Effective 9 June 2026
These Terms of Service (“Terms”) constitute a binding legal agreement between TCM Hub LLC, a New York limited liability company, as well as its service providers, legal representatives, or other company officers who may be retained in the provision of the services (“Company,” “we,” “our,” or “us”), and the licensed practitioner (“you” or “User”) who accesses or uses Harmonize Iris, an educational software service that complements the Harmonize training system for licensed practitioners of Traditional Chinese Medicine (the “Service”).
By creating an account, clicking “I agree,” or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not create an account, do not access the Service, and do not use the Service.
You represent that you are at least 18 years of age, that you hold a current and unrestricted license to practice Traditional Chinese Medicine (or an equivalent license recognized in your jurisdiction), that you have completed Harmonize training offered by Company, and that you have full authority to enter into these Terms.
The Service is not intended to detect, prevent, diagnose, treat, mitigate, or cure any disease or medical condition, and Company does not represent that any AI Output is complete, current, clinically validated, or appropriate for any particular patient or circumstance.
The Service is an educational reference tool that allows licensed practitioners to enter de-identified clinical information about cases they encounter in their own practice and to receive, in return, an educational analysis grounded in the methodology taught in the Harmonize training system. The Service’s output, including any pattern identification, formula composition, clinical reasoning, or related content (collectively, “AI Output”), is an educational reference. It is not medical advice, a diagnosis, a treatment recommendation, a prescription, or clinical decision support.
You acknowledge and agree that you, as a licensed practitioner, are solely and exclusively responsible for every clinical decision made in connection with any actual patient. The AI Output is provided as a learning aid against the methodology in which you were trained, and is intended to be evaluated against your own independent clinical judgment, your professional training, your assessment of the patient, and any other tools or references you use. The Service does not establish a practitioner-patient relationship between Company and any patient, and Company does not practice medicine.
You must independently verify all AI Output before using it in any professional context, including by reviewing patient-specific facts, contraindications, allergies, medications, applicable professional standards, and any other information relevant to patient care.
The Service is not an electronic health record (“EHR”), is not designed to function as a medical record system, and must not be used as one. You are solely responsible for maintaining your patients’ medical records in a system separate from the Service, in accordance with all laws and professional standards applicable to your practice.
Access to the Service is by invitation only and is limited to graduates of the Harmonize training system who hold a current, unrestricted license to practice Traditional Chinese Medicine in their jurisdiction. Company may suspend or terminate any account at any time, for any or no reason, in its sole discretion, including without limitation if Company has reason to believe that the User has misrepresented their credentials or violated these Terms.
Company may require you to provide evidence of licensure, training completion, or authorization to use the Service. You agree to notify Company promptly if your license is suspended, restricted, expired, revoked, or otherwise limited.
To use the Service, you must create an account using a valid email address and your first and last name. You agree to provide accurate and current information, to keep it accurate and current, and to maintain the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. You agree to notify Company promptly at support@tcm-hub.com of any unauthorized use of your account or any other suspected breach of security.
You may not share your account credentials, allow another person to use your account, or use another person’s account. Company may require multi-factor authentication or other security measures as a condition of access. You are responsible for ensuring that any device, browser, network, or local storage you use to access the Service is secured against unauthorized access.
The Service is designed and architected to process only de-identified clinical information. You shall not submit, upload, transmit, paste, or otherwise input into the Service any “Protected Health Information” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations at 45 C.F.R. Parts 160 and 164 (collectively, “HIPAA”), or any information that constitutes “personal health information” under the Personal Information Protection and Electronic Documents Act (Canada), Quebec’s Act respecting the protection of personal information in the private sector, or any analogous law (collectively with HIPAA, “Health Privacy Laws”). Prohibited information includes, without limitation: patient names, initials when combined with any other identifier, dates of birth, specific ages, full dates of any kind, telephone numbers, email addresses, postal addresses, ZIP or postal codes, medical record numbers, social security or social insurance numbers, health-plan numbers, license numbers, license-plate numbers, device identifiers, internet addresses, biometric identifiers, photographs showing a patient’s face or other identifying marks, and any other unique identifying number, characteristic, or code.
