Kind Health
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Terms of Service

Effective August 17, 2026Last Updated August 17, 2026

These Terms of Service ("Terms") govern your access to and use of the websites, software, applications, artificial intelligence features, and related services provided by KindHealth Insurance Services, LLC ("KindHealth," "we," "us," or "our"), including kindhealth.ai, the KindHealth platform, Kio, and any other KindHealth product or service that links to these Terms (collectively, the "Services").

Please read these Terms carefully. By accessing or using the Services, creating an account, or otherwise indicating your acceptance of these Terms, you agree to be bound by them.

If you do not agree to these Terms, do not access or use the Services.

1. The KindHealth Services

KindHealth provides technology designed to help employers, employee benefit plans, benefits advisors, consultants, brokers, and other organizations understand and manage healthcare spending, benefits information, plan performance, vendor relationships, and health-plan governance.

The Services may include functionality that:

  • analyzes medical and pharmacy claims;
  • analyzes healthcare spending and utilization;
  • identifies cost drivers, utilization patterns, and financial risks;
  • analyzes stop-loss exposure;
  • reviews benefits-related documents and information;
  • supports vendor and contract oversight;
  • produces reports, analytics, alerts, and recommendations;
  • supports documentation of benefits-related decisions and actions;
  • provides AI-assisted analysis and decision support;
  • provides employees and plan participants with benefits-navigation tools through Kio; and
  • provides other functionality that KindHealth may make available from time to time.

Certain Services or functionality may be made available through your employer, employee benefit plan, benefits advisor, or another organization that has contracted with KindHealth (a "Customer").

An individual permitted to use the Services through a Customer is an "Authorized User."

2. Customer Agreements and Order of Precedence

A Customer's purchase and use of the Services may be governed by a separate master services agreement, order form, business associate agreement, data processing agreement, statement of work, or other written agreement with KindHealth (collectively, a "Customer Agreement").

These Terms do not replace a Customer Agreement.

If there is a conflict between these Terms and an applicable Customer Agreement:

  1. 1the Customer Agreement controls with respect to the Customer and the Services covered by that agreement;
  2. 2an applicable Business Associate Agreement ("BAA") controls with respect to Protected Health Information ("PHI") within its scope; and
  3. 3these Terms otherwise govern your individual access to and use of the Services.

If you use the Services through a Customer, your right to use the Services is also subject to the Customer's authorization and applicable policies.

3. Eligibility and Authority

You may use the Services only if you are legally capable of entering into these Terms and are authorized to use the applicable Services.

If you access or use the Services on behalf of a company, employer, employee benefit plan, or other organization, you represent that you have authority to act on behalf of that organization with respect to your use of the Services.

Unless KindHealth and the applicable Customer expressly authorize otherwise, you must be at least 18 years old to create an account or independently use the Services.

Information concerning minor dependents may nevertheless be processed through the Services where permitted by the applicable Customer Agreement, benefit plan, authorization, and applicable law.

4. Accounts and Access

Certain Services require an account.

You agree to:

  • provide accurate account information;
  • maintain the confidentiality of your credentials;
  • use reasonable measures to secure your account;
  • promptly notify KindHealth of suspected unauthorized access; and
  • use only accounts and permissions assigned or authorized for you.

You may not share authentication credentials except through functionality expressly authorized by KindHealth.

Where your account is provided through a Customer, the Customer may provision, modify, restrict, suspend, or terminate your access according to the Customer's relationship with KindHealth and its own policies.

You are responsible for activity performed through your account to the extent resulting from your acts or omissions.

5. Important Health, Benefits, and Plan Information Disclaimers

Decision-Support Technology

KindHealth is a technology and decision-support platform.

Except where expressly agreed otherwise in a separate written agreement, KindHealth does not exercise final authority over:

  • eligibility for benefits;
  • benefit enrollment;
  • payment or denial of claims;
  • appeals;
  • prior authorization decisions;
  • provider network determinations;
  • formulary determinations;
  • plan administration;
  • medical treatment; or
  • other decisions reserved to an employer, employee benefit plan, plan administrator, insurer, carrier, TPA, PBM, provider, or other responsible party.

Official Plan Information Controls

KindHealth and Kio may explain or summarize benefit information obtained from plan documents, claims feeds, eligibility systems, provider information, formularies, Customer records, and other sources.

Those sources can be incomplete, delayed, inconsistent, or inaccurate.

