Terms of Service
Last updated: March 2026
These Terms of Service ("Terms") govern your access to and use of the website xylarhealth.com and the Xylar Health voicemail triage and related services (collectively, the "Service") provided by Xylar Health ("Xylar," "we," "us," or "our"). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
1. Description of the Service
Xylar Health provides AI-powered voicemail transcription, summarization, and triage for healthcare and care-provider organizations. The Service may include a public website for information and inquiry submission, and a product used by customers to process patient voicemails in accordance with our documentation and applicable agreements. We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice where practicable.
2. Eligibility and Account Responsibility
You must be at least 18 years of age and have the legal authority to enter into these Terms. If you use the Service on behalf of an organization, you represent that the organization has authorized you to do so and that the organization will be bound by these Terms. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use.
3. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms and applicable law. You may not: (a) use the Service in any way that violates HIPAA or other healthcare privacy or security laws; (b) attempt to gain unauthorized access to the Service, other accounts, or our systems or networks; (c) transmit malware, spam, or any harmful or illegal content; (d) interfere with or disrupt the integrity or performance of the Service; (e) reverse engineer, decompile, or attempt to derive source code from the Service except as permitted by law; or (f) use the Service for any purpose that is fraudulent or that we have not expressly permitted. We may suspend or terminate your access if we reasonably believe you have violated these Terms or applicable law.
4. HIPAA and Protected Health Information
When your use of the Service involves Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act and its implementing regulations, you and we must enter into a separate Business Associate Agreement ("BAA") before such use. Our handling of PHI is subject to that BAA and to our compliance with HIPAA. You are responsible for ensuring that your use of the Service complies with HIPAA and that you have obtained any necessary consents or authorizations. You may not submit PHI through our public website or in any context where a BAA is not in place. We are not responsible for your failure to comply with HIPAA or to execute a BAA where required.
5. Intellectual Property
The Service, including its software, design, text, graphics, and other content (excluding any content or data you provide), is owned by Xylar or its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms. You do not acquire any ownership or rights in the Service beyond this license. You may not copy, modify, distribute, sell, or create derivative works from the Service without our prior written consent.
6. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, XYLAR HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR CLINICAL JUDGMENT; YOU REMAIN RESPONSIBLE FOR ALL PATIENT CARE DECISIONS AND COMPLIANCE WITH APPLICABLE STANDARDS OF CARE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XYLAR HEALTH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Indemnification
You agree to indemnify, defend, and hold harmless Xylar Health and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms or applicable law; (c) your violation of any third-party right, including privacy or intellectual property; (d) any content or data you submit through the Service; or (e) any dispute between you and a third party relating to the Service or your use of it. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
9. Termination
We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms. You may stop using the Service at any time. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive termination. We may retain and use your data as permitted by our Privacy Policy and any applicable BAA.
10. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts. Nothing in these Terms limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction.
11. Changes to the Terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. Material changes may be communicated via email or a notice through the Service. Your continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service.
12. General
These Terms, together with our Privacy Policy and any BAA or order form you have with us, constitute the entire agreement between you and Xylar regarding the Service. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries to these Terms.
13. Contact
For questions about these Terms, contact us at support@xylarhealth.com.