You represent, warrant, and covenant that every input you submit to the Service has been de-identified in accordance with the safe-harbor de-identification standard set forth at 45 C.F.R. §164.514(b)(2), or in accordance with an equivalent method that ensures the information cannot reasonably be used, alone or in combination with other reasonably available information, to identify any individual. You shall not submit rare-disease narratives, unique event descriptions, geographic details, dates, provider names, employer names, school names, or other contextual information that could reasonably identify a patient when combined with other information available to you or to the public.
You acknowledge that the Service’s automated screens and length limits are imperfect, that they do not relieve you of this obligation, and that you remain solely responsible for ensuring that no Protected Health Information is submitted regardless of whether the Service detects it.
Because the Service does not accept Protected Health Information or personal health information, Company is not a “business associate” as that term is defined under HIPAA and does not intend to act as a health information custodian, information manager, agent, service provider, or analogous regulated recipient of identifiable patient information under Canadian federal or provincial health privacy law. These Terms do not constitute, and shall not be interpreted as, a business associate agreement, data-processing agreement for identifiable health information, information manager agreement, health information custodian agreement, or similar regulated health privacy agreement. Company will not execute a business associate agreement or analogous health privacy agreement in connection with these Terms. If your professional obligations or your applicable law require any tool you use in connection with Protected Health Information or personal health information to be subject to such an agreement, you must not use the Service in any manner that would implicate that requirement. If Company determines that your use of the Service would cause Company to receive or maintain PHI, personal health information, or to act as a business associate or analogous regulated processor, Company may suspend or terminate your access immediately.
As between you and Company, you are solely responsible for compliance with all Health Privacy Laws applicable to your practice, including without limitation HIPAA, the Health Information Technology for Economic and Clinical Health Act (“HITECH”), state and provincial health-information laws, and the rules of any licensing board or professional body to which you are subject. You acknowledge that any Protected Health Information you handle in the course of your practice is handled outside the Service, in systems that you alone control, and that Company has no visibility into and no responsibility for those systems.
You shall defend, indemnify, and hold harmless Company and its officers, directors, members, employees, contractors, and agents from and against any and all claims, demands, investigations, regulatory actions, fines, penalties, losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or relating to: (i) any Protected Health Information that you submit to or through the Service, regardless of whether the Service’s automated screens detected it; (ii) any breach of your representations, warranties, or covenants under this Section 3; or (iii) any claim by a patient, regulator, or other third party that Company received, processed, or stored Protected Health Information as a result of your conduct. This indemnification obligation survives termination of these Terms.
If Company becomes aware that any input may contain Protected Health Information, Company may, in its sole discretion and without notice, delete the affected entry, suspend or terminate your account, and take any other action it considers appropriate to mitigate the risk. Company is not obligated to monitor inputs for Protected Health Information beyond the automated screens described in the Privacy Policy and has no liability for failing to detect it.
If any Canadian federal or provincial health privacy law, professional rule, licensing-board requirement, or regulator guidance applicable to your practice requires patient authorization, patient notice, a data-processing agreement, a health information custodian agreement, an information manager agreement, or a similar agreement before using a third-party tool with identifiable patient information, you must not use the Service with that information. You are solely responsible for determining whether your use of the Service is permitted under the laws, professional standards, and regulator requirements applicable to your Canadian province or territory and practice setting.
“Personal Information” means information that identifies you personally as a User of the Service, limited to your first and last name and your email address.
“Submitted Data” means all clinical content you submit through the Service that is intended to be de-identified and free of Personal Information, Protected Health Information, and personal health information, including without limitation case identifiers generated by the Service (e.g., “HC-0042”), age ranges, sex, complexion, vital-sign categories, medications and allergies entered as drug names without identifiers, chief complaints and symptoms, tongue photographs (cropped and free of identifying features), pulse readings, history notes, pattern identifications, formula selections, modifications, follow-up data, and any feedback, ratings, or annotations you provide. Submitted Data does not include Personal Information. If any Submitted Data is reasonably capable of identifying an individual, Company may treat it as Personal Information or personal health information to the extent required by applicable law and may delete, quarantine, restrict, or de-identify it.
“Derivatives” means any aggregations, statistical analyses, machine-learning models, model weights, training datasets, embeddings, evaluations, benchmarks, derivative datasets, software, methodologies, content, or other works that Company creates from or with reference to the Submitted Data.
Subject to Company’s obligations under the Privacy Policy, you hereby grant to Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to access, use, host, store, copy, reproduce, modify, create derivative works of, analyze, combine with other data, and otherwise exploit the Submitted Data for any lawful business purpose, including without limitation: (a) operating, maintaining, providing, and improving the Service; (b) conducting analytics on aggregated and de-identified data; (c) training, fine-tuning, evaluating, and benchmarking artificial-intelligence and machine-learning models; (d) validating, refining, and developing the Harmonize methodology and related curricula; (e) creating and commercializing new products, features, and services; and (f) creating Derivatives.
As between you and Company, Company owns all right, title, and interest in and to the Derivatives, including all intellectual-property rights therein. You acknowledge that Derivatives, once created, are independent of any individual Submitted Data and that nothing in these Terms shall require Company to delete, modify, or refrain from continuing to use a Derivative on account of the deletion of, or any change to, any Submitted Data. Company will not attempt to re-identify any patient from Submitted Data, and will contractually prohibit any authorized recipient of aggregated or de-identified outputs from attempting re-identification, resale of raw datasets, or use outside the permitted purpose.
The license granted in Section 4.2 and Company’s ownership of Derivatives under Section 4.3 are perpetual and irrevocable, and survive any termination of these Terms, any deletion of your account, and any exercise by you of any right under any applicable privacy law with respect to your Personal Information.
Other than the license expressly granted in Section 4.2, you retain all rights you may have in the Submitted Data. Nothing in these Terms grants Company any rights in or to any actual patient’s information, which by design is not transmitted to the Service.
You acknowledge that you receive no royalty, revenue share, or other compensation in respect of the Submitted Data or any Derivatives. The consideration for the license granted in Section 4.2 is your access to and use of the Service.
You may opt out of future use of your Submitted Data for cross-practitioner benchmarking features or external publication of de-identified aggregate findings by emailing support@tcm-hub.com. An opt-out is prospective only and does not require Company to remove Submitted Data from Derivatives, models, analyses, benchmarks, or aggregated outputs created before Company processes the opt-out. Company will not externally publish or license raw Submitted Data or practitioner-identifiable datasets without separate notice and, where required, separate consent.
You shall not, and shall not permit any third party to: (a) reverse-engineer, decompile, disassemble, or attempt to derive the source code, model weights, prompts, or underlying methodology of the Service; (b) probe, scan, or test the vulnerability of the Service or breach any security or authentication measures; (c) use the Service to generate content that competes with, replaces, or replicates the Service; (d) use the Service for any unlawful purpose; (e) attempt to gain unauthorized access to any part of the Service or to data not belonging to you; (f) use the Service to make clinical decisions without applying your own independent professional judgment; (g) misrepresent your credentials or your authorization to use the Service; or (h) attempt to identify any individual whose information may have informed any Derivative. You shall not use the Service to submit unlawful, infringing, defamatory, abusive, or malicious content; upload malware; scrape or harvest data; use automated bots except as authorized by Company; interfere with other users; or use outputs to train, fine-tune, benchmark, or evaluate a competing model or service.
You must complete the de-identification acknowledgment screen presented within the Service before submitting any clinical content. Acceptance of that acknowledgment is recorded with a timestamp and is treated as part of your agreement to these Terms.
If you become aware that you have inadvertently submitted Protected Health Information through the Service, you shall promptly notify Company at support@tcm-hub.com and provide enough information to allow Company to identify and remove the affected entry.
During the term of these Terms, you may export the per-visit PDFs generated by the Service for any case associated with your account, which together comprise the substantive case history for that case. On written request to support@tcm-hub.com, Company will provide a reasonable export of the Submitted Data associated with your account in a structured, commonly used, machine-readable format, no later than thirty (30) days after the request.
If and when Company charges fees for access to the Service, the applicable fees, billing cycle, taxes, refund policy, and payment terms will be set forth on the Service’s account or billing page and incorporated into these Terms by reference. Company may change its fees on prospective notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.
These Terms commence when you first create an account or first access the Service, whichever is earlier, and continue until terminated as set forth in this Section 7.
