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Terms of Service

Legal Agreement for Counterforce Health Services

Counterforce Health Terms of Service

Last Updated: July 24, 2025

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").

PLEASE READ THESE TERMS CAREFULLY. THEY FORM A LEGALLY BINDING AGREEMENT.

BY CREATING AN ACCOUNT, ACCESSING OR USING THE SERVICES, OR OTHERWISE MANIFESTING YOUR ASSENT TO THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

BINDING ARBITRATION AND CLASS ACTION WAIVER

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND COUNTERFORCE HEALTH AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.

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:

THE SERVICES AND ANY OUTPUTS GENERATED BY THE SERVICES (INCLUDING DRAFT APPEALS) ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE OR PROVIDE LEGAL, FINANCIAL, OR MEDICAL ADVICE. COUNTERFORCE HEALTH IS NOT A LAW FIRM OR A MEDICAL PROVIDER. YOUR USE OF THE SERVICES DOES NOT CREATE AN ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP. YOU SHOULD CAREFULLY REVIEW YOUR HEALTH INSURANCE POLICY, YOUR EXPLANATION OF BENEFITS (EOB), AND YOUR DENIAL LETTER, AND CONSULT WITH A QUALIFIED ATTORNEY AND/OR YOUR HEALTHCARE PROVIDER BEFORE SUBMITTING ANY APPEAL.

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:

  • •
    Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying AI Models of the Services.
  • •
    Use the Services to develop a competing product or service.
  • •
    Copy, modify, sell, resell, or commercially exploit any portion of the Services or our intellectual property.
  • •
    Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
  • •
    Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.
  • •
    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.
  • •
    Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • •
    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

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COUNTERFORCE HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  • THE INFORMATION OR APPEAL DRAFTS GENERATED BY THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, OR EFFECTIVE.
  • THE OUTCOME OF ANY APPEAL SUBMITTED USING THE SERVICES WILL BE SUCCESSFUL.

YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES AND ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF THE CONTENT GENERATED.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COUNTERFORCE HEALTH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

OUR TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

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:

YOU AND COUNTERFORCE HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

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