Terms of Service

1. Eligibility; Adults Only; Geographic Limitations

1. You must be at least 18 years old to access or use the Service.
2. The Service is intended only for persons located in jurisdictions where the Service and the relevant Provider’s professional services may lawfully be offered.
3. You must provide truthful, accurate, current, and complete information, including your identity and physical location at the time of any interaction that may involve healthcare services.
4. We may verify your age, identity, authority, eligibility, and location, and may deny or suspend access for any reason, including if we cannot verify required information.
5. Individuals under 18 are prohibited from accessing or using the Service. We may suspend or terminate any account associated with a person we reasonably believe is under 18.

2. Nature of the Service; No Practice of Medicine

3. Not for Emergencies; Scope and Service Limitations

1. DO NOT USE THE SERVICE FOR MEDICAL EMERGENCIES. If you think you may have a medical emergency, call 911 immediately or go to the nearest emergency room.

2. The Service is not appropriate for all conditions, symptoms, users, or circumstances.
3. Providers may determine, in their sole professional judgment, that telehealth or the Service is not appropriate and may require in-person care, additional testing, referral, or no treatment.
4. Without limiting any other restrictions, the Service is not offered for: obstetric services; pediatric care; opioids or other controlled substances; pregnancy termination services.
5. We or a Provider may refuse, limit, cancel, reschedule, or discontinue any service, interaction, or user relationship at any time, including for legal, clinical, safety, fraud, operational, licensure, payment, or regulatory reasons.

4. Accounts and Security

1. You may need to create an account to use certain features.
2. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
3. You may not share your login credentials or allow any other person to access the Service using your account.
4. You must promptly notify us of any suspected unauthorized use of your account or any security incident involving your account.
5. We may suspend, restrict, or terminate accounts at any time, with or without notice, for any reason or no reason, including suspected fraud, abuse, policy violations, age restrictions, nonpayment, legal risk, or security concerns.

5. User Responsibilities

You agree that you will:

1. provide truthful, accurate, current, and complete information;
2. comply with these Terms and all applicable laws;
3. provide accurate information about your identity, physical location, symptoms, medications, allergies, history, and other relevant information;
4. follow Provider instructions, disclosures, informed-consent materials, and care plans;
5. use the Service only for lawful, personal, internal, and authorized purposes;
6. maintain a reasonably secure and private environment when using telehealth or messaging features;
7. use compatible equipment, internet access, and software necessary to access the Service;
8. not impersonate another person or misrepresent your identity, licensure, credentials, authority, or location;
9. not record audio, video, screens, chats, or interactions through the Service without all required permissions and consents; and
10. not use the Service if doing so would violate any professional, contractual, ethical, or legal obligation.

6. Prescriptions, Pharmacies, and Clinical Decisions

1. There is no guarantee that any Provider will prescribe any medication, issue any refill, order any test, provide any diagnosis, or offer any treatment.
2. Providers may decline to prescribe or refill medications in their sole professional judgment and in accordance with applicable law, standards of care, and practice policies.
3. The Service does not provide opioids or other controlled substances.
4. You are responsible for selecting and maintaining an appropriate pharmacy and for complying with pharmacy, payer, and applicable legal requirements.
5. Pharmacy fulfillment, stock, substitutions, prior authorizations, denials, formulary restrictions, or delays are outside Eureka’s control.

7. Fees, Billing, Cancellations, and Payment

8. Electronic Communications; Text Messages; Calls

1. You consent to receive electronic communications from us, including emails, portal messages, push notifications, and other electronic notices regarding the Service, your account, appointments, billing, security, legal notices, policy updates, and operational matters.
2. By providing a phone number and, where required, any additional consent requested through the Service, you agree that Eureka, its service providers, and Providers may contact you at that number for transactional, service-related, operational, appointment, billing, support, and account-related purposes, including by text message, autodialed message, or prerecorded message where permitted by law.
3. Promotional or marketing messages will be sent only to the extent permitted by law and any required consent is obtained. Consent to promotional messages is not a condition of receiving care.
4. Message and data rates may apply. Message frequency may vary.
5. You are responsible for keeping your contact information current. We are not responsible for missed messages caused by invalid contact information, device issues, carrier issues, spam filtering, or user settings.

9. Privacy; Medical Records; Data Ownership

10. Acceptable Use Restrictions

You may not, and may not encourage, assist, or permit any other person to:

1. use the Service in violation of law, regulation, professional rule, or these Terms;
2. use the Service for any emergency purpose;
3. allow any minor under 18 to use the Service;
4. reverse engineer, decompile, disassemble, or attempt to derive source code from the Service except to the extent such restriction is prohibited by law;
5. copy, reproduce, distribute, modify, create derivative works from, scrape, frame, mirror, republish, or exploit the Service except as expressly authorized;
6. access the Service by automated means other than ordinary search indexing or authorized integrations;
7. interfere with or disrupt the Service, servers, accounts, or networks;
8. upload malware, malicious code, or harmful content;
9. circumvent security features, authentication measures, rate limits, or account restrictions;
10. use the Service to harass, threaten, defame, stalk, abuse, exploit, or invade the privacy of any person;
11. use the Service to collect or harvest information about others without authorization;
12. use the Service to train, fine-tune, benchmark, or evaluate machine-learning or AI models without our prior written consent; or
13. submit false, misleading, infringing, unlawful, or harmful information or content.

