1. Nature of the Platform

Beim Health operates as a membership-based platform that provides access to AI-powered assistants and a marketplace of curated products and services. Many of these products and services are clinician-vetted to help ensure safety and quality. Membership may be free or paid, and members may receive access to discounted prices on certain products or services. Beim Health is not a medical provider and does not itself deliver healthcare services.

2. No Medical Advice

Our AI assistants and chatbots are for informational and educational purposes only. The content they provide does not constitute medical advice, diagnosis, or treatment. Always consult a licensed healthcare provider for medical advice and decisions.

3. Not HIPAA-Compliant

Our chatbots and AI assistants are not HIPAA compliant. Do not share personal health information (PHI) or sensitive data through these tools. Any information you provide is submitted at your own risk.

4. Marketplace and Provider Network

Beim Health facilitates access to products and services but does not itself provide them. Some products and services may require a physician order. These orders may be included in the purchase, or provided separately by an independent licensed physician. Such medical services are offered through independent providers within the Freely Health Network, not by Beim Health. Beim Health does not supervise or control these providers, and their services remain their sole responsibility. Information about the ordering provider will be made available when required.

5. Membership Terms

By joining Beim Health, you become part of a private membership community. Membership may include free or paid tiers, with benefits such as access to discounted pricing on select products and services.

Modification of Benefits: Beim Health reserves the right to modify or discontinue membership benefits with 30 days' advance notice to affected members. If modifications substantially reduce benefits for paid members, affected members may cancel and receive a pro-rated refund for the remaining term.

6. Limitation of Liability

Scope of Limitation: To the extent permitted by law, Beim Health's liability for damages arising from the use of our platform is limited as follows:

• Platform and Technical Issues: We are not liable for temporary service interruptions, technical errors, or AI-generated information inaccuracies, provided we have exercised reasonable care in maintaining our systems.
• Third-Party Providers: We are not liable for the acts, omissions, negligence, or malpractice of independent healthcare providers within the Freely Health Network.
• User Decisions: We are not liable for health outcomes resulting from your personal decisions to use or not use products or services, provided we have accurately represented those products or services.

Damages Cap: Where liability applies, our total liability shall not exceed the greater of (a) $1,000 or (b) the amount you paid to Beim Health in the 12 months preceding the claim, except where such caps are prohibited by law or in cases of gross negligence or willful misconduct.

7. User Responsibilities

By using our services, you agree that you are solely responsible for your health-related decisions. You will not rely on AI assistants or chatbots as substitutes for medical care. You will confirm with a licensed provider whether any product, service, or treatment is appropriate for you. You will comply with all applicable laws in connection with your use of products and services.

8. Product and Service Warranties

Platform Services: Our platform, AI assistants, and informational content are provided "as is" without warranties regarding accuracy, completeness, or fitness for any particular purpose.

Third-Party Products and Services: Products and services offered through our marketplace are subject to the warranties provided by their respective manufacturers, sellers, or service providers. Beim Health will facilitate communication with these third parties regarding warranty claims.

Clinician Vetting: While we indicate that certain products and services are "clinician-vetted," this represents our good-faith effort to ensure quality and does not constitute a guarantee of safety, efficacy, or suitability for your individual needs.

Defective Products: If you receive a defective product purchased through our platform, please contact us within 30 days. We will work with the seller to facilitate a replacement, repair, or refund as appropriate.

9. Indemnification

You agree to indemnify and hold harmless Beim Health against claims arising from:

• Your violation of these Terms
• Your violation of applicable laws or regulations
• Your infringement of any third-party rights
• Your intentional misuse of the platform

We will provide you with prompt notice of any claim subject to indemnification and will cooperate reasonably in the defense. You will have the right to participate in your defense with counsel of your choice at your expense.

10. Privacy and Data Protection

Data Collection: We collect information you provide during registration, platform use, and purchases, including name, email, payment information, and any voluntarily shared health-related information.

Data Use: Your data is used to:

• Provide and improve our services
• Process transactions and communicate with you
• Personalize your experience
• Train and improve our AI systems (in aggregated, de-identified form only)

Data Sharing: We share your data only as follows:

• With healthcare providers you choose to consult through our platform (only information necessary for service delivery)
• With payment processors and service providers under confidentiality agreements
• When required by law or to protect rights and safety
• In aggregated, de-identified form for research or analytics

Data Retention: We retain your personal data for as long as your account is active, plus 7 years thereafter to comply with legal obligations. Health-related information you voluntarily share through AI interactions is retained for 90 days unless you request earlier deletion.

Data Security: We implement industry-standard security measures including encryption, access controls, and regular security audits. However, no system is completely secure, and we cannot guarantee absolute security.

11. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us at support@beimcares.com to attempt to resolve the matter informally. We will respond within 30 days.

Dispute Resolution Options: If informal resolution is unsuccessful, you may choose either:

Option A - Arbitration:

• Binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• Arbitration may be conducted in-person in your county of residence, by telephone, or by written submission as you prefer
• Each party bears their own costs, except Beim Health will pay all AAA filing and administrative fees for claims under $10,000
• The arbitrator may award the same remedies available in court
• Either party may bring a claim in small claims court instead of arbitration if the claim qualifies

Option B - Court:

• For claims over $50,000, you may opt out of arbitration within 60 days of accepting these Terms by sending written notice to the address below
• Such claims may be brought in state or federal court in Travis County, Texas, or in the courts of your jurisdiction if allowed by law

Class Action Waiver: You and Beim Health agree that disputes will be resolved on an individual basis only. You may not bring claims as a plaintiff or class member in any class, consolidated, or representative action. This waiver does not apply if prohibited by the law of your jurisdiction.

12. Modifications to Terms

Notice of Changes: We may update these Terms periodically. When we make material changes, we will:

• Notify you by email at least 30 days before the changes take effect
• Post a notice on our platform with a clear summary of changes
• Update the "Effective Date" at the top of this document

Non-Material Changes: Minor updates (such as contact information, clarifications, or formatting changes) may be made without advance notice.

13. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Beim Health regarding use of our services.