Last Updated: August 27, 2024

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1. Acceptance of Terms

Tempus AI, Inc. ("Tempus," "we," "us," or "our") provides its Personal Health Record (PHR) Service to you subject to the following Terms of Use ("Terms"), which outlines the agreement between you and Tempus (“Agreement”). Please read these Terms carefully before accessing or using any part of the PHR Service. By accessing or using the PHR Service, you agree that you have read, understand, and agree to be bound by these Terms, as well as by the Tempus Privacy Policy which is hereby incorporated into these Terms. If you do not agree to these Terms, you should not use the PHR Service.

These Terms may change from time to time. We will notify you when they change. After you receive this notice, your continued use of the PHR Service will represent your acceptance of any changes to these Terms. 

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2. Definitions

2. Aggregate Data. Aggregate Data is PHR Data that is: (1) grouped so it does not identify, relate to, describe, be capable of being associated with, connected, or be linked, directly or indirectly to you as an individual and (2) has names and other identifiers removed or altered. In other words, Aggregate Data cannot be used to identify you as an individual.
3. Authorized Individuals. An Authorized Individual is someone you authorize to access your PHR Service on your behalf.
4. Authorized Individual-Representative. An Authorized Individual-Representative is an individual who has authority to create and manage a PHR account on behalf of a Dependent and may include a parent, guardian, or other legal representative.
5. De-Identified Data. De-identified data is PHR Data in which personal identifiers are removed and do not allow someone to determine a person’s identity.
6. Dependent. A Dependent is a minor child or other individual over whom an Authorized Individual has legal authority.
7. PHR. "PHR" means Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share your health information. olivia is a PHR.
8. PHR Data. PHR Data means any information, including any Personal Information, that you provide to us or that we process on your behalf through the PHR Service. PHR Data includes, but is not limited to the following:
   1. Your name and contact information, such as your address, phone number, or email address 
   2. Your medical history, conditions, treatments, and medications
   3. Your healthcare claims, health plan account numbers, bills, and insurance information
   4. Demographic information, such as your age, gender, ethnicity, and occupation
   5. Computer information, such as your IP address and "cookie" preferences
9. Personal Information. Personal Information means information about you that reasonably can be linked to you, such as your name, social security number, health information, demographic information, and/or other identifiers as may be defined under state and federal law. 
10. Provider. A healthcare provider, healthcare practice, or hospital that you authorize to provide information to your PHR. When you sign up for the PHR SERVICE, you may provide authorization for a healthcare practice or hospital, and associated authorized users, to send Personal Information to your PHR.
11. Service. The Service includes the PHR SERVICE and all related products and services.
12. Service Provider. A Service Provider is an entity that is hired to perform certain functions for Tempus to support the development, maintenance, and implementation of PHR SERVICE. Service Providers may include software or website designers and data storage providers.

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3. Description of Service

The PHR Service allows users to store, manage, and access their personal health records online. This Service includes, but is not limited to, the collection, storage, management, and sharing of health information, as well as access to health-related resources and tools. We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. Modifications within your PHR are not automatically communicated to your Providers or any third-party sources. If you want your Provider or a third party to know of changes within your PHR, you must inform the Provider or third-party of such changes.

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4. Privacy and Security

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your Personal Information. By using the PHR Service, you agree to the collection and use of your information in accordance with our Privacy Policy.

We may use the information we process through the PHR Service (including your Personal Information) to develop De-identified Data or Aggregate Data and use such data to improve the PHR Service and for our other business purposes. By using the PHR Service, you agree to our use of De-identified Data and Aggregate Data. 

Tempus is committed to protecting your Personal Information and employs a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure. This includes, but is not limited to, the use of firewalls, complex passwords, dual-factor authentication, various audit trails, data loss prevention, regular penetration testing, and risk assessments. Moreover, Tempus stores your Personal Information on secure cloud infrastructure, uses encryption technology, and requires comprehensive security training for our workforce.

