Asha Terms of Service

DNAi Systems - AI Health Information Tool

Last Updated: January 20, 2026 | Version 2.0

Document ID: TOS-2026-01-20-v2.0 | SHA-512 Hash Available on Request


1. ACCEPTANCE OF TERMS

By accessing or using Asha ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

1.1 Binding Agreement

By clicking "I Accept," creating an account, or using the Service, you enter into a legally binding agreement with DNAi Systems. This is a "clickwrap" agreement -- your affirmative action constitutes acceptance.

1.2 Version Control

We maintain records of your acceptance of each version of these Terms, including timestamps and version identifiers. Material updates will be communicated via email or in-app notification at least 30 days before taking effect. Your continued use after such notice constitutes acceptance of the updated Terms.

1.3 Mandatory Law Override

If any provision of these Terms conflicts with mandatory applicable law (including but not limited to FDA regulations, HIPAA, GDPR, DPDP 2023, or the EU AI Act), the applicable law shall prevail, and we will comply regardless of other provisions.

2. SERVICE DESCRIPTION

2.1 What Asha Is

Asha is standalone AI software (similar to a self-help book) that provides:

  • Health and wellness information based on peer-reviewed medical literature
  • Personalized insights derived from your provided health context
  • Educational content to support informed health decisions
  • Localized emergency resources when crisis situations are detected

2.2 Asha Has No Humans

IMPORTANT: Asha is entirely automated. There are:

  • No doctors, nurses, or healthcare professionals reviewing your conversations
  • No human supervisors monitoring your sessions
  • No staff members who will contact you or intervene
  • No human review of your data in real-time

Asha operates like an interactive self-help book -- it provides information, but cannot take action on your behalf, call anyone for you, or provide emergency services.

2.3 What Asha Is NOT

IMPORTANT - PLEASE READ CAREFULLY:

Asha is NOT:

  • A licensed healthcare provider or medical service
  • A crisis intervention service or emergency hotline
  • A substitute for professional medical advice, diagnosis, or treatment
  • A service with human staff who can help you

Asha cannot:

  • Call emergency services or anyone on your behalf
  • Contact your doctor, family, or friends
  • Prescribe medications or diagnose conditions
  • Monitor your health or check on you
  • Guarantee message delivery or response time

2.4 Regulatory Status (21st Century Cures Act Transparency)

CLINICAL DECISION SUPPORT TRANSPARENCY:

Asha functions as "Clinical Decision Support Software" under Section 520(o)(1)(E) of the U.S. Federal Food, Drug, and Cosmetic Act, as amended by the 21st Century Cures Act. To maintain this exemption from FDA regulation as a Medical Device, Asha:

  • Provides the underlying sources (citations) for all recommendations
  • Does not rely on opaque "black box" processing for critical outputs; all logic is verifiable via the provided sources
  • Is intended for you to independently review the basis of any recommendation
  • Does not acquire, process, or analyze medical images, signals, or patterns

By using Asha, you agree that you are competent to review these sources or will consult a qualified healthcare professional who can.

For users outside the United States: Similar exemptions may exist in your jurisdiction (e.g., EU MDR Article 2, India CDSCO MD Rules 2017 Schedule I). Asha is designed to meet the most stringent transparency requirements globally.

2.5 AI Technology Acknowledgment

Asha is powered by Large Language Models (LLMs) and vector retrieval systems. You acknowledge that:

  • AI can occasionally produce "hallucinations" -- information that is factually incorrect, incomplete, or based on outdated data -- despite our fiduciary commitments
  • Citations provided are for reference; the AI may occasionally misinterpret or misapply correctly cited sources
  • AI outputs require verification by qualified professionals before any clinical application

2.6 AI Knowledge Cutoff Disclaimer

The AI models powering Asha have training data cutoff dates. Medical knowledge, drug interactions, and clinical guidelines may have evolved since the model was trained. You acknowledge:

  • AI responses may reflect outdated medical knowledge
  • Recent drug approvals, recalls, or guideline updates may not be reflected
  • You are responsible for verifying currency of any medical information

2.7 Third-Party AI Providers

Asha uses third-party AI infrastructure (including Google Vertex AI) for response generation. DNAi Systems:

  • Pursues Business Associate Agreements with AI infrastructure providers where applicable
  • Does not control the internal operation of third-party AI models
  • Is not liable for failures, errors, or unavailability of third-party AI services
  • May change AI providers without notice, provided equivalent functionality is maintained

2.8 EU AI Act Transparency (Regulation 2024/1689)

For users in the European Union: Asha is designed to comply with the EU AI Act's transparency requirements. Specifically:

  • All outputs are clearly labeled as AI-generated
  • Asha is intended for informational purposes only, not medical diagnosis
  • Human oversight is required for all health decisions
  • You have the right to request human review of AI outputs

3. MEDICAL DISCLAIMER

3.1 Educational Purpose Only

All information provided by Asha is for educational and informational purposes only. The Service is designed to help you become a more informed participant in your own healthcare journey.

