Last Updated: April 27th, 2021
Ellipsis Health Services
Ellipsis uses Artificial Intelligence (“AI”) to solve the unmet needs of behavioral health. We offer a real-time, scalable, and accurate way to measure anxiety and depression. We have developed the first speech-based vital sign for depression and anxiety. Our machine-learning algorithms only require a few minutes of natural speech to create a real-time assessment of anxiety and depression. We offer our AI solutions to adults (18 years of age or older) only. We partner with health care providers and health plans to provide our AI solutions to their patients, clients and members. We may also offer these AI solutions directly to individual users in our sole discretion.
WE DO NOT PROVIDE BEHAVIORAL HEALTH, MEDICAL HEALTH OR REFERRAL SERVICES. Health care providers (including behavioral health specialists) may use the Site and/or Services to share content with you and to collect information from you to be used for your treatment, care coordination or case management. However, your use of the Site or Services is not a substitute for medical or mental health care. If you need medical or mental health care, reach out to your doctor for a referral. If you are having a medical emergency or mental health crisis, call 911. You can also call the National Suicide Prevention Lifeline at 800-273-8255.
As a condition of your use of the Site and/or Services, you understand and agree to all of the following:
You are an adult who is at least 18 years of age;
You have the legal capacity to enter into a binding legal obligation;
All the information you provide to the Site is at all times true, accurate, current and complete;
You must treat your username and password or any other piece of information provided as part of our security procedures (collectively, “Security Information”) as confidential. You must not disclose it to any other person or entity. You are solely responsible for maintaining the confidentiality of your Security Information, and you are solely responsible for all uses of your Security Information and for access to your account, whether or not authorized by you; and
You will notify us immediately of any unauthorized access to or use of your Security Information or any other breach of security.
Use the Site and/or Services for any illegal, unethical, abusive, offensive, harassing or unsolicited purpose;
Sell, resell, rent or lease the Site and/or Services, use the Site and/or Services beyond its intended purposes or reverse engineer the Site and/or Services or decode, or otherwise attempt to derive or gain access to the software code of the Site and/or Services or any part thereof;
Use the Site and/or Services to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights);
Use the Site and/or Services in any way that is damaging to the Site and/or Services or interferes with or disrupts the integrity or performance of the Site and/or Services;
Misrepresent your identity, provide false information, impersonate another person or entity, or misrepresent your relationship with a person or entity or attempt to use another person’s account;
Attempt to gain unauthorized access to the Site and/or Services;
Remove or modify any proprietary marking or restrictive legends in the Site and/or Services;
Engage in any data monitoring, data mining, data harvesting, data extraction or any other similar activity in relation to the Site and/or Services or while using the Site and/or Services;
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or to attack the Site and/or Services via a denial-of-service attack or a distributed denial-of-service attack;
Access the Site and/or Services to build any competitive product or service, or to copy any material on the Site and/or Services for competitive purposes; or
Assist a third party in engaging in any of these prohibited activities.
Third Party Content
You agree to defend, indemnify, and hold harmless Ellipsis (including its affiliates and subsidiaries) and its members, officers, directors, representatives, employees, contractors, agents, business partners, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and expert witness fees) arising out of or in any way connected with:
Your use of the Site and/or Services; and/or
The use of the Site and/or Services by another person accessing your account and/or Security Information.
Disclaimer of Warranty, Limitations of Liability and Class Action Waiver
DISCLAIMER OF WARRANTY: ELLIPSIS DOES NOT GUARANTEE THAT INFORMATION ON THE SITE AND/OR MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, TIMELY, ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICES, AND ALL THIRD PARTY INFORMATION ON THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS. ELLIPSIS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SITE, SERVICES AND/OR THE MATERIALS CONTAINED ON THE SITE OR MADE AVAILABLE THROUGH THE SERVICES. ELLIPSIS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND ELLIPSIS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
LIMITATIONS OF LIABILITY: YOU UNDERSTAND AND AGREE THAT ELLIPSIS (INCLUDING ITS AFFILIATES AND SUBSIDIARIES), ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, AGENTS, BUSINESS PARTNERS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) YOUR USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES (INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, OR MATERIALS ACCESSED BY YOU THROUGH THE SITE
ELLIPSIS FURTHER DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELLIPSIS (INCLUDING ITS AFFILIATES AND SUBSIDIARIES), ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, BUSINESS PARTNERS, SUCCESORS AND ASSIGNS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $1,000.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR ELLIPSIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.
All of the content on the Site is owned by us or our licensors or other third party service providers and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties (collectively, “Site Content”). You acknowledge that the Site, Services and any underlying technology or software used in connection with the Site and/or Services contains proprietary information.
Our name, Ellipsis, and the Ellipsis logo, and all related names, logos, product and service names, designs, and slogans (including those of our subsidiaries and affiliates) are trademarks of Ellipsis or its subsidiaries, affiliates or licensors. You must not use such marks without the prior written permission of Ellipsis. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
You understand that your consent to receive automated text messages and calls for any marketing purposes is voluntary, and is not a condition to your use of the Site and/or Services. You can opt out of receiving automated marketing communications at any time by contacting us at: email@example.com. You may also opt out of receiving such automated text messages by replying to the text message with the word “STOP.” Please note that even if you opt out of receiving automated communications for marketing purposes, we (and other individuals and entities connected to the Site, such as your health care provider or health plan) may continue to communicate with you for non-marketing purposes, such as communicating with you about the Site, Services and health care related messages.
Term and Termination
Any unauthorized access or use of the Site and/or Services;
Tampering with or alteration of any of the software or data files contained in, or accessed through, the Site and/or Services;
If Ellipsis determines in its sole discretion that you have used or are using the Site and/or Services for any fraudulent or illegal purpose, including if you are engaged in suspicious activity or Ellipsis determines that your continued use of the Site would cause Ellipsis to violate any applicable law or would place Ellipsis at material risk of suffering any sanction, penalty or liability; or
If your actions or omissions create an immediate threat or may cause material harm to any person or organization.