Peek Health

terms

Terms of Service

Effective January 1, 2026 · Governed by the laws of the United States

Template — review with counsel before publishing. This document is a starting draft prepared for Peek Health. It is not legal advice and must be reviewed and adapted by qualified US counsel before it is relied on by customers.

1. Agreement to terms

  • These Terms of Service ("Terms") govern your access to and use of the Peek Health website, the clinician application, and related services (collectively, the "Services") provided by Peek Health ("Peek Health," "we," "us," or "our").
  • By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
  • If you are a HIPAA covered entity or business associate, your use of the Services with Protected Health Information ("PHI") is additionally governed by a separately executed Business Associate Agreement ("BAA"). In the event of any conflict between these Terms and a signed BAA, the BAA controls with respect to PHI.

2. Eligibility

  • The Services are intended for licensed healthcare professionals and healthcare organizations operating in the United States. You must be at least 18 years old and legally able to enter into a binding contract to use the Services.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us at hello@peekhealth.com immediately if you suspect unauthorized access.

3. Acceptable use

  • Do not use the Services to violate any US federal, state, or local law, including HIPAA, the HITECH Act, state health privacy laws, or the FTC Act.
  • Do not upload or submit PHI unless a BAA is in place between your organization and Peek Health.
  • Do not attempt to re-identify, or facilitate re-identification of, individuals from de-identified or aggregated data made available in the Services.
  • Do not probe, scan, or test the vulnerability of the Services, or breach any security or authentication measures, without prior written authorization from Peek Health.
  • Do not use the Services to make clinical decisions in the absence of independent professional judgment; the Services are clinical decision-support software and are not a substitute for the judgment of a qualified clinician.

4. Customer data & HIPAA

  • As between the parties, customer organizations retain all right, title, and interest in the customer data (including PHI) they submit to the Services.
  • Peek Health processes PHI only as a business associate of the customer, in accordance with the BAA and applicable law.
  • Peek Health may create and use de-identified information derived from customer data (de-identified in accordance with 45 CFR 164.514(b)) for the purposes of improving the Services and generating aggregated population-health insights, consistent with the BAA.

5. Fees & subscription

  • Fees, billing frequency, and contract term are set out in the order form or subscription agreement signed between Peek Health and the customer.
  • Fees are payable in US dollars. Unless otherwise stated, fees are exclusive of applicable US sales and use taxes, which are the customer’s responsibility.

6. Term & termination

  • Subscriptions continue for the term set out in the applicable order form and renew as described therein.
  • Either party may terminate for material breach that remains uncured 30 days after written notice.
  • Upon termination, Peek Health will return or delete all customer PHI within 60 days, in accordance with the BAA, and will provide a certificate of destruction on request.
  • Sections that by their nature should survive termination (including 4, 7, 8, 9, and 10) will survive.

7. Warranties & disclaimers

  • The Services are provided “as is” and “as available.” To the maximum extent permitted by US law, Peek Health disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Peek Health does not warrant that the Services will be uninterrupted or error-free, or that any specific clinical outcome will result from use of the Services.

8. Limitation of liability

  • To the maximum extent permitted by law, Peek Health’s aggregate liability arising out of or related to these Terms will not exceed the fees paid by the customer to Peek Health in the 12 months preceding the event giving rise to the claim.
  • Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, or data, even if advised of the possibility of such damages. This limitation does not apply to a party’s indemnification obligations, breach of confidentiality, or willful misconduct.

9. Indemnification

  • Each party will defend, indemnify, and hold the other harmless from third-party claims to the extent arising from the indemnifying party’s breach of these Terms, violation of law, or infringement of a third party’s intellectual property rights, subject to prompt notice, sole control of the defense, and reasonable cooperation.

10. Governing law & dispute resolution

  • These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles.
  • The parties will first attempt to resolve any dispute through good-faith negotiation for 30 days. If unresolved, disputes will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Wilmington, Delaware. Either party may seek injunctive relief in court to protect intellectual property or confidential information.
  • Class action waiver: to the extent permitted by law, each party waives any right to participate in a class, collective, or representative action.

11. US export controls & sanctions

  • You represent that you are not located in, and will not use the Services from, a country subject to comprehensive US sanctions, and that you are not listed on any US government restricted-party list.

12. Changes to these terms

  • We may update these Terms from time to time. Material changes will be posted on this page with an updated Effective date, and, where required, we will provide additional notice to customers.

13. Contact

  • Questions about these Terms: hello@peekhealth.com.