3.2 No Doctor-Patient Relationship

Use of Asha does not create a doctor-patient, therapist-patient, or any other healthcare provider relationship between you and DNAi Systems.

3.3 Professional Consultation Required

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or received from Asha.

3.4 Emergency Situations

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

  • GSM Mobile: 112 (works on most mobile networks worldwide)
  • US/Canada: 911
  • India: 112
  • UK: 999
  • Find your country: findahelpline.com

Asha cannot help in emergencies. Asha is software -- it cannot call anyone, send anyone to you, or take any action in the real world. If you are in crisis, please call real emergency services immediately.

4. OUR COMMITMENT TO YOU (Fiduciary Principles)

4.1 Evidence-Based Responses

We commit to providing responses grounded in peer-reviewed medical literature, clinical guidelines, and established medical knowledge. Every response includes citations to source materials.

4.2 Your Interests First

Asha is designed with your wellbeing as the primary objective. We do not:

  • Accept payments from pharmaceutical companies to promote products
  • Recommend treatments based on commercial interests
  • Share your health data with advertisers
  • Use your health information for purposes other than improving your experience

Important Clarification: Our fiduciary commitment is a self-imposed ethical framework and does not create a legally recognized fiduciary duty (such as that of a doctor, lawyer, or financial advisor) under statutory law.

4.3 Transparency

When Asha is uncertain, it will tell you. When evidence is limited, conflicting, or evolving, Asha will disclose this uncertainty rather than present information with false confidence.

4.4 Privacy by Design

Your health information is treated with the highest level of care. See our Privacy Policy for complete details on data handling.

5. USER RESPONSIBILITIES

5.1 Accurate Information

You agree to provide accurate and complete information about your health context to receive relevant guidance.

5.2 Independent Verification

You are responsible for verifying any information provided by Asha with qualified healthcare professionals before making health decisions.

5.3 Appropriate Use

You agree to use Asha for its intended purpose as an educational wellness companion and not as a replacement for professional medical care.

5.4 Age Requirement

You must be at least 13 years old to use Asha. Users under 18 are encouraged to discuss health concerns with a parent, guardian, or trusted adult. We do not knowingly collect personal information from children under 13.

6. DATA PRIVACY

6.1 Security Measures

We implement industry-standard security measures including:

  • TLS 1.3 encryption for all data in transit
  • Encryption at rest for stored data
  • Access controls and audit logging

6.2 Data Use

Your data is used to:

  • Provide personalized wellness guidance
  • Improve service quality and accuracy
  • Maintain conversation history for continuity

6.3 Data Retention

Conversation history is retained to provide continuity of care. You may request deletion of your data at any time by contacting support.

6.4 Data Export Rights (21st Century Cures Act Compliance)

In compliance with the 21st Century Cures Act's information blocking provisions, you have the right to:

  • Export your data in a computable, machine-readable format (JSON)
  • Access your complete conversation history at any time
  • Transfer your data to another service provider
  • Receive data within 30 days of a valid request

We will not artificially restrict, delay, or obstruct your access to your own health information except where required by law.

6.5 Research Contribution (Opt-In Only)

Your personal health data and conversations will NOT be used to train AI models without your explicit, affirmative consent.

DEFAULT: OFF

You may voluntarily opt-in to contribute de-identified data to improve Asha via the "Research Contribution" setting in your profile. If you choose to contribute:

  • De-identification: All identifying information is removed using CIVERA protocols before any data is used
  • Revocable: You may withdraw consent at any time; previously contributed data will be removed from training within 30 days
  • Transparent: You can preview what data would be contributed before opting in
  • No Impact: Asha works identically whether you contribute or not

We will NEVER use dark patterns, pre-checked boxes, or confusing language to obtain your consent. Your choice is respected.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DNAI SYSTEMS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

7.1 Liability Cap

OUR TOTAL AGGREGATE LIABILITY in connection with your use of the Service shall not exceed the greater of: (a) the amount you have paid us in the twelve (12) months preceding the event giving rise to liability, or (b) USD $100.

