Prime State HealthPrime State HealthAt-home brain check-ins

Terms of Service

These Terms govern your access to and use of PrimeState Health and our websites, applications, and services.

Effective date: January 28, 2026

PLEASE READ CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A WAIVER OF JURY TRIAL, AND A WAIVER OF CLASS, COLLECTIVE, REPRESENTATIVE, AND PRIVATE-ATTORNEY-GENERAL ACTIONS THAT AFFECT YOUR LEGAL RIGHTS.

1) Agreement

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2) What the Service Is (and Isn't)

The Service provides tools for measurement, self-tracking, education, and trend visualization (including brief cognitive check-ins, summaries, and general suggestions).

THE SERVICE IS NOT A MEDICAL DEVICE, DIAGNOSTIC TOOL, OR CLINICAL DECISION-SUPPORT SYSTEM AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION.

The Service does not provide medical advice and does not replace care from a licensed clinician. No physician-patient or clinician-patient relationship is created through use of the Service.

Do not rely on the Service for emergencies. Seek immediate medical attention for urgent symptoms or concerns.

3) Eligibility

You must be at least eighteen (18) years old (or the age of majority where you live). By using the Service, you represent and warrant that you meet this requirement.

4) Accounts and Secure Access

Certain features require an account. We may provide passwordless sign-in links or other authentication methods.

You are responsible for safeguarding access to your account and for all activity conducted under it. You agree to provide accurate, current information and to keep it updated.

5) Acceptable Use

You agree not to:

  • Use the Service unlawfully or in violation of regulations.
  • Interfere with or disrupt security or performance.
  • Attempt to reverse engineer, scrape, or extract data.
  • Use outputs for clinical or professional decision-making.
  • Develop competing services using our materials.
  • Resell or share access without permission.

6) Your Inputs and License

You may submit information or responses ("Inputs"). You retain ownership of your Inputs.

You grant PrimeState a worldwide, non-exclusive, royalty-free license to host, store, process, analyze, and use Inputs and derived results to operate, secure, maintain, and improve the Service, subject to our Privacy Policy.

7) Results, Suggestions, and Variability

Results may vary based on device differences, environment, fatigue, medications, health conditions, or other factors.

Any summaries or suggestions are informational only and may not apply to you.

You are solely responsible for how you use the Service.

8) Intellectual Property

The Service and its content (excluding your Inputs) are owned by PrimeState or its licensors and protected by intellectual-property laws.

We grant you a limited, revocable, non-transferable, non-commercial license to use the Service in accordance with these Terms.

9) Third-Party Services

The Service may integrate third-party providers. We are not responsible for those services, and their terms govern your use.

10) Changes to the Service

We may modify, suspend, or discontinue any part of the Service at any time without liability.

11) Termination

We may suspend or terminate access at any time for suspected misuse, legal risk, or operational reasons.

You may stop using the Service at any time.

12) Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIME STATE HEALTH AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) FEES YOU PAID IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

14) Indemnification

You agree to defend, indemnify, and hold harmless PrimeState and its affiliates, officers, employees, and agents from any claims arising from:

  • Your use of the Service.
  • Reliance on results.
  • Violation of these Terms.
  • Violation of law or third-party rights.

15) Binding Arbitration; Waiver of Class and Representative Actions

PLEASE READ CAREFULLY.

a) Arbitration Agreement

Except for matters that may be brought in small-claims court, any dispute arising from or relating to these Terms or the Service shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

b) Location

Arbitration shall take place in San Diego County, California, unless the parties agree otherwise.

c) No Class or Representative Actions

You agree to bring claims only in your individual capacity. You waive any right to participate in class, collective, representative, or private-attorney-general actions, including claims under California's Private Attorneys General Act ("PAGA"), to the maximum extent permitted by law.

If a court determines that the PAGA waiver is unenforceable, PAGA claims shall be stayed while individual claims are arbitrated.

d) Jury Trial Waiver

You waive the right to a trial by jury.

e) Opt-Out

You may opt out of this arbitration agreement within thirty (30) days of creating an account by emailing support@primestatehealth.com with your name and account email.

16) Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

17) Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance.

18) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, cyber incidents, power outages, government actions, labor disputes, or telecommunications failures.

19) Assumption of Risk

You acknowledge inherent uncertainty in measurement tools and assume all risks associated with reliance on results, technical limitations, data inaccuracies, or user-specific factors.

20) Beta and Experimental Features

Features labeled "beta," "experimental," or "preview" are provided without warranties and may change or be discontinued at any time.

21) Export Controls

You agree to comply with U.S. export laws and sanctions regulations.

22) Contact

Questions about these Terms? Email support@primestatehealth.com.