Qwery Health Technologies Inc. Terms of Service
1. Agreement to these Terms
These Terms of Service ("Terms") govern your access to and use of the products and services provided by Qwery Health Technologies Inc. ("Qwery," "we," "our," or "us") (collectively, the "Services").
By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Our Privacy Policy describes how we collect, use, store, share, and delete information, and is incorporated into these Terms by reference. Where these Terms and the Privacy Policy address the same subject, the Privacy Policy governs as to our data practices.
Please read Section 9 (Health and Safety) carefully. It describes important limits on what the Services can do, including that we do not monitor your health data and will not alert you to abnormal or urgent results.
2. Who provides the Services
The Services are provided by Qwery Health Technologies Inc., a Delaware corporation. Your agreement is with Qwery Health Technologies Inc. In these Terms, "Qwery," "we," "us," and "our" include its affiliates, and its employees, contractors, and agents acting on its behalf.
The Services are intended for users located in the United States unless we expressly authorize otherwise.
3. Eligibility and your account
You must be at least 18 years old to create a Qwery account.
You are responsible for maintaining the confidentiality of your account credentials and for activity that occurs under your account. Notify us promptly at [email protected] if you believe your account has been accessed without your authorization.
4. Profiles, and health data about other people
This section is central to how Qwery works. Read it before you add anyone else's information.
4.1 Profiles
A Qwery account may contain one or more profiles. Each profile holds the health information of one person. You may create a profile for yourself and profiles for other people whose health information you manage.
You are the account holder for every profile in your account. You control what is added to each profile, and you can delete a profile and its data at any time.
4.2 Your authority to add another person's information
When you add, import, connect, or upload health information about anyone other than yourself, you represent and warrant that you have the legal right and authority to do so, and to have Qwery process that information as described in the Privacy Policy on your instruction.
We rely on that representation. We do not independently verify your relationship to the people whose information you add, and we do not contact them.
4.3 Children under 18
If you create a profile for a child under 18, you represent that you are that child's parent or legal guardian, and you consent on the child's behalf to our processing of their health information as described in the Privacy Policy.
Children under 18 may not create or hold their own Qwery account. A minor's information may be present in the Services only within a profile managed by their parent or legal guardian.
4.4 Adults you assist
If you create a profile for another adult, such as a parent or a spouse, you represent that at least one of the following is true:
- that person has given you permission to obtain, store, and use their health information through Qwery; or
- you hold a power of attorney, healthcare proxy, guardianship, or comparable legal authority covering that person's health information; or
- you are otherwise legally authorized to act for that person with respect to their health information.
You are responsible for telling that person that their health information is in your Qwery account, if they are able to understand it.
4.5 How information about other people arrives
Most information reaches Qwery because you sign in to a healthcare provider's or health plan's portal and authorize the transfer. When you authenticate to a source system, you are representing to that source system, and to us, that you are authorized to obtain the records you request. You are responsible for using only credentials you are permitted to use. Some providers prohibit sharing credentials or accessing their systems through third-party software; those providers' terms are between you and them.
4.6 Ending your management of a profile
You may delete any profile and its associated data at any time from within the Services. Deleting a profile does not delete records held by the original healthcare provider or health plan, and does not affect any separate Qwery account held by that person.
5. Your content
5.1 Ownership
You retain ownership of the content, data, records, and materials you upload, import, connect, or otherwise provide to the Services ("Your Content"). Except for the limited rights granted below, we claim no ownership of Your Content.
5.2 The license you grant us
You grant Qwery a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, index, analyze, and display Your Content for the purpose of operating, maintaining, securing, supporting, and improving the Services and providing them to you.
This license exists so that we can run the product. It ends when the relevant content is deleted from the Services, except as described in Section 5.4.
5.3 We do not sell your identifiable information
Qwery does not sell your identifiable personal information or your identifiable health information. How we handle de-identified and aggregated information is described in the Privacy Policy.
5.4 De-identified data, and what survives deletion
As described in the Privacy Policy, we may create de-identified and aggregated data from information in the Services, and may use and commercialize that data. We own the models, analytics, datasets, and other works derived from de-identified or aggregated data.