You may terminate these Terms at any time by closing your account through the in-Service settings or by sending written notice to support@tcm-hub.com. On termination by you, Company will delete or de-identify your Personal Information in accordance with the Privacy Policy. The license granted in Section 4.2 and Company’s ownership of Derivatives under Section 4.3 survive termination, as expressly set forth in Section 4.4.
Company may suspend or terminate your account, with or without notice, if Company believes, in its sole discretion, that you have breached these Terms; that your continued use of the Service poses a risk to Company, the Service, other Users, or any third party; or that termination is required by law.
On termination for any reason: (i) your right to access the Service ceases immediately; (ii) Sections 3 (PHI), 4 (Submitted Data and license), 8 (disclaimers), 9 (limitation of liability), 10 (indemnification), 11 (dispute resolution), and 12 (general) survive; and (iii) you may, for thirty (30) days after termination, request a final export of Submitted Data associated with your account as set forth in Section 5.4. Company may retain backup copies for a limited period in accordance with its ordinary backup and disaster-recovery practices (to include regulatory inquiry or audit), provided such copies remain subject to these Terms and are not used for active production purposes except restoration.
AI SYSTEMS MAY PRODUCE INACCURATE, INCOMPLETE, OUTDATED, BIASED, INCONSISTENT, OR FABRICATED OUTPUT. AI OUTPUT MAY APPEAR AUTHORITATIVE EVEN WHEN INCORRECT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING, MODIFYING, DISREGARDING, OR REPLACING AI OUTPUT BEFORE RELYING ON IT.
THE SERVICE AND THE AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE AVAILABLE WITHOUT INTERRUPTION.
WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT ANY AI OUTPUT WILL BE CLINICALLY ACCURATE, APPROPRIATE FOR ANY PATIENT, COMPATIBLE WITH ANY MEDICATION OR CONDITION, OR FREE OF ERRORS OR OMISSIONS. YOU ALONE ARE RESPONSIBLE FOR EVALUATING WHETHER AND HOW TO USE ANY AI OUTPUT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100).
The limitations in this Section 9 do not apply to (a) your indemnification obligations under Section 3.5 or Section 10, (b) your breach of Section 4 (Submitted Data and license) or Section 5.1 (use restrictions), (c) liability that cannot be limited as a matter of applicable law, or (d) a party’s gross negligence or willful misconduct.
Quebec residents. Nothing in this Section 9 limits any right or remedy you may have under the Consumer Protection Act (Quebec) or other applicable consumer-protection legislation that may not be limited by contract.
In addition to your indemnification obligations under Section 3.5, you shall defend, indemnify, and hold harmless Company and its officers, directors, members, employees, contractors, and agents from and against any and all claims, demands, investigations, regulatory actions, fines, penalties, losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or relating to: (a) your access to or use of the Service; (b) your breach of these Terms; (c) your violation of any law or any right of any third party, including without limitation any patient, regulator, licensing body, or professional association; (d) any clinical decision you make in connection with any actual patient, including without limitation any decision informed by AI Output; or (e) any content or data you submit to the Service. Your indemnity includes claims arising from any allegation that a patient was injured, misdiagnosed, mistreated, undertreated, or otherwise harmed based on any clinical decision you made, whether or not you reviewed AI Output.
If you access or use the Service from Canada, the following provisions apply in addition to (and, where they conflict, in place of) the other provisions of these Terms.
You acknowledge that you have reviewed the Privacy Policy and provide meaningful consent to the collection, use, disclosure, processing, retention, and cross-border transfer of your Personal Information and operational information for the purposes described in the Privacy Policy.
You acknowledge that Submitted Data is intended to be de-identified, is licensed to Company under Section 4, and may be used for Service operation, analytics, product improvement, AI/ML model training, evaluation, benchmarking, Derivatives, and related business purposes as described in these Terms and the Privacy Policy. To the extent applicable Canadian law treats any Submitted Data as Personal Information or personal health information, you consent to those uses subject to any non-waivable rights under applicable law.
If you withdraw consent to processing that is necessary for Company to provide, secure, or administer the Service, Company may suspend or terminate your account. Withdrawal of consent does not affect processing that occurred before withdrawal, legally required retention, or Company’s continued use of Derivatives and de-identified or aggregated outputs as permitted by these Terms and applicable law.