If information provided through the Services conflicts with an official plan document, insurance policy, Summary Plan Description, Summary of Benefits and Coverage, formulary, eligibility record, claims determination, provider contract, or other controlling record, the applicable official record and determination of the responsible plan or administrator will control.

You should verify important coverage, provider, claims, cost, enrollment, and eligibility information with the responsible plan, administrator, carrier, TPA, PBM, provider, or other appropriate source before taking action where verification is material to your decision.

No Medical Advice

KindHealth and Kio do not provide medical advice, diagnosis, or treatment.

Information concerning healthcare utilization, benefits, claims, medications, providers, care opportunities, or health-related topics is provided for benefits-navigation, informational, analytical, or administrative purposes and is not a substitute for advice from a qualified healthcare professional.

Do not use the Services for medical emergencies. If you believe you are experiencing a medical emergency, contact appropriate emergency medical services.

No Legal, Tax, or Actuarial Advice

Unless expressly stated in a separate written agreement, the Services do not provide legal, tax, accounting, investment, or actuarial advice.

Customers and users should consult appropriately qualified professionals regarding those matters.

6. ERISA and Fiduciary Matters

KindHealth may provide information, analytics, recommendations, workflows, and documentation tools intended to assist employers, plan fiduciaries, advisors, and other responsible parties in managing and documenting health-plan decisions.

The Services may assist users in documenting:

  • information reviewed;
  • alternatives considered;
  • recommendations made;
  • decisions taken;
  • responsible parties;
  • supporting evidence; and
  • resulting actions or outcomes.

However, KindHealth does not guarantee that use of the Services will satisfy any fiduciary, statutory, regulatory, contractual, audit, or evidentiary obligation.

Except to the extent expressly agreed in a separate written agreement and as determined under applicable law, KindHealth does not undertake discretionary authority or control over the management or administration of an employee benefit plan or disposition of plan assets and does not undertake to serve as a named fiduciary, plan administrator, trustee, claims fiduciary, or other plan fiduciary merely by providing the Services.

Customers, plan fiduciaries, administrators, advisors, and other responsible parties remain responsible for their own decisions and legal obligations.

Nothing in these Terms is intended to determine fiduciary status where applicable law determines such status based on the functions actually performed.

7. Kio and Artificial Intelligence

Kio and other portions of the Services may use artificial intelligence, machine learning, retrieval systems, automation, and similar technologies ("AI Features").

AI Outputs

AI Features may generate answers, summaries, analyses, recommendations, explanations, alerts, or other materials ("Outputs") based on information available to the Services.

AI-generated Outputs may sometimes be incomplete, inaccurate, ambiguous, or outdated.

You are responsible for using appropriate judgment when relying on Outputs and for verifying material information where appropriate.

KindHealth does not warrant that any Output will:

  • be error-free;
  • be complete;
  • reflect the most recent source information;
  • be appropriate for every individual's circumstances;
  • result in a particular benefit, financial, clinical, or coverage outcome; or
  • satisfy a particular legal or fiduciary obligation.

Personalized Kio Guidance

Where authorized by the applicable Customer, Kio may use information concerning a Member's benefits, eligibility, claims, deductibles, pharmacy benefits, providers, networks, utilization, or other plan information to provide personalized benefits guidance.

Personalization does not convert Kio into a healthcare provider, insurer, plan administrator, claims fiduciary, or medical professional.

AI Provider Use of Data

KindHealth may use authorized technology providers to process information as necessary to operate AI Features.

KindHealth's handling of Personal Information, PHI, Customer Data, and Kio conversations is governed by the applicable Customer Agreement, BAA, and Privacy Policy.

KindHealth does not grant third-party general-purpose AI model providers the right to use PHI, identifiable Customer Data, or identifiable Kio conversations processed on KindHealth's behalf to train their general-purpose models.

8. Insurance Services

KindHealth Insurance Services, LLC may separately provide or facilitate insurance-related services where authorized and appropriately licensed.

Unless expressly stated otherwise:

  • the KindHealth software platform and Kio are not themselves insurance policies;
  • use of the Services does not bind insurance coverage;
  • KindHealth does not guarantee that insurance or benefits coverage will be issued or available;
  • displayed estimates are not guarantees of coverage or payment; and
  • insurance products or licensed producer services may be governed by additional agreements, disclosures, licensing requirements, and carrier terms.

Nothing in these Terms modifies the terms of an insurance policy or employee benefit plan.

