models (which do not send data to third parties) and a "Premium" subscription tier for a monthly fee, which provides access to more advanced cloud-based AI models that require sending your data to third-party AI providers.

• 3.2 Subscription Fee: The Premium subscription fee ("Subscription Fee") is billed on a monthly, auto-renewing basis to your chosen payment method through the Apple App Store or Google Play Store. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID BEING CHARGED THE SUBSCRIPTION FEE FOR THE NEXT BILLING CYCLE. You may cancel at any time through your device's app store subscription settings. No refunds will be provided for partial subscription periods.

• 3.3 Usage Limits and Tokens: Paid subscriptions, including the Premium Tier, are subject to usage limits. These limits are defined by a number of "tokens" that are consumed when using cloud-based AI models. The Premium Tier includes 1 million tokens per monthly billing cycle. Almry's servers maintain the authoritative balance of your tokens. If you exhaust your token allotment for a billing cycle, your access to the corresponding cloud-based AI features will be suspended until your allotment renews at the start of the next billing cycle. We reserve the right to modify the token allotment for any subscription tier and will provide you with advance notice of any such changes.

• 3.4 Lab Tests: You may purchase lab tests through the Services. Payment for these tests is separate from the Subscription Fee and will be processed at the time of order using a valid credit or debit card.

• 3.5 Fee Changes: We reserve the right to change our Subscription Fees or test prices. We will provide you with advance notice of any fee changes.

4. Use of the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your personal, non-commercial use. You agree not to:

• Use any robot, spider, or other automated process to access or scrape the Services.

• Attempt to probe, scan, or test the vulnerability of our systems or breach any security measures.

• Interfere with or disrupt the Services or servers.

• Use the Services for any illegal or unauthorized purpose.

• Provide any false or misleading information.

• Circumvent any token limitations or other restrictions placed on your account.

• Attempt to reverse engineer or extract data from AI models.

• Use the Services in a way that violates third-party AI providers' terms of service.

The Services are primarily designed for use in the United States. While we may expand to additional jurisdictions in the future, you acknowledge that:

• Data may be transferred to and processed in the United States

• Certain features may be limited based on local regulations

• You are responsible for compliance with local laws regarding health data

5. Service Termination

You may terminate your relationship with Almry at any time by deleting your account through the App. We may suspend or terminate your access to the Services at any time, for any reason, including for a breach of these Terms. If we terminate your Premium subscription for a reason other than your breach, you may be entitled to a pro-rata refund of your last Subscription Fee payment. Upon termination, your account data on our servers will be deleted in accordance with our Privacy Policy. Data stored in Local Storage Mode remains on your device until you delete it. We cannot guarantee deletion of data already processed by third-party AI providers.

6. Consent to Electronic Communications

You agree that Almry may send you communications electronically, including via email, in-app notifications, or by posting notices on our website. These communications may include legal disclosures, updates to these Terms, our Privacy Policy, and other information related to the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Intellectual Property

Almry and its licensors retain all ownership rights, title, and interest (including all intellectual property rights) in and to the Services, including all software, content, and branding. No rights are granted to you other than as expressly set forth in these Terms. AI-generated responses are provided for your personal use only and may not be used commercially.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, OR ERROR-FREE. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF AI-GENERATED RESPONSES. WE ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN BY THIRD-PARTY AI PROVIDERS WITH RESPECT TO YOUR DATA.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALMRY, ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM THESE TERMS OR THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM THIRD-PARTY AI PROVIDERS' PROCESSING OF YOUR DATA.

10. Indemnification

You agree to indemnify, defend, and hold harmless Almry and its affiliates, officers, agents, and employees from any claim, demand, damages, or losses, including reasonable attorneys' fees, arising out of your use of the Services or your violation of these Terms, including any claims related to your decision to share health information with third-party AI providers.

11. Dispute Resolution: Agreement to Arbitrate

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Disputes") will be settled by binding, individual arbitration, except that each party retains the right to bring an individual action in small claims court.

YOU AND ALMRY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be conducted in the county where you reside unless we agree otherwise.

You may opt-out of this arbitration agreement by providing written notice to terms@almry.com within 30 days of first accepting these Terms.

12. General Provisions

These Terms constitute the entire agreement between you and Almry regarding the Services. These Terms will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced.

13. Innovation and Beta Features

We may offer experimental or beta features that:

• Use novel AI models or healthcare technologies

• Are clearly marked as beta or experimental

• May have additional terms or consent requirements

• Could be modified or discontinued at any time

Your participation in beta features is voluntary and at your own risk.

14. Data Insights and Aggregated Information

We may create and use aggregated, de-identified insights from platform data for:

• Healthcare research and public health initiatives

• Industry benchmarking and analytics

• Product development and improvement

• Publication of healthcare trends and insights

Such uses will never identify individual users and will comply with applicable de-identification standards.

15. Partnership and Integration Services

As we expand our Services, we may:

• Integrate with healthcare providers and systems (with your consent)

• Partner with wellness and health technology companies

• Facilitate connections with insurance providers (upon your request)

• Enable participation in research studies (opt-in basis)

Any such integrations will be disclosed and require appropriate consent.

16. Contact Us

If you have any questions about these Terms, please contact us at terms@almry.com.