Well — Terms of Service

Effective date: June 24, 2026

These Terms of Service ("Terms") are a legal agreement between you and BairWise, LLC ("BairWise," "Well," "we," "us," or "our") governing your use of the Well mobile application (iOS and Android) and web portal, together with all related features and services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.

1. What Well is

Well is a consumer-facing health application that helps you securely gather your health information from your providers and health networks, view and organize it, share a summary with your care team, and interact with an AI assistant that provides educational and informational guidance. Well is a tool to help you manage and share your health information. Well is not a healthcare provider, does not practice medicine, and does not provide medical care.

‍ ‍

2. Not medical advice

The Service — including any content generated by the AI assistant — is provided for informational and educational purposes only and is not medical advice. Using the Service does not create a physician–patient or other treatment relationship. Always seek the advice of a qualified health professional with any questions about a medical condition, and never disregard or delay seeking professional advice because of something you read or received through the Service.

In an emergency, call 911 or go to the nearest emergency room. Do not use the Service for emergencies.

‍ ‍

3. The AI assistant

The AI assistant helps summarize your information and offers personalized education and guidance. AI-generated responses are clearly labeled as AI-generated, may be incomplete or inaccurate, and are not a substitute for professional medical judgment. The assistant does not make automated decisions that produce legal or similarly significant effects about you; final decisions about your care rest with you and your clinicians. You are responsible for how you use information the assistant provides.

‍ ‍

4. Eligibility and accounts

The Service is intended for adults. You must be 18 or older to create your own account, and you agree to provide accurate registration information and to keep it current. Consistent with the Children's Online Privacy Protection Act (COPPA), individuals under 13 cannot create a self-managed account and are routed to a verified parent or guardian who manages the account and provides consent.

To retrieve or share health records, you may be asked to verify your identity through our verification partner (Fasten, which uses CLEAR or ID.me) to NIST IAL2/AAL2. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at privacy@bairwise.com of any unauthorized use.

‍ ‍

5. Your health information, consent, and sharing

You control your health information in Well. We obtain your informed, proactive consent before disclosing your personal data, and you choose what to share, with whom, and when — including when you share a health summary with a provider via SMART Health Links / QR codes. When you direct a share, you are responsible for choosing the recipient and the information included. Our collection, use, disclosure, retention, and deletion practices are described in the Privacy Policy. You can withdraw optional consents and manage your preferences at any time in the app.

‍ ‍

6. Data from third-party sources

Health records in Well are retrieved from your providers, health plans, and health information networks through our connectivity partner (Fasten) over the TEFCA network. That information originates with those third parties, and we do not guarantee that it is complete, accurate, or up to date. Where possible we maintain the provenance of your data (its source and changes). If you believe information is inaccurate or incomplete, you can report it in the app; where an error originated with another source, we will tell you and explain your right to request a correction from that source.

‍ ‍

7. Acceptable use

‍You agree not to: use the Service unlawfully or for anyone other than yourself (or someone you are authorized to represent); access another person's data without authorization; interfere with or disrupt the Service or attempt to circumvent its security; reverse engineer or misuse the Service; or upload unlawful, infringing, or harmful content. You are responsible for the accuracy of information you provide and for content you choose to share.

‍ ‍

8. Intellectual property and license

The Service, including its software, design, and content (excluding your personal data and content), is owned by BairWise and protected by law. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own health management. You retain your rights in the health information and content you provide.

‍ ‍

9. Third-party services

The Service works with third-party providers (for example, identity verification, health-records connectivity, cloud hosting, and AI processing) that operate under agreements with us. Your use of connected provider portals, networks, or other third-party services may also be subject to those parties' own terms. We are not responsible for third-party services we do not control.

‍ ‍

10. Termination and account closure

You may close your account at any time in the app. Consistent with our Privacy Policy, you may request deletion of your personal data ("right to be forgotten"), and dormant accounts are handled under our retention schedule (with reminder notices before data is deleted after a period of inactivity). We may suspend or terminate access if you violate these Terms or to protect the Service or its users. Sections intended to survive termination (including Sections 2, 6, 8, 11–14) will continue to apply.

‍ ‍

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that information obtained through it is accurate or complete. Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.

‍ ‍

12. Limitation of liability

To the fullest extent permitted by law, BairWise and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or relating to your use of (or inability to use) the Service. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed one hundred U.S. dollars ($100). Nothing in these Terms limits liability that cannot be limited under applicable law.

‍ ‍

13. Indemnification

You agree to indemnify and hold harmless BairWise from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

‍ ‍

14. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first contact us at privacy@bairwise.com and attempt in good faith to resolve the dispute informally. Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in New York.

‍ ‍

15. Changes to these Terms

We may update these Terms from time to time. We will proactively notify you of material changes and, where required, prompt you to re-affirm your agreement before continued use. Changes take effect when we post the updated Terms with a new effective date. Your continued use after that date means you accept the updated Terms.

‍ ‍

16. SMS messaging

If you opt into our SMS program, you agree to receive text messages about app development, beta testing, and related service information. We do not share your phone number for third-party marketing. Reply STOP to opt out or HELP for help; message frequency varies and message and data rates may apply.

‍ ‍

17. Contact us

Our responsible executive for these commitments is Dr. Michael Hecht, MD, Founder & Chief Medical Officer. For questions about these Terms, contact us at privacy@bairwise.com or by mail at 875 E 12th St, Brooklyn, NY 11230.