Terms of Service

These Terms of Service ("Terms") are entered into by and between you and Counterforce Health, Inc., doing business as Counterforce Health ("Counterforce Health," "we," "our," or "us"). These Terms govern your access to and use of the Counterforce Health mobile application (the "App"), our website located at counterforcehealth.org (the "Website"), and any content, functionality, or services offered on or through the App or Website (collectively, the "Services").

1. The Services and Critical Disclaimers

a. What We Provide

Counterforce Health provides an AI-powered tool to help users draft appeals for denied health insurance claims. Our Services use artificial intelligence to analyze the information you provide and generate draft appeal letters and supporting arguments.

b. AI-Generated Content and Data Usage

The appeal drafts and other outputs provided by the Services are created using proprietary machine learning and artificial intelligence technologies ("AI Models"). When you use our Services, you provide inputs, upload files, and give feedback ("User Content"). We use this User Content to provide the Services to you.

You grant Counterforce Health a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, anonymize, aggregate, and create derivative works of your User Content for the purposes of providing, maintaining, developing, and improving our Services and our AI Models.

c. Your Responsibility to Redact Information

It is your sole responsibility to remove or redact all personal and protected health information that directly identifies you or any third party before submitting it to the Services. This includes, but is not limited to, names, addresses, social security numbers, dates of birth, policy numbers, member ID numbers, and any other unique identifiers (collectively, "Identifiers"). While we may employ automated tools to detect and remove Identifiers, we make no guarantee of their effectiveness. Any submission of Identifiers is at your own risk. For more information on how we handle data, please review our Privacy Policy.

d. Not Legal or Medical Advice

2. Eligibility and Account Security

a. Eligibility

You must be at least eighteen (18) years of age to use the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us.

b. Acting on Behalf of Others

If you are using the Services to create an appeal on behalf of another person (such as a child, parent, or client), you represent and warrant that you have the full legal authority to act on their behalf, to provide their information to the Services, and to agree to these Terms on their behalf.

c. Account Registration

To use the Services, you must register for an account. You agree to: (i) provide accurate, current, and complete information; (ii) maintain and promptly update your account information; (iii) maintain the security of your password and accept all risks of unauthorized access to your account; and (iv) immediately notify us if you discover or suspect any security breaches related to the Services or your account.

3. Use of the Services

a. Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, non-commercial use.

b. Restrictions on Use

You agree not to:

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  Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying AI Models of the Services.
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  Use the Services to develop a competing product or service.
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  Copy, modify, sell, resell, or commercially exploit any portion of the Services or our intellectual property.
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  Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
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  Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.
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  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
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  Impersonate any person or entity or misrepresent your affiliation with any person or entity.
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  Submit any User Content that is unlawful, defamatory, obscene, harassing, or that infringes on any third party's rights, including intellectual property, privacy, or publicity rights.

4. Intellectual Property

a. Our Intellectual Property

The Services, our AI Models, our databases, and all related software, content, trademarks, and other intellectual property (collectively, "Counterforce Health IP") are the exclusive property of Counterforce Health and its licensors. Except for the limited license granted in Section 3(a), these Terms do not grant you any rights in or to the Counterforce Health IP.

b. User Content

You retain ownership of your User Content. However, by submitting User Content to the Services, you grant us the license described in Section 1(b) to use it for providing and improving the Services. You represent and warrant that you have all necessary rights to grant us this license.

c. Feedback

We welcome any feedback, comments, or suggestions you may have about our Services ("Feedback"). By submitting Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation or compensation to you.

5. Fees and Payment

While our Services are currently completely free, Counterforce Health reserves the right to introduce fees for certain features of the Services. Any applicable fees will be clearly communicated to you before you incur any charges. All payments are non-refundable, except as required by law. We may use a third-party payment processor to handle payments, and your use of such services will be subject to their terms and conditions.

6. Disclaimer of Warranties

7. Limitation of Liability

8. Indemnification

You agree to defend, indemnify, and hold harmless Counterforce Health, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services' content other than as expressly authorized in these Terms.

9. Dispute Resolution, Governing Law, and Arbitration

a. Governing Law

These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision.

b. Arbitration

You and Counterforce Health agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding, individual arbitration and not in a court of law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.

c. Class Action Waiver

d. Venue

The arbitration will be conducted in Wilmington, Delaware unless you and Counterforce Health agree otherwise.

10. Mobile Messaging (SMS/Text)

By providing your mobile phone number, you consent to receive SMS/text messages from us for service-related purposes, such as account alerts and status updates on your appeals. You understand that message and data rates may apply. You can opt-out of receiving these messages at any time by replying "STOP" to any message. For help, reply "HELP".

11. Termination

We may terminate or suspend your account and access to the Services at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. You may terminate your account at any time by discontinuing use of the Services or contacting us at appeals@counterforcehealth.org. Upon termination, your right to use the Services will immediately cease.

12. Miscellaneous

a. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Counterforce Health regarding the Services and supersede all prior and contemporaneous understandings.

b. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

c. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

d. Contact Us

If you have any questions about these Terms, please contact us at appeals@counterforcehealth.org