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5. Registration Obligations

In consideration of your use of the PHR Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. 

Tempus reserves the right to restrict who is eligible for an account. Tempus reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. Tempus may enable you to create accounts for minors or other members of your family over whom you have legal authority. You may only do so if you are the Authorized Individual/Authorized Individual-Representative, and by doing so, you certify that you have such authority. Tempus may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, and/or perform certain transactions through, your account. You also may permit your authorized health care providers to communicate with such Authorized Individuals about your health status.

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

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6. Communications

The PHR Service may include text message and email communications. Such communications may be sent to you for purposes including, not limited to the following categories: 

• healthcare related communications;
• advertising, marketing or promotional communications;
• prescription or appointment reminders, and
• account management functions.

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Tempus will obtain all legally required permissions, consents, and authorizations, as well as provide you with all legally required notices, in relation to providing you with such communications. You may opt-out of receiving advertising, marketing, or promotional communications from us by following the instructions in those communications or by contacting us at privacy@tempus.com. 

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7. Intellectual Property

Tempus is the owner of the PHR Service and related intellectual property rights. Our slogans or similar “marks” are trademarks of Tempus, and our permission is needed before you use any of our marks. All other names, logos, products, and service names, designs, and slogans on the PHR Service are trademarks of their respective owners. 

You retain ownership of your information and related intellectual property rights. These Terms do not grant us any licenses or rights to your PHR Data except for the limited license described below. However, you are responsible for your PHR Data, and you must ensure that you have all the rights and permissions needed to use that PHR Data in connection with the Services.

You agree to grant Tempus a worldwide royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise use your PHR Data, but only for the limited purposes of providing and improving the Services and as permitted by our Privacy Policy. Where permitted under applicable law, the license you grant us for these limited purposes continues even after you stop using our Services with respect to Aggregate and De-identified Data derived from PHR Data. This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Services.

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8. User Conduct

You understand that all PHR Data, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Tempus, are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available via the PHR Service. We are not responsible for what you do with your PHR Data and may refuse to utilize your PHR Data to provide you with any Services if we believe your PHR Data has been inappropriately shared with us or violates the rights of any party.

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9. Termination

You may terminate this Agreement by ceasing to use the Services at any time. You can also contact us at privacy@tempus.com and request that we close your account. 

You agree that we may, under certain circumstances and without prior notice, immediately terminate your PHR Service account and access to the service. Cause for such termination shall include, but not be limited to, breaches or violations of the Terms or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, discontinuation or material modification to the PHR Service, unexpected technical or security issues or problems, and extended periods of inactivity.

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10. Indemnity and Limitation of Liability

You expressly understand and agree that Tempus shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Tempus has been advised of the possibility of such damages), resulting from the use or the inability to use the service.

By using our Services and agreeing to these Terms, you agree to defend, indemnify, and hold harmless Tempus, its affiliates, licensors, agents and service providers and its and their respective successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) any unauthorized use of your account; (c) your PHR Data; or (d) your negligence or willful misconduct.

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11. Not an Emergency Service

The PHR Service is not and should not be used for urgent or emergency situations. The Service does not provide any medical services. The Service does not provide emergency or urgent medical services. PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.

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12. Not Medical Advice

You acknowledge and agree that neither Tempus nor the PHR Service offers medical advice. Any content or data accessed through the PHR Service is for informational purposes only and is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. Tempus is not responsible for the accuracy, timeliness, or completeness of your Personal Information, or for any reliance by you or any medical professional on your Personal Information within the PHR. Tempus is not responsible for any Provider's reliance or non-reliance on your PHR Data or the accuracy thereof.

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13. General Information

These Terms constitute the entire agreement between you and Tempus and govern your use of the PHR Service, superseding any prior agreements between you and Tempus. The laws of Illinois will govern these Terms and your relationship with Tempus.

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14. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Email: privacy@tempus.com

Phone: (833) 514-4187

Mail: 600 W. Chicago Ave, Suite 510, Chicago, Illinois 60654