These rights, and any de-identified or aggregated data created before your deletion request, survive termination of your account and deletion of Your Content. Once data has been de-identified in accordance with the standard described in the Privacy Policy, it can no longer be located and linked back to you, and we cannot retrieve or delete it. The Privacy Policy explains the standard we apply and, where applicable, the consent that governs this use.
6. Connecting healthcare providers, health plans, and other sources
You may connect third-party systems, such as patient portals and health plans, so that Qwery can retrieve records on your behalf.
You represent that you are authorized to connect each source and to obtain the records it provides. We do not control what a source transmits, and we do not guarantee that records retrieved are accurate, complete, current, or lawfully provided. See Section 9.3.
If credential-based access methods are ever used, we will make reasonable efforts to minimize credential storage and exposure.
The Privacy Policy describes what we do with retrieved records.
7. Connecting Qwery to an AI client
You may authorize an external AI client, such as Claude or ChatGPT, to access your Qwery data through our connector.
Read this before you connect one. An authorization you grant covers your entire account, including every profile in it. If your account contains profiles for your children or your parents, the AI client you connect will be able to retrieve their health information as well as your own. There is currently no way to grant access to some profiles but not others.
Once information is delivered to an AI client, it is handled under that provider's terms and privacy policy, not ours. We do not control how it is stored, retained, logged, or used by the client. The Privacy Policy describes precisely what information leaves Qwery through this connector.
You may revoke an authorization at any time by disconnecting Qwery from within the AI client, or by contacting us at [email protected]. Deleting your Qwery account also revokes every authorization.
Access tokens issued to an AI client are short-lived and refresh automatically for up to 30 days of continued use. If a client goes unused for longer than that, its access lapses and you will need to reconnect.
8. AI-assisted features
The Services use artificial intelligence, including models operated by third-party providers, to organize, summarize, extract, and answer questions about your health information. The Privacy Policy describes which providers receive what.
AI-generated output may be wrong. It may be inaccurate, incomplete, internally inconsistent, out of date, or inappropriate for your situation. It may misread a value, omit a relevant record, or state something with confidence that is not correct. We do not guarantee the accuracy, completeness, or reliability of any output, and we do not control the behavior of third-party AI systems.
You are responsible for verifying anything you intend to rely on. See Section 9.
We may change AI providers, models, or techniques at any time.
9. Health and safety
9.1 Qwery is not a healthcare provider
Qwery is not a healthcare provider, does not practice medicine, and does not provide medical diagnosis, treatment, or clinical decision-making. Using the Services does not create a provider-patient relationship and is not a substitute for consultation with a qualified healthcare professional.
The Services are intended to help you organize, read, and understand your health information, and to help you have better conversations with your clinicians. They are not intended to tell you what to do.
9.2 Do not use Qwery in an emergency
If you believe you are experiencing a medical emergency, call 911 or your local emergency number, or go to the nearest emergency department. Do not use the Services to seek help in an emergency, and do not delay seeking care because of anything the Services show you or fail to show you.
9.3 We do not monitor your data
No one at Qwery reviews your health information, and the Services do not monitor it on your behalf. We do not check your results, we do not evaluate whether anything in your records is abnormal or urgent, and we will not contact you or alert you if something in your data warrants attention. The absence of any warning, flag, or notification from Qwery means nothing about your health.
9.4 Your Qwery record may be incomplete
The information in Qwery is a copy, and it is not your official medical record. It may be incomplete or out of date. Records may fail to import, a source connection may stop working without visible warning, a provider may not make certain records available, and a document may be read incorrectly during processing.
If a medication, allergy, condition, result, or immunization does not appear in Qwery, that does not mean it does not exist. Do not treat what you see in Qwery as a complete or authoritative account of your health, and do not use it as the sole basis for any decision. Corrections to your medical record must be made with the provider that holds it; changing something in Qwery does not change your provider's records.