Company may restrict, suspend, or decline access to the Service in any Canadian province or territory, including Quebec, if Company determines that additional privacy, health privacy, French-language, consumer-protection, or operational compliance steps are required before the Service can be made available there.
Your rights under the Personal Information Protection and Electronic Documents Act (Canada), Quebec’s Act respecting the protection of personal information in the private sector, Alberta’s Personal Information Protection Act, British Columbia’s Personal Information Protection Act, and any other applicable federal or provincial privacy legislation are preserved and are described in the Privacy Policy.
If you are a resident of Quebec and the Service is made available to you, you must contact Company in English and Company will respond in English unless otherwise required by applicable law; the Privacy Policy identifies a person responsible for the protection of personal information and provides contact details for that person.
Nothing in these Terms operates to waive any non-waivable right or remedy you may have under applicable Canadian consumer-protection law.
Cross-border transfers of your Personal Information are described in the Privacy Policy. By accepting these Terms, you provide informed consent to the transfer of your Personal Information outside the province in which you reside, including to the United States, for the purposes described in the Privacy Policy.
These Terms are governed by and construed in accordance with the laws of New York without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 12.3, any action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Vermont, and each party hereby submits to the personal jurisdiction of, and consents to venue in, those courts.
Before initiating any formal proceeding, the parties shall attempt in good faith to resolve any dispute by negotiation. If a dispute is not resolved within sixty (60) days of written notice from one party to the other, either party may proceed with formal dispute-resolution proceedings.
12.4 Class-action waiver. To the extent permitted by applicable law, each party irrevocably waives any right it may have to participate in a class action, collective action, or representative proceeding against the other party. Each party may bring claims only on an individual basis. This waiver does not apply where it is prohibited by applicable consumer-protection, privacy, or other non-waivable law, including without limitation the law of Quebec or any other applicable Canadian federal or provincial law.
These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Company with respect to the Service and supersede all prior agreements and understandings, whether written or oral, with respect to the same subject matter.
Company may modify these Terms from time to time. Non-material changes, including changes made to correct errors, clarify language, reflect non-material changes in Service functionality, improve security, or comply with law or regulatory guidance, may become effective upon posting or on the date stated in the notice. Material changes will be communicated by email, in-Service notice, or other reasonable method at least thirty (30) days before they become effective, unless a shorter period is required by law, regulation, security need, or third-party service requirement. Changes that materially expand Company’s rights to use Submitted Data, materially reduce your rights, add material fees, alter dispute-resolution terms, or materially change the Privacy Policy will not apply retroactively to Submitted Data or disputes arising before the effective date unless you affirmatively accept the change or applicable law permits otherwise. Your continued access to or use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may terminate your account before the change takes effect. Company will maintain a record of the version of the Terms accepted by each User. For Canadian users, Company will obtain express consent where required by applicable law for material changes to privacy practices, data-use rights, cross-border transfers, or other legally protected rights.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable while preserving its intent.
No failure or delay by Company in exercising any right under these Terms shall operate as a waiver of that right.
You may not assign these Terms or any rights or obligations under them without Company’s prior written consent. Company may assign these Terms in connection with a merger, acquisition, reorganization, sale of all or substantially all of its assets, or by operation of law, in each case without your consent.
Company is not liable for any delay or failure to perform under these Terms caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, labor disputes, internet or telecommunications failures, and outages affecting third-party service providers.
Notices to Company shall be sent to support@tcm-hub.com, with a copy to[TCM Hub LLC P.O. Box 106 East Burke, VT 05832 Notices to you may be sent to the email address associated with your account and are deemed given when sent.
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Company. Neither party has the authority to bind the other.
Section headings are for convenience only and do not affect the interpretation of these Terms.
Nothing in these Terms limits, excludes, or waives any right, remedy, consent requirement, privacy right, consumer-protection right, language right, or health privacy obligation that cannot be limited, excluded, or waived under applicable Canadian federal, provincial, or territorial law. If any provision of these Terms conflicts with such non-waivable law, that provision will apply only to the maximum extent permitted by law, and the remaining provisions will remain in effect.
Contact: support@tcm-hub.com
TCM Hub LLC P.O. Box 106 East Burke, VT 05832