RAK AI & App Terms

These terms govern your use of the RAK Your Life wellness app at app.rakyourlife.com, including the RAK AI wellness companion. Please read them, by using the app, you agree to them.

1. Your agreement

These Terms are a binding agreement between you and Rakesh Jotwani, MD, PC ("we," "us," "RAK Your Life"). By creating an account, signing in, or otherwise using the app at app.rakyourlife.com, you agree to these Terms and our Privacy Policy. If you don't agree, please don't use the app.

2. Who can use the app

You may use the app if you are 18 years of age or older and able to enter into a binding contract under the laws of your jurisdiction. The app is not directed to children under 18 and we don't knowingly allow them to register.

If you are using the app in a state where teletechnology-mediated wellness services are restricted, you are responsible for ensuring your use is legal where you are.

3. What RAK AI is, and isn't

What it is. RAK AI is a general wellness product: a conversational interface that uses a third-party large language model (currently Anthropic Claude) to ask questions, offer reflections, and surface practices grounded in lifestyle medicine and the RAK framework (Roots, Awareness, Kindness). It is designed to support self-awareness, not to diagnose or treat anything.

RAK AI is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. It is not a medical device. It has not been evaluated by the Food and Drug Administration. Statements about food, supplements, movement, sleep, or any other practice are general wellness information, not medical recommendations.

4. Emergencies, crisis content & the limits of automated safety

Automated safety features are imperfect and may fail

The app includes automated, software-based prompts that may surface crisis-resource information when the system detects certain words or phrases. These prompts are:

• Automated, not human. No clinician, employee, or contractor reviews your messages, journals, uploads, check-ins, or AI conversations in real time. There is no human-in-the-loop crisis monitoring of any kind.
• Imperfect and may fail. The system can miss content that should trigger a prompt (false negatives) and can trigger prompts for content that doesn't need them (false positives).
• Not a substitute for emergency services. The presence of these prompts does not constitute monitoring, supervision, surveillance, triage, or any clinical or safety service.
• Not a guarantee. We make no representation that any particular language will be detected, that any response will be timely, accurate, or appropriate for your situation, or that the safety features will work at all on any given occasion.

No duty to monitor

Messages, journals, uploaded content, check-ins, and AI conversations submitted to the app may not be reviewed by clinicians or staff in real time, or at all. The app is not a medical monitoring service. Nothing in these Terms, in the app itself, in any feature labeled "safety" or "support," or in any communication from Rakesh Jotwani, MD, PC creates a duty on us, our clinicians, our employees, our contractors, or our agents to monitor your activity, your communications, or your wellbeing through the app.

You acknowledge that, by design, the app may decline to engage with certain crisis content and instead direct you to the resources above. This is an automated software decision. It is not a clinical decision and does not replace one.

5. Your account

To use the app, you create an account using your email address. We send you a one-time passcode to verify it. You're responsible for:

• Providing accurate information (we ask for your name and a few preferences)
• Keeping access to the email address you used to register
• Anything that happens under your account

If your account is compromised or you suspect unauthorized access, email support@rakyourlife.com immediately.

6. License to use the app

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the app for your personal, non-commercial wellness use.

This license does not give you the right to copy, modify, distribute, sell, sublicense, reverse engineer, or build a competing product from the app or its content.

7. Acceptable use & enforcement

When using the app, you agree not to:

• Use it to harm yourself or others, or in support of any illegal activity
• Submit content you don't have the right to share, including other people's private health information
• Attempt to extract the underlying model's weights, training data, or system prompts
• Use the app to provide medical advice to other people (you are not the clinician here)
• Try to circumvent rate limits, security controls, or the automated safety prompts
• Scrape, crawl, or otherwise extract content at scale
• Misrepresent your identity or impersonate someone else
• Resell, sublicense, or share your account credentials

Our enforcement rights

We reserve the right, at our sole discretion and with or without prior notice, to:

• Remove, redact, or refuse any content submitted to the app
• Suspend, restrict, or terminate any account
• Escalate threats of harm to law enforcement, emergency services, or other appropriate authorities
• Disclose account information, content, and metadata to law enforcement, emergency services, regulators, or others where we believe in good faith that disclosure is necessary to protect the life or safety of any person, to comply with law, to enforce these Terms, or to investigate suspected violations
• Preserve content, account records, and metadata for legal, safety, or compliance purposes, including pending or anticipated litigation holds, even after the related account is closed
• Refuse service to any user for any lawful reason

These rights are in addition to, and not in place of, the other rights we have under these Terms, applicable law, and our Privacy Policy. Exercising one right does not waive any other.

8. AI-generated content and your inputs

What you put in

You retain ownership of any text, images, journal entries, or other content you submit to the app ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to use Your Content for the limited operational purposes of operating the service, generating responses to your inputs, maintaining session continuity, diagnosing and fixing bugs you report, enforcing these Terms, and maintaining the security and operational integrity of the service. This license does not extend to advertising, public display, or any use unrelated to your use of the app, and it terminates when you delete the content or your account (subject to retention as described in our Privacy Policy).

AI training data

We do not use Your Content or your AI conversations to train our own AI models. We instruct third-party AI providers that handle your inputs not to use API-submitted content for model training where such controls are commercially available. As of the effective date above, our current providers, Anthropic and ElevenLabs, operate under commercial API terms that prohibit the use of API-submitted content for model training. We are not responsible for changes to a provider's terms; you can review current provider terms via the links in our Privacy Policy.

App content is not a medical record

Unless a licensed clinician has separately incorporated specific content into your clinical chart, content you submit to the app, including messages, journals, RAK AI conversations, check-ins, and uploads, is not part of your designated medical record for purposes of HIPAA, the California Confidentiality of Medical Information Act, or any other medical-records law. App content is not subject to clinical chart retention, amendment, accounting-of-disclosures, or access requirements that apply to PHI. If you want a specific piece of content reflected in your clinical chart, you must share it through a clinical channel identified in Section 9.

