Terms of Service

Effective Date: February 1, 2026

1. Service Description

Agent Lumos ("Service") is a clinical decision support tool designed to assist physicians, hospitals, and healthcare organizations ("Customer", "you") in providing pre-operative patient communications. The Service operates under physician supervision and is intended to supplement—not replace—clinical judgment.

The Service uses artificial intelligence and machine learning technologies to generate patient-facing content, including pre-operative instructions, answers to patient questions, and care coordination communications. All AI-generated content is produced under the oversight framework configured by the supervising physician.

AI-generated responses may incorporate educational content provided by pharmaceutical and medical device partners ("Partner Content"). Partner Content is classified as Tier 3 (lowest priority) in our content hierarchy and is never used to override clinical evidence (Tier 1) or hospital/surgeon protocols (Tier 2). All Partner Content is clearly attributed to its source, and its inclusion in AI responses is based on contextual relevance to the patient's query—not on financial arrangements with partners. The supervising physician controls which categories of Partner Content are approved for their patients.

2. Account Registration & Physician Oversight

By registering for the Service, you represent that you are a licensed healthcare professional or an authorized representative of a healthcare organization. You agree to:

  • Designate a supervising physician responsible for reviewing and approving AI-generated content in accordance with your selected oversight mode (pre-approval, post-review, or automated with exception handling)
  • Maintain accurate account information and promptly update it if it changes
  • Configure physician oversight settings appropriate to your clinical context and patient population
  • Ensure that all personnel who access the Service receive appropriate training on its use and limitations
  • Keep login credentials confidential and immediately notify us of any unauthorized access

3. Acceptable Use & Prohibited Uses

You may use the Service only for its intended purpose: pre-operative patient communications and clinical decision support under physician supervision. You shall not:

  • Use the Service as a substitute for professional medical judgment, diagnosis, or treatment decisions
  • Rely on AI-generated content without appropriate physician review as required by your oversight configuration
  • Use the Service for emergency medical situations (patients should be directed to call 911 or visit the nearest emergency room)
  • Attempt to reverse-engineer, decompile, or extract the underlying AI models or algorithms
  • Share account credentials or allow unauthorized access to the Service
  • Use the Service in any manner that violates applicable laws, regulations, or professional standards
  • Transmit malicious code or attempt to interfere with the Service's operation

4. AI-Generated Content Disclaimer

The Service uses artificial intelligence to generate patient communications. AI-generated content may be wrong, incomplete, or clinically inappropriate. While we employ multiple safety layers—including clinical evidence grounding, confidence scoring, and escalation protocols—no AI system is infallible.

The Service is provided "as is" with respect to AI-generated content. We do not warrant that AI outputs will be accurate, complete, current, or suitable for any particular clinical scenario. The supervising physician is responsible for reviewing content per their selected oversight mode before it reaches patients.

5. Physician Oversight Obligations (Shared Responsibility)

The effective use of this Service requires shared responsibility among the following parties:

  • Agent Lumos (Vendor): Responsible for maintaining the platform, AI model accuracy, security infrastructure, HIPAA compliance of the technology, timely notification of material changes to AI models or capabilities, and maintaining structural separation between partner revenue relationships and clinical decision-making. The Vendor ensures that Partner Content selection is based on contextual relevance, not financial arrangements, and provides full source attribution and audit trails for all content delivered to patients.
  • Hospital / Healthcare Organization: Responsible for configuring appropriate oversight settings, ensuring staff training, maintaining organizational compliance policies, and executing a Business Associate Agreement (BAA).
  • Supervising Physician: Responsible for reviewing AI-generated content per the selected oversight mode, exercising clinical judgment on all patient communications, managing Partner Content approvals through the Content Library, and escalating concerns through appropriate channels. The physician can view which content sources (including Partner Content) contributed to any AI-generated message via the dashboard.

6. Intellectual Property

Agent Lumos retains all rights to the Service, including its software, AI models, algorithms, and documentation. You retain ownership of your data, including patient information, custom protocols, and configurations you create within the Service.

You grant Agent Lumos a limited license to process your data solely for the purpose of providing the Service. We will not use your data, including patient health information, to train or improve AI models.

7. Confidentiality & HIPAA Compliance

The Service is designed to comply with the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations. Use of the Service requires execution of a Business Associate Agreement (BAA) between Agent Lumos and the Customer.

We implement administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of protected health information (PHI). Details of our security practices are described in our Privacy Policy.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENT LUMOS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO AGENT LUMOS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This limitation does not apply to: (a) Agent Lumos's breach of confidentiality obligations regarding PHI; (b) either party's indemnification obligations; or (c) claims arising from willful misconduct or gross negligence.

IN NO EVENT SHALL AGENT LUMOS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

9. Indemnification

Customer Indemnification: You agree to indemnify and hold harmless Agent Lumos from claims arising from: (a) your use of the Service in violation of these Terms; (b) failure to maintain appropriate physician oversight; (c) clinical decisions made using the Service; or (d) your violation of applicable laws.

Vendor Indemnification: Agent Lumos agrees to indemnify and hold harmless Customer from claims arising from: (a) Agent Lumos's breach of its confidentiality obligations regarding PHI; (b) infringement of third-party intellectual property rights by the Service; or (c) Agent Lumos's gross negligence or willful misconduct.

10. Term & Termination

These Terms are effective upon account creation and continue until terminated. Either party may terminate with thirty (30) days' written notice. Agent Lumos may terminate immediately if you materially breach these Terms, including failure to maintain physician oversight or unauthorized use of the Service.

Upon termination, your access to the Service will cease. We will retain your data for the period required by applicable law (including HIPAA's six-year retention requirement for business associate records) and make it available for export upon request for ninety (90) days following termination.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in San Francisco, California, by a single arbitrator with experience in healthcare technology disputes.

Opt-Out: You may opt out of this arbitration provision by sending written notice to legal@agentlumos.com within thirty (30) days of account creation. If you opt out, disputes will be resolved in the state or federal courts located in San Francisco, California.

12. AI Model Changes & Notifications

We may update the AI models used in the Service from time to time to improve accuracy and capabilities. We will provide at least thirty (30) days' advance notice before making material changes to AI models that could significantly affect the nature or quality of AI-generated content. Notice will be provided via email and in-product notification.

13. General Provisions

These Terms constitute the entire agreement between you and Agent Lumos regarding the Service, superseding any prior agreements. If any provision is found unenforceable, the remaining provisions will continue in effect. Our failure to enforce any right or provision shall not constitute a waiver. These Terms are governed by the laws of the State of California without regard to its conflict of law provisions.

14. Contact Information

For questions about these Terms, please contact us at:

Agent Lumos, Inc.
Email: legal@agentlumos.com