9.5 You decide
You remain solely responsible for all health, medical, and treatment decisions for yourself and for anyone whose profile you manage, including the decision to seek, delay, or forgo care, and including verification of any information the Services provide.
10. Acceptable use
You agree to use the Services in compliance with applicable law. You may not:
- misuse, interfere with, or disrupt the Services, or attempt to access them in unauthorized ways;
- introduce malicious code or attempt to circumvent security or access controls;
- attempt to access data belonging to another account, or to any person you are not authorized to act for;
- reverse engineer, extract, or attempt to replicate the models, algorithms, or underlying systems of the Services;
- use the Services to provide clinical care to others, or to make clinical determinations about patients, other than managing profiles as permitted in Section 4;
- use the Services in violation of export control, sanctions, or other applicable law.
11. Intellectual property
All rights, title, and interest in the Services, including software, technology, models, interfaces, workflows, content, and documentation, remain with Qwery or its licensors. You receive a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services. No other rights are granted.
12. Feedback
If you send us feedback, suggestions, or ideas about the Services, we may use them without restriction, attribution, or compensation. This does not give us any rights in your health information.
13. Communications
We may send you communications about your account and the Services, including security notices, service and billing notices, and operational notices. Where we offer optional communications, you may manage them in your account settings. We send marketing communications only where permitted by law and, where required, only with your consent.
Communications from us are never clinical. See Section 9.3.
14. Changes to the Services
We may modify, add, suspend, or discontinue features of the Services. Where a change will materially affect your use of the Services, we will make reasonable efforts to notify you in advance. If we discontinue the Services entirely, we will provide notice and a reasonable opportunity to export your data, as described in the Privacy Policy.
15. Term, suspension, termination, and deletion
These Terms apply while you have an account.
You may delete your account at any time from within the Services. When you do, your data is immediately removed from the live Services and held in an encrypted archive for 30 days, during which it can be restored if the deletion was a mistake. After 30 days it is permanently purged and the encryption key protecting it is destroyed. The Privacy Policy describes exactly what is deleted, what is retained, and for how long.
We may suspend or terminate your access if you materially violate these Terms, or if we reasonably believe your use presents a legal, security, or operational risk. Except where immediate action is necessary, we will give you notice and, where practicable, an opportunity to cure and to export your data.
Sections 5.3, 5.4, 8, 9, 11, 12, 16, 17, 18, and 19 survive termination.
16. Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, QWERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
QWERY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT RECORDS WILL BE RETRIEVED COMPLETELY OR ON TIME, OR THAT ANY INFORMATION OR OUTPUT PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QWERY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QWERY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID QWERY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, gross negligence, or willful misconduct. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
18. Indemnification
You agree to indemnify and hold harmless Qwery and its officers, directors, employees, contractors, and affiliates from claims, damages, and costs (including reasonable attorneys' fees) arising from your use of the Services in violation of these Terms or applicable law, or from a breach of your representations in Section 4 or Section 6 regarding your authority over another person's information.
19. Disputes and governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. This choice of law does not deprive you of the protection of mandatory consumer protection provisions of the law of the state where you reside.
Any action arising out of these Terms or the Services must be brought in the state or federal courts located in Delaware, except that either party may bring an individual action in small claims court.
20. Changes to these Terms
We may update these Terms.
- For ordinary changes, we will post the updated Terms with a new version date and notify you through the Services or by email. Your continued use after the effective date constitutes acceptance.
- For material changes, including any material expansion of how we use or share health information and any change to Section 19, we will obtain your affirmative acceptance before the change applies to you, and will not apply the change to you until you accept.
21. General
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, financing, or sale of assets, subject to the commitments in the Privacy Policy.
Severability. If a provision is held unenforceable, the remainder stays in effect.
No waiver. Our failure to enforce a provision is not a waiver of it.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Qwery regarding the Services and supersede prior agreements on that subject. Organizations accessing the Services under a separate written subscription agreement are governed by that agreement where it conflicts with these Terms.
22. Contact
Qwery Health Technologies Inc.
General: [email protected]
Privacy: [email protected]
Security and vulnerability reports: [email protected]