Effective Date: March 28, 2024

Welcome! We are Parakeet Health, Inc. (“Parakeet” or “We”), a generative Artificial Intelligence platform designed to facilitate the effective delivery of healthcare services. These Terms of Service (“Terms”) govern use of our website (the “Site”).

By accessing our Site, you agree to these Terms, including our Policies. If you disagree with these Terms, you may not  use our Site.

Parakeet reserves the right, in its sole discretion, to modify these Terms at any time with or  without notice.

Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you. 

If you have questions about these Terms or our Privacy Policy, please contact us at legal@parakeethealth.com

Access

You must be at least 18 years of age to use our Site. If you are accepting these Terms on behalf of someone else (such as another person or entity), you represent that you are authorized to do so, and in that case the words “you” or “your” in these Terms include both you and that other person or entity. 

Use of our Site

Our Site and Content. Parakeet’s Site, any related content, and the “look and feel” of Parakeet’s Site, are the property of Parakeet and may not be copied or redistributed in any way or otherwise used except as expressly provided in these Terms without advance written permission from us. We reserve the right, in our sole discretion, to change or discontinue any aspect of this Site and/or Content at any time with or without notice. 

Permitted Uses. You may access and use our Site only in compliance with these Terms, our Privacy Policy and Acceptable Use Policy, and any applicable laws and regulations.

Use of Third Party Services. Parakeet’s Site may at times link to, reference, or otherwise interact with a wide variety of third-party websites, products, or services (collectively, “Third Party Services”) for the convenience of our users. Parakeet makes no endorsements, representations, warranties, judgments, or commitments of any kind as to, and assumes no liability for, the content of any information or material found in any Third Party Services (“Third Party Content”). Your use of any Third Party Services is entirely at your own risk and is subject to the terms, conditions and policies, associated therewith, which Parakeet is not responsible for. Parakeet has no control over Third Party Content, including any statements or opinions expressed therein, and has no duty to and does not pre-screen, monitor, or edit the content of any Third Party Content. You acknowledge that Parakeet is not responsible for any Third Party Content, and that you will not hold Parakeet liable for any claims arising from Third Party Content. Parakeet reserves the right to disable access to Third Party Content at any time in its sole discretion with or without notice. 

Communications

By accessing or otherwise using our Site, you agree that communications and transactions between you and Parakeet may be conducted electronically, including through use of your Account information, and that such communication will satisfy the requirements for legal notices. 

We welcome feedback from our users, including ideas and suggestions for improving our Site. You have no obligation to give us feedback, but if you do, you agree that we may use the feedback without any limitations or restrictions, and without any compensation to you. 

Disclaimer of Warranties

You use Parakeet’s Site at your own risk. Our Site is provided “as is” without warranties of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not represent or warrant that our Services, or any Third Party Services, will be accurate or error free, complete or reliable, suitable or compatible, available or uninterrupted, private or secure, not lost or altered, free from viruses or other malicious software, or that any defects will be corrected. 

Indemnity

You acknowledge, accept and agree to indemnify, defend and hold harmless to the fullest extent permitted by law Parakeet and the other Parakeet Parties from and against all liabilities, claims, demands, damages, expenses (including attorney’s fees and costs), and other losses (collectively, “Claims”) arising out of or related to your breach or alleged breach of these Terms, your access to, use of, or alleged use of our Site or Content, your violation of any law, regulation, or rights of third parties, or any actual or alleged fraud, intentional misconduct, gross negligence including through your employees and agents.

Limitation of Liability

Neither Parakeet nor any of our affiliates, investors, directors, officers, employees, agents, successors or assigns, or licensors (collectively, the “Parakeet Parties”) will be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, or other damages arising out of or in any way related to Parakeet’s Site, Content, or these Terms, whether based in contract, tort (including negligence), strict liability, or other theory, even if any Parakeet Parties have been advised of the possibility of damages, and even if the damages are foreseeable, including damages for lost profits, goodwill, use, or data, or for business interruption or other intangible losses. The Parakeet Parties’ total aggregate liability to you under these Terms will not exceed the amount you paid to us for access or use of our Services (if any) giving rise to the claim during the twelve (12) months before the liability arose OR one hundred dollars ($100), whichever is greater.

The limitations in this section apply to the maximum extent permitted by applicable law. In countries where the above disclaimers or limitations of liability are not allowed, in which case they may not apply to you, our responsibilities under these Terms would be limited to the maximum extent permissible in the applicable jurisdiction.

General Terms

Entire Agreement. These Terms contain the entire agreement between you and Parakeet regarding our Site and and supersedes any prior or contemporaneous agreements between you and Parakeet.

Assignment. You may not assign or transfer any rights, responsibilities or obligations under these Terms and any attempt to do so will be void. We may assign our rights, responsibilities and/or obligations under these Terms to any affiliate or successor in interest.

Enforcement & Severability. Any delay or failure to enforce any provision or clause of these Terms does not constitute a waiver of our right to do so later. Except as provided elsewhere in these Terms, if any portion of these Terms is determined to be invalid or unenforceable, that portion, and only that portion, will remain enforceable only to the maximum extent permissible without affecting the enforceability of any other terms. 

Choice of Law & Jurisdiction.  Any dispute that arises between you and Parakeet under these Terms will be governed by California law except for its conflict of law principles and shall be resolved exclusively in the state or federal courts located in San Francisco County, California.