Above Health – Comprehensive Terms of Service

Effective Date: August 13, 2025

Welcome to Above Health. These Terms of Service ("Terms") constitute a legally binding agreement governing your use of our integrated services. These services include telehealth consultations, over-the-counter (OTC) medical devices, free software applications, and digital tools, all offered via our secure technology platforms. By accessing or using any part of the Services, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws.

1. Acceptance of Terms and Age Requirements

1.1 Adult Users

By accessing our Services, you affirm that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You fully understand and accept all obligations under these Terms

1.2 Use on Behalf of Minors

If you are using our Services on behalf of a minor (any person under 18 years of age):

• You must be the minor's parent or legal guardian
• You represent and warrant that you have full legal authority to consent to medical treatment on behalf of the minor
• You agree to supervise the minor's use of the Services
• You accept full responsibility for all uses of the Services by the minor
• You agree to ensure the minor complies with these Terms

1.3 Prohibition on Minor Direct Use

Minors may NOT directly create accounts or use the Services without a parent or legal guardian. Any account created by a minor will be immediately terminated upon discovery.

1.4 Guardian Verification

We reserve the right to verify your status as a parent or legal guardian and may request documentation proving your legal authority to act on behalf of a minor patient.

If you do not agree to any part of these Terms, you must discontinue use immediately.

2. Detailed Scope of Services

Above Health offers a multi-faceted platform comprising:

• Telehealth Services: Virtual and in-person medical consultations conducted by licensed clinicians, covering allergy and asthma management, diagnosis, and follow-up care.
• Medical Devices: Sales of OTC devices (e.g., smart inhalers, diagnostic tools), with clear labeling of intended use and limitations. These are not medical devices and are over the counter products and are not to be used for clinical diagnosis or treatment but instead informational to help with daily routines.
• Free Software Tools: Apps and digital content designed to assist with health tracking, patient education, and personalized wellness programs.
• AI-Driven Analytics: Use of proprietary algorithms to generate recommendations based on your clinical data and environmental inputs.

Clinical services are delivered by Saba Haq Above Medical Group, a California professional corporation. Technology and non-clinical services are provided by Above Inc.

3. Important Medical Disclaimers

The Services do not replace your primary care provider or emergency services. Our tools and devices are intended to support—not replace—professional medical judgment. Always seek the advice of a physician with any questions about medical conditions or treatment plans.

4. Emergency Use Disclaimer

5. Eligibility and User Obligations

5.1 General Obligations

You warrant that all information you provide is true, complete, and current. You agree to keep your account information secure and notify us immediately of any unauthorized access or suspected breaches.

5.2 Guardian-Specific Obligations

If acting on behalf of a minor, you additionally warrant that:

• All information provided about the minor is accurate and complete
• You will update the minor's information as needed
• You will maintain confidentiality of the minor's health information
• You will be present during any telehealth consultations involving the minor (unless otherwise directed by the healthcare provider)
• You will ensure the minor follows all medical advice and treatment plans

6. Privacy, Security, and Data Handling

We comply with all applicable data privacy laws including HIPAA (for U.S. patients) and GDPR (for international users where applicable). Data is encrypted both in transit and at rest.

For minor patients, parents/legal guardians have the right to access the minor's health information, subject to applicable laws that may grant certain privacy rights to minors for specific types of medical care.

Full details are outlined in our Privacy Policy.

7. Use of Medical Devices

You agree to follow all operating instructions, warnings, and regulatory notices supplied with any medical device purchased through Above Health. We disclaim liability for improper use, unauthorized repairs, or any deviation from provided guidance.

For devices used by or for minors, the parent/legal guardian is responsible for:

• Ensuring proper use according to instructions
• Supervising the minor's use of any devices
• Storing devices safely and out of reach when not in use

8. Free Software and App Licensing

All free apps and software are provided under a limited, non-exclusive, revocable license for personal use only. Commercial exploitation, reverse engineering, or redistribution is prohibited without express written consent.

9. Fees, Billing, Refunds, and Cancellation

Fees for consultations, devices, or premium services are clearly disclosed at the time of purchase. All transactions are secured and processed via certified payment providers. Refunds are issued in accordance with our Refund Policy. Certain services may be subscription-based; terms for cancellation are provided at enrollment.

Parents/legal guardians are financially responsible for all services provided to minor patients under their care.

10. Intellectual Property Rights

All intellectual property, including but not limited to trademarks, patents, service marks, software code, content, and device designs, are the exclusive property of Above Inc. or its licensors. Unauthorized use is strictly prohibited and may result in legal action.

11. Prohibited Conduct

You agree not to:

• Engage in fraudulent, abusive, or illegal activities
• Attempt unauthorized access to our systems
• Transmit viruses or malicious code
• Infringe on intellectual property rights or violate privacy laws
• Allow minors to use the Services without proper guardian supervision
• Misrepresent your identity or authority to act on behalf of a minor

12. Disclaimers, Warranties, and Limitations

Services are provided "as is" without warranty of any kind, express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so these limitations may not apply to you.

13. Limitation of Liability

To the fullest extent permitted by law, Above Health, its affiliates, and service providers shall not be liable for indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages. Our total liability in any matter shall not exceed the amount you paid for the Services in the past 12 months.

14. Indemnification

You agree to defend, indemnify, and hold harmless Above Health, its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services or violation of these Terms
• Any use of the Services by a minor under your supervision
• Any breach of your representations regarding your authority to act on behalf of a minor

15. Third-Party Links and Integrations

We may provide links or integrate with third-party services for your convenience. These third parties are not controlled by Above Health, and we disclaim any liability for their content, terms, or privacy practices. Access them at your own risk.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of California, without regard to its conflict of law provisions. Any disputes shall be resolved by binding arbitration in Los Angeles County, California, pursuant to the rules of the American Arbitration Association.

17. Amendments to Terms

We reserve the right to update or modify these Terms at any time. You will be notified of material changes, and your continued use of the Services constitutes acceptance of the revised Terms.

18. Contact Us

Questions, concerns, or legal notices should be directed to:

By using Above Health's Services, you affirm that you have read, understood, and agree to comply with these comprehensive Terms of Service, including all requirements regarding age restrictions and guardian responsibilities.