If you voluntarily submit sensitive information

The app is not designed to receive clinical information, and we ask that you not submit it. We instruct users not to share clinical information, medication details, lab results, or other protected health information through the app. If you choose to submit such information anyway, it does not automatically become PHI or part of your designated medical record by virtue of being submitted; it remains content submitted to a general wellness product and is governed by these Terms and our Privacy Policy. We cannot guarantee clinical review, triage, or follow-up on content submitted outside the clinical channels described in Section 9; if a matter is clinically time-sensitive, please use a clinical channel.

What the AI puts out

Outputs from RAK AI ("AI Outputs") are generated by a third-party language model. AI Outputs may appear authoritative, confident, or personalized despite being inaccurate, incomplete, outdated, or inappropriate for your circumstances. We do not guarantee accuracy, completeness, or fitness for any purpose. You use AI Outputs at your own risk and are responsible for any decisions you make based on them.

As between you and us, you may use AI Outputs for your personal wellness. You may not represent AI Outputs as the medical opinion of Dr. Jotwani or any other clinician. You may not redistribute AI Outputs as a competing product or service.

Third-party processing

By using RAK AI, you acknowledge that your inputs are transmitted to and processed by Anthropic, PBC under their commercial API terms. Voice features may transmit text to ElevenLabs. Full processing details are in our Privacy Policy.

9. If you are also a clinical patient

If you are a patient of Dr. Jotwani's medical practice, your use of the app is in addition to, not part of, your clinical care. Communications inside the app, including RAK AI conversations, are not a substitute for clinical communication and are not the right channel for:

• Reporting symptoms, side effects, or medication concerns
• Requesting refills or referrals
• Booking, canceling, or asking about appointments
• Anything time-sensitive or clinically urgent

For those things, use the contact channels in your patient packet or call the practice. PHI shared in clinical channels is governed by HIPAA and our Notice of Privacy Practices.

Channel status

The following table identifies which communication channels are clinical (governed by HIPAA and our Notice of Privacy Practices) and which are not:

If you submit clinical information through a non-clinical channel, the information does not automatically become part of your medical record. To incorporate it, share it through a clinical channel above. We do not monitor non-clinical channels for clinical content and have no duty to triage or escalate clinical information submitted outside the clinical channels.

10. Intellectual property

The app, the website, the RAK Your Life name and logo, the "fist" mark, the RAK framework, the recipe guides, the Mindful Meals materials, our written content, our voice meditations, and our podcast are owned by Rakesh Jotwani, MD, PC, and protected by US and international intellectual property laws.

We grant you no rights to our trademarks or brand assets by giving you access to the app. Don't reproduce, redistribute, or commercially use our content without written permission.

11. Changes to the app

We're a small operation iterating quickly. We may add, change, or remove features at any time. We may also revise these Terms, when we make material changes, we'll update the Effective Date, increment the version, and notify you in-app or by email before the change takes effect. Continued use after a change means you accept the updated Terms.

12. Termination

You may stop using the app at any time and request account deletion by emailing support@rakyourlife.com.

We may suspend or terminate your access immediately, without notice, if you violate these Terms, abuse the service, attempt to harm us or other users, or if we are required to do so by law. We may also discontinue the app entirely, with reasonable notice where possible.

Sections that by their nature should survive termination (intellectual property, disclaimers, liability limits, indemnification, dispute resolution, general terms) will survive.

13. Disclaimers

THE APP, RAK AI, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND TITLE.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI OUTPUTS WILL BE ACCURATE OR APPROPRIATE FOR YOUR CIRCUMSTANCES.

YOU ACKNOWLEDGE THAT THE APP IS A WELLNESS TOOL, NOT A MEDICAL DEVICE, AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RAKESH JOTWANI, MD, PC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US $100.

Some jurisdictions don't allow certain limitations; in those places, the limitations apply only to the extent permitted.

15. Indemnification

You agree to defend, indemnify, and hold harmless Rakesh Jotwani, MD, PC, its officers, employees, agents, and service providers from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the app, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) Your Content.

16. Disputes, arbitration & class waiver

Informal resolution first. Before filing any formal dispute, please email support@rakyourlife.com with a description of the issue. We'll try to resolve it within 30 days.

Binding arbitration. If we can't resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the app, except claims that may be brought in small-claims court, and except claims for injunctive or other equitable relief, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator. The location will be San Mateo County, California or, at your election, virtually. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You agree that disputes will be resolved on an individual basis. You and we both waive any right to participate in a class action, collective action, consolidated proceeding, or representative proceeding. If this waiver is held unenforceable, the entire arbitration section becomes null and void.

Carve-outs. Nothing in this section prevents you from filing a complaint with any state or federal agency, including a state medical board or HHS Office for Civil Rights. Claims for personal injury arising out of clinical care fall outside this arbitration provision and are governed by applicable state law and any separate patient agreement you signed.

17. Governing law & venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Except for matters subject to arbitration above, you and we consent to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California.

18. General terms

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms for specific features, are the entire agreement between you and us about the app.
• Severability. If any provision is found unenforceable, the rest stays in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You can't assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for failure to perform caused by events outside our reasonable control.
• Notices. We may give notice to you by email or in-app message. You give notice to us by emailing support@rakyourlife.com.
• Independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

19. Contact

Rakesh Jotwani, MD, PC
Support & general: support@rakyourlife.com
Legal notices: legal@rakyourlife.com
Mail:
1347 Linda Mar Shopping Ctr, Unit #2020
Pacifica, CA 94044