1. Acceptance of Terms
These Terms of Use ("Terms") govern your access to and use of the website located at humanate.ai (the "Site") and the services, products, and SMS/text messaging programs offered by Humanate Digital, Inc. ("Humanate," "we," "us," or "our"). By accessing the Site, using our services, or receiving SMS messages sent through our platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site or our services.
2. Description of Service
Humanate provides AI-powered digital avatar agent technology used by healthcare clinics, hospitals, and other healthcare organizations ("Covered Entities") to interact with their patients and staff. Humanate acts as a business associate, as defined under HIPAA, to the Covered Entities that use our platform, under signed Business Associate Agreements ("BAAs").
Humanate does not have an independent, direct relationship with patients: we do not collect information or consent directly from you. Any patient information we receive or use, including for the SMS program described in Section 4, is provided to us by the applicable Covered Entity and is based on information and consent that Covered Entity has already collected as part of its own patient intake, scheduling, or consent processes. The Covered Entity, not Humanate, is responsible for your direct clinical care and for its own notices of privacy practices.
3. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Site on your own behalf. If a Covered Entity has provided your information to us on behalf of a patient, for example a caregiver or guardian, the Covered Entity is responsible for confirming that provision of that information and consent was properly authorized.
4. SMS Messaging Program
This section describes the terms of Humanate's text messaging program, which we operate on behalf of, and as directed by, the Covered Entities that engage us.
4.1 Program Description
Humanate's SMS program is used to send appointment and visit-related reminders and notifications, for example upcoming appointment reminders, rescheduling prompts, and related administrative notices, to patients of the Covered Entities that use the Humanate platform, on that Covered Entity's behalf.
4.2 Source of Consent
Humanate does not independently collect SMS opt-in consent from patients through this Site. Rather, each Covered Entity collects consent to receive SMS appointment reminders from its own patients, as part of its intake, scheduling, or consent process, and provides Humanate, acting as its business associate, with the patient's mobile number and a record of that consent so that Humanate may send messages on the Covered Entity's behalf. Humanate requires, by agreement, that each Covered Entity obtain this consent through a clear, affirmative action that is not bundled with unrelated agreements or made a condition of receiving care.
4.3 Message Frequency
Message frequency varies based on the patient's appointment activity and interactions with the applicable Covered Entity.
4.4 Message and Data Rates
Message and data rates may apply.
4.5 Opt-Out
A recipient may opt out of receiving SMS messages at any time by replying STOP to any message. They will receive a one-time confirmation that they have been unsubscribed.
4.6 Help
Reply HELP to any message for assistance, or contact us directly at info@humanate.ai.
4.7 Supported Carriers
Carriers are not liable for delayed or undelivered messages. Not all mobile devices or carriers may be supported.
4.8 No Third-Party Sharing
Mobile numbers and consent records Humanate receives from a Covered Entity are used solely to operate the SMS program on that Covered Entity's behalf. They are not shared with, or sold to, any other third party for marketing purposes. See our Privacy Policy for details.
5. Acceptable Use
You agree not to: (a) use the Site for any unlawful purpose; (b) attempt to gain unauthorized access to our systems; (c) interfere with or disrupt the Site or our services; or (d) use automated means to access the Site except as permitted by us.
6. Intellectual Property
The Site, and all content, features, and functionality within it, including the Humanate name, logo, and avatar technology, are owned by Humanate or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without prior written consent.
7. Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by Humanate. We are not responsible for the content, privacy practices, or terms of any third-party sites.
8. Disclaimers
THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HUMANATE DOES NOT WARRANT THAT SMS MESSAGES WILL BE DELIVERED PROMPTLY, OR AT ALL. THE SITE AND SMS PROGRAM ARE NOT INTENDED FOR USE IN MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANATE AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SMS PROGRAM.
10. Changes to These Terms
We may update these Terms from time to time. The effective date above reflects the most recent revision. Continued use of the Site or SMS program after changes take effect constitutes acceptance of the revised Terms.
11. Contact Us
If you have questions about these Terms, you may contact: