These Terms of Service (“Terms”) are a contract between you and Constellate Health, Co. (“Constellate,” “we,” “us”), a Delaware corporation. They cover your use of the Constellate website (constellate.health), the Constellate application, and the associated services (together, the “Service”).
Read Section 3 (Not Medical Advice) and Section 15 (Disputes) carefully. Section 15 may require you to resolve disputes through arbitration and to waive class-action rights, depending on the option we ship at launch.
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.
1. About these Terms
These Terms apply to everyone who uses the Service. If you use the Service on behalf of someone else — for example, a family member you care for — you promise you have the legal authority to do so, and you agree that their information is treated in the same way as your own.
2. Eligibility and your account
- You must be at least 18 years old to use the Service and legally able to enter a contract in your U.S. state of residence. Constellate is for adults; see Privacy §12.
- You must live in the United States.
- You must provide accurate information at signup and keep it accurate.
- You are responsible for keeping your credentials safe and for everything that happens under your account. Tell us at security@constellate.health if you think your account was compromised.
- One account per person, unless we tell you otherwise.
3. The Service is not medical advice
Constellate is a personal health information tool, not a medical service. To be clear:
- We are not a medical device. The Service has not been cleared or approved by the FDA.
- We are not your doctor. Using the Service does not create a doctor-patient, therapist-patient, or any other clinician-patient relationship between you and Constellate or its personnel.
- Nothing we show you is medical advice, diagnosis, or treatment. Summaries, prompts, questions the AI suggests, and any structured views of your record are informational only. Do not use them as a substitute for consulting a licensed healthcare provider.
- Do not change your care based on what the Service shows you without talking to your care team. This includes starting, stopping, or adjusting a medication.
- Emergencies: if you or someone else is having a medical emergency, call 911 (or your local emergency number) or go to the nearest emergency room. Do not use the Service to seek emergency help. The Service is not monitored in real time.
- If you are in mental-health crisis, in the U.S. you can call or text 988 (Suicide & Crisis Lifeline).
4. Acceptable use
When you use the Service, you agree not to:
- Break the law, or use the Service to harm someone else.
- Upload another person's health information without their consent (or without legal authority, in the case of someone you care for).
- Try to break, probe, or overload our infrastructure, or bypass any security or rate-limit control.
- Scrape, mine, or bulk-download data from the Service, or use it to build a competing product.
- Reverse-engineer, decompile, or otherwise try to extract source code, except as expressly permitted by law.
- Impersonate someone else, or misrepresent your affiliation with anyone.
- Use the Service to make automated decisions about a third party (for example, to underwrite them, screen them for a job, or set their insurance rates).
- Send us content that is unlawful, defamatory, obscene, or that infringes another person's rights.
We may suspend or close an account we reasonably believe is violating this section.
5. Your authorization to retrieve records on your behalf
When you ask us to pull your medical records, you authorize Constellate and its records-retrieval subprocessor (Fasten Health) to act as your personal representative or designated recipientfor that purpose, and to request and receive your records from:
- Healthcare providers (physicians, hospitals, clinics, labs, imaging centers).
- Health plans and pharmacy benefit managers.
- Health information exchanges and health information networks.
- Personal health records and patient portals that support standards-based access.
You give this authorization on an ongoing basis until you revoke it. To revoke, use the “Disconnect records” control in the app or email privacy@constellate.health. Revocation stops future retrievals. It does not undo retrievals already completed. Some records systems may require a separate written revocation directed at them; we will help you if you ask.
You promise the records you ask us to retrieve are your own (or belong to a person for whom you have legal authority).
6. Research participation is voluntary and separate
Constellate believes in producing real-world evidence that helps patients with autoimmune disease. Today we do not share your information with researchers or research partners, identifiable or de-identified. If that ever changes, it will be your choice, asked separately, and never a condition of using Constellate.
- Participation in research is always optional and opt-in.
- Before your identifiable data is used for a specific study or commercial partnership, we will ask you to sign a separate written authorization that names the study, the recipient, the purpose, and how long the authorization lasts.
- You can withdraw from a study at any time. Withdrawal stops future use of your data in that study. It does not require a partner to delete analyses already produced from data shared before you withdrew.
- Any future contribution of de-identified data to research would also be opt-in and separately consented (see Privacy §8).
7. AI features
The Service uses AI to read documents, extract structured information, and summarize your history. See Privacy §6 for how that works and why your data is not used to train models.
AI is imperfect. Summaries can miss things, misread things, or hallucinate. Everything AI shows you is informational only — see Section 3.
8. Intellectual property and your content
8.1 What we own
Constellate and its licensors own the Service — the software, the design, the trademarks, the documentation. We grant you a limited, personal, non-transferable, non-exclusive license to use the Service for personal, non-commercial purposes, subject to these Terms.
8.2 What you own
You own your content: your account information, your patient-reported entries, and, subject to the rights of the original source, the medical records we retrieve on your behalf. We do not claim ownership of any of it.
