Terms of Service

Preview Period & Beta Testing Notice

The Service is currently in a preview and beta testing phase (the “Preview Period”). The Preview Period has no fixed end date and will continue at Prompt Opinion’s sole discretion until we determine the Service is ready for general availability.

Open Access During Preview

Anyone may register for an account and access the Service during the Preview Period at no charge. Free access during the Preview Period does not create any obligation on our part to continue offering the Service for free or at any particular price point. We reserve the right to introduce, modify, or remove features, pricing, or access tiers at any time with or without notice.

PHI Use — By Invitation Only

General use of the Service does not include the ability to upload or transmit real Protected Health Information (PHI). If you wish to use the Service with PHI, you must contact us to receive an invitation and execute a Business Associate Agreement (BAA) with us prior to submitting any PHI.

Beta Nature of the Service

The Service is under active development. You may encounter bugs, errors, downtime, or incomplete features. By registering and using the Service, you acknowledge and accept these limitations. We may reset, modify, or delete accounts, data, or features at any time during the Preview Period without prior notice. Feedback you provide during the Preview Period may be used by us to improve the Service without compensation or obligation to you. Subscription and billing terms described below do not apply during the Preview Period.

Prompt Opinion, Inc. (“Prompt Opinion”) owns and operates this promptopinion.ai, a Web platform business. All references to “we”, “us”, “our”, this “Web platform” or this “platform” shall be construed to mean Prompt Opinion.

These Terms and Conditions constitute a legally binding agreement, which explains the terms and conditions that govern (i) your access and use of this promptopinion.ai Web platform, including AI-generated content or suggestions. Such outputs are assistive only. In addition, you may purchase of services and/or products via this Web platform, and (ii) access to our online and/or mobile services, content, and software accessible via or in connection with this Web platform (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I ACCEPT”, “I AGREE”, OR SIMILAR MARKING, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE GENERAL TERMS (THE “TERMS”), TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY LINKED AT THE BOTTOM OF OUR WEB PLATFORM’S PAGES. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO REGISTER FOR OR OTHERWISE ACCESS THE SERVICE (“USERS”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, WE ARE UNWILLING TO ALLOW YOU TO OPEN AN ACCOUNT AND TO USE THE SERVICES, WHEREUPON YOU SHOULD DISCONTINUE THE REGISTRATION PROCESS.

1. Use of Our Service

1.1 The Service; Termination; No Refunds of Prepaid Fees

Subject to these Terms, you may access and use the Service for your internal business and personal purposes, as permitted by these Terms and the features of the Service. You are NOT granted ownership of any of the Services, related software, or deliverables. We reserve all rights not expressly granted herein in the Service and Our Content. We may terminate your account at any time by email notice to you if you are in material breach of these Terms. If you terminate your account, or if we terminate for cause, there will be no refunds for any prepaid and unused fees.

1.2 Emails

By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

1.3 Acceptable Use

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated “scraping;” (ii) using any automated system to access the Service; (iii) using the Service for autonomous clinical decision-making or emergency/life-support scenarios; (iv) uploading or transmitting PHI unless you have executed a BAA with us; (v) relying on AI-generated outputs as medical advice or as a substitute for licensed clinical judgment; (vi) attempting model extraction, reverse engineering, or performance claims benchmarking in violation of applicable law; and (vii) using the Service to generate or disseminate misleading or non-compliant health-related claims.

1.4 Accessing Audiovisual Content

Accessing any audiovisual content other than Streaming (contemporaneous digital transmission for real-time viewing) is expressly prohibited unless explicitly permitted by the functionality of the Service.

1.5 Clinical Decision Support; No Medical Advice

The Service may include AI-enabled features that assist users by generating draft content, summaries, and suggestions. Such features are designed as clinical-decision-support aids requiring independent review by appropriately licensed clinicians or researchers. The Service does not diagnose, treat, prescribe, or provide autonomous medical advice and is not a substitute for professional judgment.

1.6 No Emergency or High-Risk Use

The Service is not intended for emergency medicine, life support, or real-time patient monitoring.

1.7 HIPAA Status; BAA

To the extent you are a Covered Entity or Business Associate under HIPAA and submit PHI to the Service, we will act as your Business Associate and process PHI in accordance with a written Business Associate Agreement acceptable by us.

1.8 Safeguards; Breach Notice

For PHI processed under a BAA, we implement safeguards consistent with HIPAA’s Security Rule, follow the minimum necessary standard, and will provide breach notifications to you without unreasonable delay as required by HIPAA and the BAA.

1.9 De-Identified Data

We may create and use de-identified information meeting HIPAA de-identification standards for analytics, safety, quality improvement, and product development. We will not attempt to re-identify such data, nor shall we ever sell, lease, or rent such data.

1.10 AI Output Limitations; Verification

AI-generated outputs may be incomplete, inaccurate, or outdated. You agree to verify outputs against up-to-date clinical standards, labeling, evidence, and the specific patient context before relying on them.

1.11 Third-Party Integrations

If you enable integrations (e.g., EHR, SSO, or other third-party services), you are responsible for securing required consents/authorizations and for any third-party terms.

1.12 Advertising & Claims Compliance

You will not use the Service to generate or disseminate misleading health claims.

1.13 Suspension for Legal or Safety Risk

We may suspend access when continued use poses a material legal, privacy, or patient-safety risk.

2. User Content

2.1

Certain data you submit remains confidential and proprietary to you or your organization, including: PHI within Workspaces, non-public patient records, research data, and your organization’s proprietary grounding materials (“Confidential User Data”). We process Confidential User Data only to provide the Service as permitted by our Privacy Policy and any applicable BAA.

All other content you submit or post — including photographs, articles, images, graphics, videos, text, feedback, suggestions, ideas, and questions (collectively “User Content”) — shall be deemed non-confidential and non-proprietary. We do not claim ownership of User Content.

2.2

We have the absolute right to remove and/or delete without notice any User Content within our control that we deem objectionable in our sole discretion.

3. Our Proprietary Rights

3.1 Our Content

Except for your User Content, the Service and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, and all intellectual property rights therein, are our exclusive property and the property of our licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such rights.

3.2 Comments and Feedback

By submitting any feedback or ideas about the Service, you agree that your disclosure is gratuitous and without restriction. We are free to use the feedback without any additional compensation to you.

4. Complaints by California Residents

In accordance with Cal. Civ. Code §1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

5. Privacy

By using the Service you consent to the collection, use, and disclosure of your personal data as set forth in our Privacy Policy.

6. Security

Please refer to our Privacy Policy, specifically the section titled “DATA SECURITY”. We care about the integrity and security of your personal data. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal data for improper purposes.

7. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party platforms, information, materials, products, or services.

If you access a third-party website or service from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such platforms.

8. Your Indemnity

You agree to defend, indemnify and hold us harmless and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content submitted via your account; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your credentials.

9. No Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

THE SERVICE DOES NOT DIAGNOSE, TREAT, PRESCRIBE, OR PROVIDE AUTONOMOUS MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.

Except to the extent liability cannot be limited under applicable law, or to our willful misconduct or breach of the BAA that results in a reportable PHI breach under HIPAA, to the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage resulting from your access to or use of our Service; (iii) unauthorized access to or use of our secure servers; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, or trojan horses transmitted via our Service; (vi) errors or omissions in any content; and/or (vii) the defamatory, offensive, or illegal conduct of any third-party.

11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

11.1 Governing Law

The Service shall be deemed solely based in the state of Missouri. These Terms shall be governed by the internal substantive laws of the State of Missouri without respect to its conflict of laws principles.

11.2 Jurisdiction and Venue

You agree to submit to the personal jurisdiction of the United States District Court and to the state courts located in the state of Missouri for any actions for which we retain the right to seek injunctive or other equitable relief.

11.3 Mandatory Arbitration Provisions

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AGREE TO FIRST CONTACT US AND ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY. IN THE UNLIKELY EVENT THAT WE HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE AFTER SIXTY (60) DAYS, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS BY BINDING ARBITRATION BY JAMS. THE ARBITRATION WILL BE CONDUCTED IN ST LOUIS, MISSOURI, UNLESS YOU AND WE AGREE OTHERWISE.

12. General

12.1 Assignment

These Terms may not be transferred or assigned by you, but may be assigned by us without restriction.

12.2 Notification Procedures and Changes to these Terms

We may provide notifications via email notice, written or hard copy notice, or via posting of such notice on the Service. We may, in our sole discretion, modify or update these Terms from time to time. When we change these Terms in a material manner, we will update the ‘last modified’ date and notify you. Your continued use of the Service after any such change constitutes your acceptance of the new Terms.

12.3 Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service.

12.4 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

12.5 Contact

Prompt Opinion, Inc.
Attn: Admin
100 Chesterfield Business Parkway, Suite 200, Chesterfield, MO 63005
Email: info@promptopinion.ai