Terms of Use
Effective Date: September 5, 2026
These Terms of Use ("Terms") govern access to and use of the websites, software, applications, integrations, AI tools, and related services provided by Top Health AI LLC ("Top Health AI," "we," "us," or "our").
By accessing or using our services, you agree to these Terms. If you use the services on behalf of an organization, you represent that you have authority to bind that organization.
1. Our Services
Top Health AI provides AI-powered software and workflow automation for healthcare organizations. Depending on your configuration, services may include call handling, scheduling, messaging, administrative automation, EHR integrations, and related workflows.
Top Health AI provides technology, not healthcare services.
2. No Medical Advice or Emergency Services
Top Health AI is not a healthcare provider, medical practice, telemedicine provider, nurse triage service, or emergency response service.
Our services do not provide medical diagnosis, treatment recommendations, clinical decision-making, medical triage, medication advice, or emergency care.
Do not use Top Health AI for medical emergencies. If you are experiencing a medical emergency, call 911 or seek immediate emergency care.
Healthcare organizations and their providers remain responsible for patient care, clinical decisions, escalation procedures, appointment appropriateness, and communications with their patients.
3. AI Limitations
Our services may use artificial intelligence, speech recognition, transcription, and other automated technologies.
AI systems can make mistakes. Outputs may be inaccurate, incomplete, delayed, or misunderstood, and voice performance may be affected by factors such as accents, background noise, call quality, or incomplete information.
We do not guarantee perfect accuracy, uninterrupted availability, or error-free results.
Clients are responsible for establishing appropriate review, oversight, and escalation procedures. AI-generated information must not be treated as independent clinical judgment.
4. Client Responsibilities
Clients are responsible for the information, rules, and workflows they provide or approve, including scheduling rules, provider availability, routing, messages, escalation procedures, after-hours protocols, and other practice-specific configurations.
Clients must review their configuration before deployment and promptly notify Top Health AI of required changes.
Clients are also responsible for ensuring that their use of the services complies with applicable laws and that they have necessary permissions and consents for information and communications processed through the services.
5. Calls, Text Messages, and Recordings
Our services may facilitate telephone calls, AI voice interactions, text messages, emails, recordings, transcriptions, and automated communications.
Clients are responsible for providing legally required notices and obtaining legally required permissions or consents, including those related to communications and call recording.
Carrier, telecommunications, and messaging limitations may affect delivery or availability.
6. HIPAA and Privacy
When Top Health AI processes Protected Health Information ("PHI") on behalf of a healthcare organization as a Business Associate, that processing is governed by HIPAA and the applicable Business Associate Agreement ("BAA").
Use of our public website alone does not create a BAA or Business Associate relationship.
Our handling of other personal information is described in our Privacy Policy.
7. Third-Party Systems and Integrations
Our services may integrate with or depend on EHRs, practice-management systems, telecommunications providers, cloud infrastructure, APIs, payment processors, and other third-party services.
Top Health AI does not control these third-party services and cannot guarantee their continued availability, performance, pricing, or functionality.
Functionality may be affected if a third-party provider changes, restricts, interrupts, or discontinues its services or access.
8. Accounts and Acceptable Use
You are responsible for safeguarding account credentials and activity performed through your authorized accounts.
You may not use the services to violate law, commit fraud, send unauthorized communications, interfere with or gain unauthorized access to systems, introduce malicious code, reverse engineer our software, circumvent safeguards, or otherwise misuse the services.
We may suspend or terminate access where reasonably necessary to address security, nonpayment, unlawful activity, misuse, or material violations of these Terms.
9. Fees and Payment
Fees and payment terms are governed by the applicable subscription, order, invoice, statement of work, or other commercial agreement.
Unless otherwise agreed in writing, fees paid are non-refundable and recurring services continue for the applicable subscription period.
10. Intellectual Property and Client Data
Top Health AI retains all rights in its software, technology, workflows, interfaces, documentation, trademarks, designs, and other intellectual property.
Clients retain ownership of data they provide to Top Health AI.
Clients grant Top Health AI the rights reasonably necessary to process Client Data to provide, maintain, secure, and support the services and as otherwise permitted by applicable agreements and law.
Clients represent that they have the legal right to provide Client Data to Top Health AI.
11. Confidentiality
Each party will protect non-public confidential information received from the other and use it only for authorized purposes.
These obligations do not apply to information that is publicly available through no breach, already lawfully known, independently developed, lawfully obtained from another source, or required to be disclosed by law.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
Top Health AI does not warrant that the services will always be uninterrupted, error-free, accurate, secure, or available, or that third-party integrations will remain available.
Descriptions of capabilities on our website are general descriptions and do not guarantee that every capability will be available in every deployment.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOP HEALTH AI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, MISSED APPOINTMENTS, FAILED COMMUNICATIONS, OR DAMAGES ARISING FROM THIRD-PARTY SYSTEM FAILURES.
To the maximum extent permitted by law, Top Health AI's aggregate liability arising from the services will not exceed the amount the client paid Top Health AI during the twelve months preceding the event giving rise to the claim.
Where no fees were paid, aggregate liability will not exceed $1,000.
14. Indemnification
To the extent permitted by law, clients agree to defend, indemnify, and hold harmless Top Health AI and its officers, employees, contractors, and agents from third-party claims arising from the client's unlawful use of the services, violation of these Terms, failure to obtain required permissions or consents, client-provided information or workflows, or violation of applicable law.
15. Changes and Termination
We may modify or discontinue features as our services and third-party integrations evolve.
Either party may terminate services as permitted by the applicable commercial agreement. Termination does not eliminate payment or other obligations incurred before termination.
We may update these Terms periodically. Updated Terms will be posted with a revised effective date.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Before initiating formal proceedings, the parties will attempt in good faith to resolve disputes directly.
Except where prohibited by law, unresolved disputes arising from these Terms or the services will be resolved by binding individual arbitration in Florida. Each party waives the right to a jury trial and to participate in a class or representative action.
Either party may seek appropriate injunctive relief relating to intellectual property, confidentiality, security, or unauthorized access.
17. General Terms
If any provision of these Terms is unenforceable, the remaining provisions remain effective.
Failure to enforce a provision is not a waiver.
These Terms, our Privacy Policy, and applicable written commercial agreements constitute the agreement governing use of the services. If an executed commercial agreement conflicts with these Terms, the executed commercial agreement controls.
18. Contact
Top Health AI LLC
Email: admin@tophealth.ai