These Terms govern the patient mobile application and related services (the “App”) provided by Kivira Axis Inc. (“Kivira,” “we,” “us,” or “our”).

1. Acceptance of Terms

By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

2. Relationship to Your Clinic

Kivira sells its services to clinics, hospitals, and other healthcare providers (each, a “Customer” or “Clinic”). Your Clinic may invite you to use the App and may control certain settings and data flows. Your use of the App is governed by these Terms as a legal agreement between you and Kivira, and it may also be subject to your Clinic’s policies and notices.

3. Eligibility

The App is intended only for individuals who are 18 years of age or older. The App is not intended for people under 18.

4. What the App Does

The App supports patient intake and screening, and, where enabled by your Clinic, integration with electronic health records (“EHR”) and related systems (for example via SMART on FHIR, HL7, or similar methods).

Depending on Clinic configuration, the App may allow you to:

• Complete intake, screening, assessments, and questionnaires

• Share your assessment results with authorized clinicians as part of clinical workflow support

• Access certain EHR data through authorized integrations (for example, Epic via SMART on FHIR)

• Receive clinician reviewed outputs such as summaries or workflow artifacts

Features vary by Clinic and may change over time.

5. Clinical Decision Support Only

The App may use software algorithms, including AI-assisted methods, to analyze assessment responses and generate outputs such as summaries, insights, or recommendations for your healthcare provider. These outputs are designed to support human decision-making and do not replace clinical judgment.

Your clinician remains responsible for all clinical decisions, including diagnosis and treatment. Your Clinic may configure the App so that certain outputs are reviewed by a clinician before they are shared with you.

6. Not for Emergencies, No Real Time Monitoring

The App is not an emergency service and does not provide continuous or real time monitoring. If you are experiencing a medical emergency or are in immediate danger, call 911 (or your local emergency number) or go to the nearest emergency department.

7. Safety Alerts

If your responses indicate risk of self-harm, Kivira automatically notifies your healthcare provider according to your Clinic’s configuration and workflow. This is not emergency care and is not guaranteed to be immediate.

8. Invitations, Accounts, and Authentication

You may access the App through one of the following routes:

• Epic MyChart invitation route: Your clinician may send an invitation link to your MyChart. You may be directed to download the App from the Apple App Store. You authenticate via MyChart using Epic SMART on FHIR OAuth 2.0 authorization code flow with PKCE. Kivira does not receive your MyChart password.

• Non-Epic email invitation route: A clinician may send an invitation link by email. You may complete sign-up using Kivira’s authentication flow, including an activation token sent in the invitation email.

You are responsible for maintaining the confidentiality of your device and credentials and for all activity conducted through your account.

9. EHR Integration, Authorization, and Tokens

Where enabled, EHR integrations share and receive data based on authorization and Clinic configuration. For Epic SMART on FHIR, Epic may issue access tokens (and, if enabled, refresh tokens) that allow the App to access permitted Epic FHIR APIs. The scope of accessible data depends on your authorization and your Clinic’s settings.

10. Your Responsibilities and Acceptable Use

You agree to:

• Provide accurate information to the best of your knowledge

• Secure your device (for example, passcode, biometrics where available)

• Use the App only for lawful purposes and in accordance with these Terms

You may not:

• Attempt to access systems or data you are not authorized to access

• Disrupt or interfere with the App, including introducing malware

• Reverse engineer the App except where prohibited by law

11. Privacy, HIPAA, and Data Use

Your use of the App is also governed by Kivira’s Privacy Policy: [PASTE_PRIVACY_POLICY_URL].

The Services may process information that can be considered health information or sensitive information, such as mental health assessment responses. Where Kivira integrates with EHR systems, Kivira acts as a HIPAA Business Associate under business associate agreements with healthcare providers, and information may be protected health information under HIPAA.

12. Use for Improvement and Research

Kivira may use information as described in the Privacy Policy to provide and operate the Services, support clinical workflows, improve and maintain the Services, support security and fraud prevention, and comply with legal obligations.

Kivira may also use de-identified and aggregated data to refine and evaluate its algorithms and for research projects and cohort analyses with partners, where permitted by law and by Clinic arrangements. De-identified data is intended not to identify you.

13. Data Retention and Deletion

Kivira retains information for as long as needed to provide the Services and for legitimate business purposes such as security, compliance, dispute resolution, and audit requirements. Retention periods can vary based on the type of data, Customer configuration, and legal and regulatory obligations.

If you request account deletion, Kivira may delete or de-identify certain information, but some data may be retained in secure archives as required for compliance and regulatory obligations, including HIPAA related requirements.

14. Fees

The App is provided free to patients. Your Clinic pays Kivira for the service.

15. Intellectual Property

The App and its content, software, and branding are owned by Kivira or its licensors and are protected by intellectual property laws. Kivira grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for its intended purpose, subject to these Terms.

16. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVIRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVIRA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVIRA’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP WILL NOT EXCEED USD 100.

18. Changes and Updates

We may modify, suspend, or discontinue the App or any feature. We may update these Terms from time to time. If changes are material, we will provide notice through the Services or by other reasonable means. Continued use after an update means you accept the updated Terms.

19. Termination

You may stop using the App at any time. We may suspend or terminate your access if your Clinic disables the App, if we believe your use violates these Terms or poses a security risk, or if we are required to do so by law or Clinic directive.

20. Governing Law and Venue

These Terms are governed by the laws of the State of New York, excluding conflict of law rules. Any dispute arising from these Terms or the App will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to their jurisdiction.

21. Contact

Kivira Axis Inc.
33 W 17th St
New York, NY 10011
Email: hello@kivira.health

This page is provided for informational purposes and should be reviewed by your legal counsel to ensure it fits your specific deployment, Customer contracts, and regulatory posture.