11. Intellectual Property

The Service, including all software, text, graphics, designs, interfaces, workflows, compilations, marks, names, logos, visual elements, and content made available by Eureka, is owned by Eureka or its licensors and is protected by intellectual property and other laws.

Subject to your compliance with these Terms, Eureka grants you a limited, revocable, nonexclusive, nontransferable, non-sublicensable license to access and use the Service solely for your personal, internal, lawful use in connection with the Service. No rights are granted except as expressly stated.

12. Third-Party Services and Content

The Service may rely on or interoperate with third-party products, services, vendors, platforms, content, networks, devices, pharmacies, laboratories, payment processors, telecommunications providers, or websites. Eureka does not control and is not responsible for third-party services or content, including their availability, performance, privacy practices, security, accuracy, or legality. Your use of third-party services may be subject to separate terms.

13. AI-Enabled Features

The Service may include or rely on AI-assisted or automated features for documentation, support, communications, routing, fraud prevention, analytics, quality review, or operational purposes. These features may generate outputs that are probabilistic, incomplete, inaccurate, or inappropriate. AI-assisted outputs are provided for convenience and support purposes only and do not replace professional medical judgment, legal advice, or your independent review.

14. Suspension and Termination

We may suspend, restrict, disable, or terminate the Service or your access to it, in whole or in part, at any time, with or without notice, for any reason or no reason, including clinical unsuitability, legal or regulatory risk, fraud prevention, security concerns, business reasons, technical reasons, content moderation, account inactivity, or violation of these Terms.

Termination or suspension does not relieve you of payment obligations accrued before termination and does not require us to delete information that we are permitted or required to retain.

15. Disclaimers

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. EUREKA AND ITS PRESENT AND FORMER AFFILIATES, SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (THE “EUREKA PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OPPORTUNITY, OR USE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. THE EUREKA PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO PROVIDER CARE, CLINICAL DECISIONS, PRESCRIPTIONS, PROFESSIONAL SERVICES, LICENSURE, MALPRACTICE, INSURANCE COVERAGE, PHARMACY OR LAB ISSUES, THIRD-PARTY CONDUCT, OR YOUR FAILURE TO SEEK APPROPRIATE IN-PERSON OR EMERGENCY CARE.
3. THE TOTAL AGGREGATE LIABILITY OF THE EUREKA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) $100; OR (B) THE AMOUNTS PAID BY YOU DIRECTLY TO EUREKA FOR USE OF THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
4. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS. IN SUCH CASES, THE FOREGOING LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Eureka Parties from and against any and all claims, demands, actions, proceedings, investigations, damages, judgments, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:

1. your access to or use of the Service;
2. your violation of these Terms or applicable law;
3. information or content you submit, upload, transmit, or make available;
4. your interactions or disputes with any Provider, pharmacy, laboratory, payer, or third party;
5. your fraud, negligence, willful misconduct, or misrepresentation; or
6. your infringement, misappropriation, or violation of any right of any person or entity.

We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with that defense.

18. Time Limit to Bring Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

19. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.

20. Governing Law

Except to the extent preempted by the FAA or prohibited by applicable law, these Terms and any Dispute shall be governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

21. Changes to the Service or Terms

We may modify, suspend, discontinue, or update any part of the Service at any time, with or without notice. We may also modify these Terms at any time in our discretion. Updated Terms become effective when posted or on any later effective date stated in the updated Terms. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the updated Terms.

If applicable law requires a different method of notice or consent for a particular change, we will follow applicable law.

22. Miscellaneous

1. Entire Agreement. These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, form the entire agreement between you and Eureka regarding the Service, except that if you are a Provider, practice, or other business user with a separate written agreement with Eureka, that written agreement controls to the extent of any conflict.
2. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.
3. No Waiver. Failure to enforce any provision is not a waiver.
4. Severability. If any provision other than Section 19 is held unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law.
5. No Third-Party Beneficiaries. Except as expressly stated in these Terms, these Terms create no third-party beneficiary rights. Notwithstanding the foregoing, the Eureka Parties and, where applicable, Providers, licensors, service providers, and affiliates are intended beneficiaries of Sections that by their nature benefit them, including Sections 12 through 19.
6. Force Majeure. We are not liable for any delay or failure resulting from causes beyond our reasonable control, including natural disasters, public health events, labor disputes, utility outages, cyberattacks, telecommunications failures, governmental actions, civil disturbances, or service-provider failures.
7. Electronic Signatures and Records. Your electronic acceptance of these Terms has the same force and effect as a handwritten signature.
8. Interpretation. Headings are for convenience only. “Including” means “including without limitation.”

23. Contact Information

Questions about these Terms may be sent to: