Last updated: November 4, 2026
IMPORTANT: THE SERVICE DOES NOT PROVIDE CONTINUOUS MONITORING OF ANY HEALTH CONDITION AND IS NOT AN EMERGENCY RESPONSE SYSTEM. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THE SERVICE FOR EMERGENCY OR CRISIS CARE. SEE SECTION 8 BELOW FOR MORE INFORMATION.
These Terms of Service (“Terms”) govern your access to and use of the website, progressive web application (the “Tomova App”), and related services offered by Tomova Health, Inc. (“Tomova,” “we,” “us,” or “our”) (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
These Terms should be read together with our Privacy Policy, available at https://tomova.com/privacy, and, if you have enrolled to receive text messages from us, our Text Messaging Terms & Conditions, available at https://tomova.com/messaging-terms, each of which is incorporated into these Terms by reference.
Tomova is a patient health companion offered in connection with independent primary care practices. If you enroll in the Service, Tomova connects to your insurance benefit information through a payer-connectivity partner, identifies potential prescription savings opportunities and preventive care and routine monitoring gaps, and communicates that information to you, on a confidential and secure basis, by SMS text message and through the Tomova App. Tomova also shares these findings with your physician practice, subject to the Practice Agreement between Tomova and your physician practice (as referenced in Section 6 below), so that your practice can factor this information into your care. This Service shall be free for patients. The Service is informational and educational only. The Service does not provide medical advice, diagnosis, or treatment, and is not a substitute for professional medical judgment. Tomova is not a healthcare provider. All decisions about your treatment, medications, and care remain between you and your physician.
The Service is available to patients whose physician practice participates in the Service, and to those practices and their authorized staff. Patients enroll with Tomova at their physician practice, as described in Section 6 below. You must be at least 18 years of age to use the Service directly.
When you enroll, you create and access your own Tomova account directly, independently of your physician practice's continued use of the Service, as described in our Privacy Policy. You are responsible for maintaining the confidentiality of any credentials associated with your account and for all activity that occurs under your account.
If you choose to connect your insurance information, you authorize Tomova, through our payer-connectivity partner, Flexpa USA Inc., to request and receive insurance eligibility, benefit, claims, and pharmacy benefit information from your health plan using the FHIR (Fast Healthcare Interoperability Resources) data-sharing standard, consistent with your rights under the CMS Interoperability and Patient Access Final Rule. You may disconnect this connection at any time as described in our Privacy Policy.
You represent that you are the patient whose information is being connected, or that you are authorized to connect that information on the patient’s behalf (for example, as a parent, legal guardian, or designated caregiver acting under a consent your physician practice has documented).
During our current pilot program, no feature of the Service is assisted by artificial intelligence. In the future, certain features of the Service, including the drafting of alert content and appointment-related communications, may be assisted by artificial intelligence tools. If and when we do so, AI-assisted content shall be configured and reviewed by our team before it is used to communicate with you, and will not be used to make clinical decisions or to generate medical advice. Any use of AI in connection with your information is further described in our Privacy Policy.
We will not use information you submit through the Service that consists of patient-related information to train, fine-tune, or otherwise improve any foundation model or other artificial intelligence or machine learning model made generally available to other customers or the public.
You agree not to:
Use the Service for any unlawful purpose or in violation of any applicable law or regulation
Attempt to access another patient’s information or account without authorization
Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or its networks
Reverse engineer, decompile, or otherwise attempt to derive the source code of the Tomova App, except as permitted by applicable law
Use any automated means to access the Service, other than through the interfaces we provide
Misrepresent your identity or your authority to act on behalf of a patient in connecting insurance information
We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms.
If you are a physician practice, you may enter into a separate agreement with Tomova, including a Business Associate Agreement governing protected health information, where applicable, under which your practice offers or makes the Service available to your patients (the “Practice Agreement”). These Terms govern your practice's own use of the Tomova website and any practice-facing features of the Service, in addition to, and not in place of, the Practice Agreement. In the event of a conflict between these Terms and the Practice Agreement specifically with respect to the handling of protected health information, the Practice Agreement controls.
Patients enroll with Tomova at their physician practice. Your practice makes patients aware of the Service, and at checkout your staff read Tomova's consent script and record each patient's consent to receive text messages, together with the patient's mobile number, in Tomova's system on Tomova's behalf, as set out in the Practice Agreement. Tomova is responsible for the content of that script and for presenting these Terms, the Privacy Policy, and the Text Messaging Terms & Conditions to each patient.
If a patient wishes to authorize a caregiver or other designee to access the patient's information through the Service, that authorization is obtained by your practice as part of your practice's own patient consent process, not by Tomova directly.
The Service, including the Tomova App, our website, and all related content, features, and functionality, is owned by Tomova or our 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 personal, non-commercial use, or, if you are a physician practice, for your internal use in connection with your patients, in each case subject to these Terms.
You retain any rights you may have in the information you submit to the Service. By submitting information to the Service, you grant Tomova a license to use that information solely to provide, maintain, and improve the Service, consistent with our Privacy Policy.
You may not copy, modify, distribute, sell, lease, license, sublicense, publicly display, publicly perform, reverse engineer, decompile, disassemble, scrape, or create derivative works of the Service, except as expressly permitted by these Terms or by Tomova in writing, or as permitted by applicable law notwithstanding this restriction.
The Service uses, integrates with, or relies on third-party services and providers, including our payer-connectivity partner (Flexpa), our artificial intelligence provider (Anthropic), our cloud hosting provider (Amazon Web Services), and our SMS delivery provider (Twilio), each as further described in our Privacy Policy. These third-party providers may have their own terms, policies, or requirements that apply to their respective services.
Tomova is not responsible for the acts, omissions, or service failures of third-party providers, except to the extent expressly required by applicable law or a separate written agreement.
Certain features of the Service, including the connection to your insurance information described in Section 3 above, depend on the continued availability of these third-party providers. If a third-party provider experiences an outage, discontinues its service, or ends its relationship with Tomova, the affected feature may be unavailable or delayed until Tomova is able to restore it or transition to an alternative provider, and Tomova will use reasonable efforts to notify affected users of any material, extended interruption.
THE SERVICE PROVIDES GENERAL INFORMATION REGARDING POTENTIAL PRESCRIPTION SAVINGS OPPORTUNITIES AND PREVENTIVE CARE TOPICS, BASED ON INSURANCE AND BENEFIT INFORMATION. THIS INFORMATION IS INTENDED TO SUPPORT A CONVERSATION BETWEEN YOU AND YOUR PHYSICIAN AND IS NOT A VERIFIED CLINICAL DETERMINATION. IT IS NOT MEDICAL ADVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION OR TREATMENT, AND BEFORE MAKING ANY CHANGES TO YOUR MEDICATIONS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED THROUGH THE SERVICE.
THE SERVICE IS NOT INTENDED FOR USE BY HEALTHCARE PROVIDERS OR PATIENTS FOR CONTINUOUS MONITORING OF ANY HEALTH CONDITION. THE SERVICE DOES NOT ALLOW IMMEDIATE CLINICAL ACTION IN AN EMERGENCY SITUATION AND IS NOT AN EMERGENCY RESPONSE SYSTEM. IF YOU ARE EXPERIENCING AN EMERGENCY, YOU SHOULD ALWAYS SEEK APPROPRIATE EMERGENCY CARE, AND SHOULD NOT RELY ON THE SERVICE TO HAVE YOUR HEALTH CONDITIONS CONTINUOUSLY MONITORED. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR YOU BELIEVE OR SUSPECT OR SOMEONE ELSE ADVISES YOU THAT YOU HAVE A SERIOUS OR LIFE-THREATENING CONDITION, CALL 9-1-1, OR GO TO THE NEAREST EMERGENCY ROOM.
YOU AGREE THAT IF YOU USE THE SERVICE DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR OWN RISK.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY SAVINGS OPPORTUNITY OR CARE GAP IDENTIFIED THROUGH THE SERVICE IS ACCURATE, COMPLETE, OR APPLICABLE TO YOUR PARTICULAR CIRCUMSTANCES.
Without limiting the foregoing, we do not represent, warrant, or guarantee that use of the Service will:
result in any actual reduction in your out-of-pocket prescription costs;
result in a pharmacy, insurer, or manufacturer honoring any identified savings opportunity;
identify every prescription savings opportunity or preventive care gap applicable to you;
reflect a complete or fully accurate picture of your medical, insurance, or prescription history; or
produce any particular clinical, financial, or health outcome.
Certain features of the Service may be made available on a pilot, beta, evaluation, or limited-release basis, including during our current pilot program. Such features may contain errors, omissions, or limitations, may not function as intended, and may be modified or discontinued at any time.
You agree to indemnify and hold Tomova harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your misuse of the Service, or your violation of any law or the rights of a third party.
For clarity, and without limiting Section 8 (Third-Party Services) above, Tomova’s indemnification and liability obligations under these Terms do not extend to, and Tomova will have no liability for, any claim, damage, loss, or expense arising from an outage, interruption, delay, discontinuation, or other disruption to the Service caused by a third-party provider, including our payer-connectivity partner, artificial intelligence provider, cloud hosting provider, or SMS delivery provider, except to the extent such claim, damage, loss, or expense arises from Tomova’s own gross negligence or willful misconduct in selecting or overseeing that third-party provider.
Governing law. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles.
Informal resolution. Before bringing any claim, you and Tomova agree to attempt in good faith to resolve the dispute informally. The party raising the dispute must first send written notice describing the dispute and the relief sought: to Tomova at the address in Section 22, or to you at the contact information associated with your account. The parties will negotiate in good faith for at least thirty (30) days after the notice is received before filing a claim. Any limitations period or filing deadline is tolled during that period.
Courts. If a dispute is not resolved informally, it will be resolved in the state or federal courts located in Virginia, and you and Tomova each consent to personal jurisdiction there. You may also bring an individual claim in small claims court, for claims that qualify for that court’s jurisdiction.
Equitable relief. Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction, without first engaging in informal dispute resolution, where it reasonably believes such relief is necessary to prevent irreparable harm. Without limiting the foregoing, Tomova may do so to address unauthorized access to the Service, credential misuse, misuse of patient information, or actual or threatened infringement or misuse of Tomova’s intellectual property.
Individual claims. To the extent permitted by applicable law, you and Tomova each agree that claims may be brought only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.
You may stop using the Service at any time.
We may update these Terms from time to time. The “Last updated” date above reflects the most recent revision. If we make a material change, we will provide notice as required by applicable law. Your continued use of the Service after a change becomes effective constitutes acceptance of the revised Terms.
Questions about these Terms can be directed to:
Tomova Health, Inc.