7.2 Exceptions to Liability Limitations

The limitations above do NOT apply to:

  • Gross negligence or willful misconduct by DNAi Systems
  • Fraud or intentional misrepresentation
  • Death or personal injury caused by our negligence (where liability cannot be excluded)
  • Liability that cannot be excluded under applicable mandatory law

7.3 AI Limitations

You acknowledge and agree that:

  • Asha may produce incorrect, incomplete, or outdated information
  • Asha cannot guarantee accuracy, availability, or timeliness
  • Asha is software without the ability to take real-world actions
  • Any health decisions you make based on Asha's output are your own responsibility

7.4 Self-Help Tool Analogy

Asha is analogous to a self-help book. Just as the author of a self-help book is not responsible for how readers interpret or apply the information, DNAi Systems is not responsible for decisions you make based on Asha's output.

7.5 "AS IS" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, 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 SECURE.

7.6 Indemnification

You agree to indemnify, defend, and hold harmless DNAi Systems, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Health decisions you make based on Asha's output
  • Data you provide that is inaccurate, misleading, or harmful

8. DISPUTE RESOLUTION

8.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the use of Asha shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or by a mutually agreed arbitration body in your jurisdiction.

8.2 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.You waive any right to participate in a class action lawsuit or class-wide arbitration.

8.3 Exceptions

This arbitration agreement does not apply to:

  • Small claims court actions (where permitted by law)
  • Disputes regarding intellectual property rights
  • Emergency injunctive relief

8.4 Consumer Protection

Nothing in this section limits your rights under mandatory consumer protection laws in your jurisdiction (including the Indian Consumer Protection Act 2019, EU consumer directives, or U.S. state consumer protection statutes).

9. GOVERNING LAW AND JURISDICTION

9.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

9.2 Service Availability

Asha is intended for use in jurisdictions where its operation is permitted by law. By using Asha, you represent that:

  • You are accessing the Service from a location where it is legal to do so
  • You are responsible for compliance with local laws regarding health information
  • You will not use Asha in violation of any applicable regulations

9.3 International Users

If you access Asha from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. Additional protections may apply:

  • EU/EEA: GDPR data protection rights
  • India: DPDP 2023 and Consumer Protection Act 2019
  • Other jurisdictions: Applicable local consumer and data protection laws

10. SERVICE SUSPENSION AND TERMINATION

10.1 Kill Switch / Emergency Suspension

DNAi Systems reserves the right to immediately suspend or terminate the Service (in whole or in part) without prior notice if:

  • Required by law, regulation, or court order
  • Required by a regulatory body (including FDA, FTC, HHS, or equivalent international authority)
  • Necessary to prevent harm to users, third parties, or infrastructure
  • We reasonably determine that continued operation presents material legal or safety risk
  • The Service is reclassified as a regulated medical device

You agree that we shall have no liability for any such suspension or termination made in good faith compliance with legal or safety obligations.

10.2 Account Termination by User

You may terminate your account at any time by contacting [email protected]. Upon termination, your data will be deleted within 30 days unless retention is required by law.

10.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Sections that by their nature should survive (including Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law) shall survive termination.

11. FORCE MAJEURE AND REGULATORY UPDATES

11.1 Force Majeure

DNAi Systems shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, power failure, internet outages, or third-party service failures.

11.2 Regulatory Changes

If any law, regulation, or authoritative guidance changes in a way that materially affects the Service (including FDA classification, EU AI Act requirements, or data protection laws), we may modify the Service or these Terms to comply. Such changes may include:

  • Suspending or modifying specific features
  • Restricting availability in certain jurisdictions
  • Updating data handling practices
  • Adding required disclosures or consent mechanisms

12. GENERAL PROVISIONS

12.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed. The remaining provisions shall continue in full force and effect.

12.2 Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and DNAi Systems regarding the Service. This agreement supersedes all prior agreements, understandings, or representations regarding the subject matter.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by DNAi Systems.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or successor entity in connection with a merger, acquisition, or sale of assets.

12.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Only you and DNAi Systems may enforce these Terms.

13. CONTACT INFORMATION

For questions about these Terms, please contact us at:
Email: [email protected]
General Inquiries: [email protected]
Website: https://askasha.org

Company: DNAi Systems
Principal: Deepan Singh
Jurisdiction: Delaware, United States

For data protection inquiries (GDPR/DPDP 2023), contact: [email protected]