9. User Content and Customer Data

Your Content

The Services may allow you to submit prompts, questions, documents, files, comments, feedback, or other materials ("User Content").

As between you and KindHealth, you retain any ownership rights you have in your User Content.

You grant KindHealth a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, transform, analyze, and otherwise process User Content only to the extent reasonably necessary to:

  • provide the Services;
  • generate requested Outputs;
  • maintain authorized conversation history or context;
  • provide support;
  • protect the security and integrity of the Services;
  • comply with applicable law;
  • enforce these Terms; and
  • otherwise process the information as permitted by the applicable Customer Agreement and Privacy Policy.

This license lasts only for as long as reasonably necessary for those purposes and applicable legal, contractual, security, and retention requirements.

This provision does not grant KindHealth an exclusive ownership interest in your Kio conversations or other User Content.

Customer Data

Data supplied by or on behalf of a Customer, including plan, employee, eligibility, claims, pharmacy, HRIS, and benefits information ("Customer Data"), is governed by the applicable Customer Agreement and, where applicable, BAA.

Nothing in these Terms gives an individual Authorized User ownership rights in Customer Data that the user does not otherwise possess.

Your Responsibility for Submitted Information

You represent that you have the rights, permissions, and authority necessary to submit User Content and other information you provide through the Services.

If you are an employer, advisor, administrator, or other business user, you may submit information concerning other individuals only when you are authorized to do so.

Do not submit PHI or other sensitive Customer information through public website forms, public support channels, or other features not designated by KindHealth for that information.

10. Outputs and Intellectual Property

KindHealth Technology

KindHealth and its licensors own all right, title, and interest in and to the Services and their underlying technology, including:

  • software;
  • source code;
  • models and model configurations;
  • interfaces;
  • workflows;
  • database structures;
  • methodologies;
  • designs;
  • graphics;
  • trademarks;
  • logos;
  • documentation;
  • templates; and
  • other KindHealth proprietary materials.

These Terms do not transfer ownership of KindHealth intellectual property to you.

License to Use the Services

Subject to these Terms and any applicable Customer Agreement, KindHealth grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services solely for the purposes for which your access has been authorized.

Your Use of Outputs

Subject to these Terms, the applicable Customer Agreement, and any rights in underlying third-party or Customer content, you may use Outputs generated for you for your authorized personal or internal business purposes.

KindHealth retains all rights in its underlying technology, methodologies, templates, software, and proprietary content regardless of whether those materials are used in generating an Output.

Because AI systems may generate similar or identical content for different users, KindHealth does not represent that Outputs are unique to you or eligible for intellectual-property protection.

11. Feedback

If you voluntarily provide KindHealth with ideas, recommendations, suggestions, or other feedback specifically concerning the functionality or improvement of the Services ("Feedback"), KindHealth may use that Feedback without restriction or compensation to you.

Feedback does not include PHI, Customer Data, Kio conversation content, or other Personal Information merely because those materials are transmitted through the Services.

12. Privacy and HIPAA

Your use of the Services is subject to the KindHealth Privacy Policy available at kindhealth.ai/privacy.

Where KindHealth processes PHI as a business associate, that processing is also governed by the applicable BAA.

If there is a conflict concerning the permitted use or disclosure of PHI, the applicable BAA controls.

KindHealth may use subcontractors and service providers in providing the Services. Where a subcontractor creates, receives, maintains, or transmits PHI and HIPAA requires a BAA, KindHealth will require appropriate contractual protections.

13. Acceptable Use and Prohibited Activities

You may use the Services only for lawful and authorized purposes.

You may not:

  • access another user's account or Customer environment without authorization;
  • access, obtain, or attempt to obtain information you are not authorized to receive;
  • submit Personal Information, PHI, confidential information, or other data you do not have authority to provide;
  • attempt to identify or re-identify an individual from information that has been lawfully de-identified or aggregated;
  • circumvent authentication, authorization, rate limits, security measures, or access controls;
  • probe, scan, or test the vulnerability of the Services without KindHealth's written authorization;
  • introduce malware, malicious code, destructive content, or other harmful technology;
  • interfere with, disrupt, disable, overload, or materially impair the Services or infrastructure;
  • use scraping, robots, crawlers, automated extraction tools, or similar means to access the Services except through interfaces or APIs expressly authorized by KindHealth;
  • copy, reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying components of the Services except to the limited extent a restriction is prohibited by applicable law;
  • use KindHealth's proprietary software, content, or confidential materials to develop a competing service;
  • systematically use Outputs or KindHealth proprietary content to train or develop a competing machine-learning or AI system without written authorization;
  • impersonate another person or misrepresent your identity or authority;
  • use the Services to commit fraud or other unlawful activity;
  • use the Services to harass, threaten, exploit, or unlawfully discriminate against another person;
  • use the Services as the sole basis for a decision where applicable law requires independent human review or prohibits that use;
  • use the Services in a manner that violates intellectual-property, privacy, confidentiality, contractual, or other legal rights;
  • remove or obscure proprietary notices;
  • attempt to bypass limitations placed on your account or Customer environment; or
  • assist another person in doing any of the foregoing.