8.3 The license you grant us
To operate the Service, we need a narrow license to your content. You grant Constellate a worldwide, royalty-free, non-exclusive license to host, store, process, transmit, display, and modify your content solely to provide, secure, maintain, and improve the Service for you and to fulfill purposes disclosed in our Privacy Policy. This license ends when you delete the content or close your account, subject to backup rollover and legal retention (see Privacy §14). Nothing in this license authorizes use of your identifiable data for research, publication, marketing, or commercial partnerships — those require a separate authorization from you (see §6).
9. Feedback
If you send us ideas, suggestions, or bug reports, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without owing you anything. We will not identify you as the source without asking.
10. Third-party services
The Service links to and integrates with third-party services (for example, records aggregators and cloud providers). We are not responsible for third-party services. Your use of them is governed by their own terms and privacy policies. When you connect a third-party account, you agree we may pass information to and from that service as needed to provide the Service.
11. Fees
The Service is free during our beta. If we introduce paid features or subscriptions later, we will describe them clearly, tell you the price before you subscribe, and let you cancel. You will not be charged retroactively for previously-free features.
12. Termination
By you: you can close your account at any time from the app or by emailing support@constellate.health. See Privacy §10 for how deletion works.
By us: we may suspend or close your account if you materially breach these Terms, if we reasonably believe your use puts other users, us, or third parties at risk, or if we are required to by law. We may also discontinue the Service (in whole or a specific feature). If we do, we will give you at least 30 days' notice by email when reasonably possible and let you export your data before it becomes unavailable.
Sections that by their nature should survive termination — including 3, 6 (as to already-shared data), 8, 9, 13, 14, 15, 16, and 18 — survive.
13. Disclaimers
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Constellate disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and any warranties arising from a course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; that the Service will meet your requirements; or that any information provided (including anything AI produces) is accurate, complete, current, or clinically appropriate for your situation. See Section 3.
14. Limitation of liability
To the fullest extent permitted by law, Constellate and its officers, directors, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service, even if we have been advised of the possibility of those damages.
Our total liability arising out of or relating to the Service in any twelve-month period will not exceed the greater of (a) USD $100 or (b) the amount you paid us in that twelve-month period.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of the two paragraphs above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law (for example, liability for gross negligence, willful misconduct, or fraud).
15. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before starting a formal proceeding, both sides agree to try to resolve the dispute informally: contact us at legal@constellate.health describing the issue and the resolution you want, and give us 60 days to respond.
Mandatory arbitration and class-action waiver. If informal resolution fails, you and Constellate agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by [AAA or JAMS] under its then-current consumer arbitration rules. The arbitration will be conducted in English, will take place in [ARBITRATION VENUE / your county of residence] or by videoconference, and will be governed by the U.S. Federal Arbitration Act. The arbitrator, and not any court, has exclusive authority to resolve threshold issues about the arbitrability of a dispute — except that a court may decide whether the class-action waiver below is enforceable.
Class-action waiver. You and Constellate agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative proceeding.
Carve-outs. Either party may (a) bring a claim in small-claims court if it qualifies, or (b) seek injunctive relief in court to stop unauthorized use or infringement of intellectual property.
30-day opt-out. You can opt out of this arbitration and class-waiver section within 30 days of first accepting these Terms by emailing legal@constellate.health with your name, the email on your account, and the sentence “I opt out of the Constellate arbitration clause.” Opting out does not affect any other part of these Terms.
If any part of this Section 15 is found unenforceable, the remainder stays in effect, except that if the class-action waiver is found unenforceable, the entire arbitration agreement fails and disputes must be brought in court in Delaware.
16. Indemnification
You will defend, indemnify, and hold harmless Constellate and its officers, directors, employees, contractors, and affiliates from any claim, demand, or expense (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Service in violation of these Terms or applicable law, (b) content you submit or ask us to retrieve for which you did not have the right, or (c) your negligent or intentional acts. Constellate will tell you promptly about any such claim, let you control the defense (with counsel of your choice, subject to our approval, not unreasonably withheld), and cooperate reasonably at your expense. Constellate may participate in the defense with its own counsel at its own expense. You may not settle any claim in a way that admits our fault or imposes obligations on us without our prior written consent.
17. Changes to these Terms
We may update these Terms. If a change is material, we will tell you by email or in the app at least 30 days before it takes effect. Continued use after the effective date means you accept the change. If you do not accept, you can close your account before the change takes effect.
18. Miscellaneous
- Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and Constellate about the Service and replace any prior agreements about the same subject.
- No waiver: our failure to enforce a right is not a waiver of that right.
- Severability: if a provision is found unenforceable, the rest stays in effect.
- Assignment: you may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets on notice to you.
- Notices to you: may be sent by email to the address on your account or by in-app notice.
- Notices to us: legal@constellate.health, with a copy to 56 Broad St, STE 66291, Boston, MA 02109.
- Force majeure: we are not liable for delays or failures caused by events outside our reasonable control (natural disasters, war, terrorism, labor disputes, internet or utility outages, government action).
- Relationship: nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Constellate.
- U.S. only: the Service is offered from the United States and is intended for U.S. residents. You are responsible for compliance with local law if you access the Service from elsewhere.
- Export controls: you agree not to use the Service in violation of U.S. export controls or sanctions.
19. Contact
Constellate Health, Co.
56 Broad St, STE 66291, Boston, MA 02109
Legal notices: legal@constellate.health
Support: support@constellate.health