Terms of Service
Contents
1. Agreement to these Terms
These Terms of Service (the "Terms") form a binding agreement between you and Up to Speed ("Up to Speed," "we," "us," or "our") and govern your access to and use of the Up to Speed website at uptospeed.health and the Up to Speed application (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. The Service
Up to Speed is a personal record-keeping companion that helps individuals and caregivers organize health information. With your authorization, the Service can connect to a supported electronic health record system (such as Epic MyChart) using the SMART on FHIR standard to retrieve a read-only copy of your health data so you can view it alongside information you record yourself.
3. Not medical advice
Up to Speed is a software tool. It is not a substitute for the advice, diagnosis, or treatment provided by qualified healthcare professionals. The Service may surface summaries, plain-language explanations, and trends derived from your data, including content generated by automated systems and AI models. You should never rely on the Service as the basis for any health decision, and you should always discuss your care with your medical team.
Up to Speed is not a medical device under the laws of any jurisdiction. The Service is not intended to be used in connection with the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.
If you are experiencing a medical emergency, call your local emergency number immediately.
4. Your account
You must be at least 18 years old to create an account. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. Notify us promptly at security@uptospeed.health if you believe your account has been compromised.
5. Acting as a caregiver
You may use the Service to manage information about another person (for example, a minor child or another family member for whom you have legal authority). By doing so, you confirm that:
- You have the legal right and authority to access and manage that person's health information;
- If you are connecting that person's medical record using their patient portal credentials, the credentials are yours to use (typically through proxy access set up at the hospital);
- You will use the Service to act in that person's best interests; and
- You will inform that person about Up to Speed to the extent appropriate for their age, capacity, and circumstances.
6. Acceptable use
You agree not to:
- Use the Service in any way that violates applicable law or the rights of others;
- Access medical record data through Up to Speed other than your own or that of a person for whom you have lawful authority;
- Attempt to interfere with, disrupt, or compromise the Service or the systems it depends on;
- Reverse engineer, decompile, or attempt to derive source code from the Service except to the extent expressly permitted by law;
- Use any automated means to access the Service in a way that creates undue load on our infrastructure or our partners' infrastructure;
- Resell, sublicense, or commercially redistribute the Service;
- Upload content that is unlawful, infringing, or harmful to others.
7. Your content
You retain all rights in the information you put into Up to Speed ("Your Content") and in the medical record data we retrieve on your behalf. You grant Up to Speed a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Your Content solely as necessary to provide the Service to you. This license terminates when you delete Your Content or your account, subject to the retention rules described in our Privacy Policy.
8. Third-party services
The Service connects with third-party systems at your direction, including electronic health record systems and AI providers. Your use of those third-party systems is governed by their own terms and privacy policies. Up to Speed is not responsible for the availability, accuracy, or behavior of third-party systems.
9. Privacy
Our handling of your information is described in the Privacy Policy, which is incorporated into these Terms by reference.
10. Gifts
Up to Speed can be bought for another household as a gift. A gift is a prepayment for a set number of months of the Premium plan, and it is delivered as a link. Anyone holding that link can open the gift, so it is the giver's responsibility to send it to the right person. If the address was wrong, the receipt carries the same link and you can forward it yourself.
A gift does not expire. It has no cash value and cannot be exchanged for money. While it is unopened we will refund it in full on request, at support@uptospeed.health. Once it has been opened it is not refundable, and if a payment is reversed after that, we may remove whatever gifted time has not yet been used.
Gifted months begin when the receiving household's free trial ends, or when an earlier gift ends, whichever is later, so gifted time is added rather than overlapped. A household that is already paying for a plan receives the gift as credit on its billing for the amount paid, instead of as months. When gifted time runs out, that household is in the same position as any household whose plan has stopped: nothing is deleted, the record stays readable and can still be exported in full, and writing resumes when a plan is started.
11. Availability and changes
We work hard to keep the Service available, but we do not guarantee uptime. We may add, change, suspend, or discontinue features at any time. If we make a change that materially reduces the Service's functionality, we will notify you in advance where reasonably practical.
12. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service if you materially breach these Terms, or if continuing to provide the Service to you would expose Up to Speed or others to legal or security risk. Where reasonably practical we will give you notice and an opportunity to cure first.
13. Disclaimers
To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranty of any kind, express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, secure, accurate, or error-free.
Without limiting the foregoing, Up to Speed does not warrant that any information surfaced through the Service, whether retrieved from a medical record, entered by you, or generated by an automated system, is accurate, complete, current, or appropriate for any particular purpose, including any health-related decision.
14. Limitation of liability
To the fullest extent permitted by law, in no event will Up to Speed or its affiliates, officers, employees, or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for lost profits, lost data, loss of goodwill, or business interruption, arising out of or relating to your use of the Service, even if Up to Speed has been advised of the possibility of such damages.
To the fullest extent permitted by law, Up to Speed's total cumulative liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you have paid to Up to Speed for the Service in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
15. Indemnification
You agree to indemnify and hold harmless Up to Speed and its affiliates from any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your violation of these Terms, (b) your misuse of the Service, or (c) your violation of any law or the rights of any third party.
16. Governing law and disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the state or federal courts located in Orange County, Florida, and you consent to the jurisdiction of those courts. If you are a consumer in a jurisdiction that grants you the right to bring claims in your home jurisdiction, nothing in this section limits that right.
17. Changes to these Terms
We may update these Terms from time to time. If we make material changes we will notify you by email and post the updated Terms here at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
18. Contact
Questions about these Terms? Email support@uptospeed.health.