Reasonable use of authorized export, reporting, integration, and API functionality is not prohibited by this section.

14. Third-Party Services, Data, and Integrations

The Services may interact with or incorporate information from third parties, including:

  • carriers;
  • health plans;
  • TPAs;
  • PBMs;
  • provider directories;
  • benefits administrators;
  • HRIS platforms;
  • stop-loss providers;
  • consultants and advisors;
  • third-party data providers; and
  • other Customer-authorized systems.

KindHealth does not control all third-party information and cannot guarantee its accuracy, completeness, timeliness, or continued availability.

The Services may also contain links to third-party websites or services. Your use of an independent third-party service may be governed by that party's own terms and privacy practices.

KindHealth is not responsible for third-party services except to the extent expressly provided in an applicable Customer Agreement.

15. Confidential and Security-Sensitive Information

You may receive access to nonpublic information concerning KindHealth or a Customer through your use of the Services.

You agree not to use or disclose confidential or security-sensitive information obtained through unauthorized means.

You may not publicly disclose nonpublic vulnerability, penetration-test, authentication, security, architectural, or Customer information obtained through misuse of the Services.

Nothing in these Terms prohibits good-faith activity protected by applicable whistleblower, labor, consumer-protection, security-research, or other law.

16. Service Availability and Changes

KindHealth may improve, modify, add, remove, or replace features of the Services over time.

We may temporarily suspend access where reasonably necessary for:

  • maintenance;
  • security;
  • legal or compliance requirements;
  • prevention of misuse;
  • protection of users or Customers; or
  • circumstances outside our reasonable control.

KindHealth does not guarantee that every feature will be continuously available.

Any service-level commitments contained in an applicable Customer Agreement control over this section.

We will not use this section to avoid express contractual commitments made to a Customer in a Customer Agreement.

17. Suspension and Termination

KindHealth may suspend or terminate your individual access to the Services if:

  • you materially violate these Terms;
  • your access creates a material security or legal risk;
  • your use is fraudulent, abusive, or unlawful;
  • the applicable Customer requests or requires termination;
  • you are no longer eligible for access through the applicable Customer;
  • the Customer's agreement with KindHealth terminates; or
  • suspension or termination is otherwise permitted by an applicable Customer Agreement or required by law.

Where circumstances reasonably permit, KindHealth may provide notice and an opportunity to address a violation before terminating access.

KindHealth may act immediately where necessary to address security, fraud, legal, privacy, or patient/member safety concerns.

Upon termination, your right to access the Services ends.

Handling of Customer Data, User Content, PHI, and other information following termination is governed by the applicable Customer Agreement, BAA, Privacy Policy, and law.

Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, dispute resolution, and accrued obligations.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED IN AN APPLICABLE CUSTOMER AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

KINDHEALTH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FOREGOING, KINDHEALTH DOES NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
  • ALL DATA PROVIDED BY CUSTOMERS OR THIRD PARTIES WILL BE ACCURATE OR CURRENT;
  • EVERY ERROR OR ISSUE WILL BE IDENTIFIED;
  • EVERY RECOMMENDATION OR OUTPUT WILL BE COMPLETE OR CORRECT;
  • USE OF THE SERVICES WILL PRODUCE A PARTICULAR COST SAVING, HEALTH OUTCOME, CLAIM OUTCOME, RENEWAL RESULT, VENDOR RESULT, OR FINANCIAL RESULT;
  • USE OF THE SERVICES WILL SATISFY EVERY LEGAL, REGULATORY, CONTRACTUAL, FIDUCIARY, OR AUDIT REQUIREMENT; OR
  • AN AI-GENERATED OUTPUT WILL BE APPROPRIATE FOR EVERY USER OR CIRCUMSTANCE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

19. Limitation of Liability

If you are using the Services under a Customer Agreement, the limitations of liability in that Customer Agreement govern claims within its scope.

For an individual user whose claim is not governed by a Customer Agreement, to the fullest extent permitted by applicable law:

KINDHEALTH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

KINDHEALTH'S AGGREGATE LIABILITY TO YOU FOR CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

(A) $100; OR
(B) THE AMOUNT YOU PERSONALLY PAID DIRECTLY TO KINDHEALTH FOR THE SERVICES DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot lawfully be excluded or limited.

Nothing in these Terms limits rights or remedies that applicable law does not permit you to waive.

20. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless KindHealth and its affiliates, officers, directors, employees, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from:

  • your intentional or unlawful misuse of the Services;
  • User Content you submit without necessary rights or authorization;
  • your material violation of these Terms; or
  • your infringement or violation of a third party's legal rights.

This section does not require an individual Authorized User to indemnify KindHealth for claims caused by KindHealth's own breach, negligence, misconduct, or violation of law.

Any indemnification obligations between KindHealth and a Customer are governed by the applicable Customer Agreement.

21. Governing Law and Disputes

Customer Agreements

If your dispute is governed by a Customer Agreement containing its own governing-law, venue, arbitration, or dispute-resolution provision, that provision controls.

These Terms

For disputes governed solely by these Terms, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except to the extent federal law applies.

Subject to any rights that cannot lawfully be waived, you and KindHealth agree that any judicial proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue in those courts.

Nothing in this section prevents either party from seeking emergency or temporary injunctive relief in a court of competent jurisdiction where necessary to protect confidential information, intellectual-property rights, security, or prevent imminent harm.

Nothing in these Terms limits any non-waivable right you may have under applicable consumer-protection or other law.

Exceptions to arbitration

If any part of this provision is found to be illegal or unenforceable, that part will be severed and the rest of the provision will remain in effect. Any Dispute falling within the severed part of this provision will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

22. Electronic Communications

By using the Services, you agree that KindHealth may provide legally permissible notices and communications electronically, including through:

  • email;
  • the Services;
  • account notifications; or
  • other electronic methods associated with your account.

Electronic communications satisfy any legal requirement that a communication be in writing to the extent permitted by applicable law.

This section does not constitute consent to receive marketing communications where separate consent is required.

23. California Users

If you are a California consumer and have a complaint concerning an electronic commercial service that has not been satisfactorily resolved, you may contact:

California Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N-112
Sacramento, CA 95834
Telephone: 800-952-5210

You may first contact KindHealth using the information in Section 27 below so that we can attempt to resolve your concern.

24. Changes to These Terms

KindHealth may update these Terms to reflect changes in:

  • the Services;
  • applicable law;
  • security or privacy practices;
  • business operations; or
  • other legitimate operational requirements.

The updated Terms will state the date of the most recent revision.

Where a change materially affects your legal rights or obligations, we will provide reasonable notice as required by applicable law.

Changes to these Terms do not amend an executed Customer Agreement except in accordance with the amendment provisions of that Customer Agreement.

Your continued use of the Services following the effective date of revised Terms constitutes acceptance to the extent permitted by law.

25. Copyright and Intellectual Property Complaints

If you believe material available through the Services infringes intellectual-property rights you own or are authorized to enforce, contact KindHealth at the address or email listed below with sufficient information for us to investigate the claim.

KindHealth may remove or restrict access to allegedly infringing material where appropriate.

26. Miscellaneous

These Terms, together with any documents expressly incorporated by reference, constitute the agreement between you and KindHealth concerning your individual use of the Services except to the extent an applicable Customer Agreement controls.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

KindHealth's failure to enforce a provision does not waive its right to do so later.

You may not assign your individual rights under these Terms without KindHealth's consent.

KindHealth may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or operation of law.

Nothing in these Terms creates a partnership, joint venture, employment, agency, physician-patient, attorney-client, or fiduciary relationship between you and KindHealth except where such a relationship is expressly created by a separate written agreement or imposed by applicable law based on the functions actually performed.

Headings are for convenience only and do not affect interpretation.

27. Contact Us

Questions regarding these Terms may be directed to:

KindHealth Insurance Services, LLC
301 S Heatherwilde Blvd #2857
Pflugerville, TX 78691

Email: hello@heykind.com

Website: kindhealth.ai