Health information uses are described in a separate Notice of Privacy Practices
This agreement does not itself set out how the Practice uses and discloses your protected health information. It says those details are in the Practice's Notice of Privacy Practices, which the agreement links to.
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Your Protected Health Information
Details of how Practice uses and discloses your protected health information are set out in Practice’s Notice of Privacy Practices
Not stated here
The Notice of Privacy Practices is linked but its text is not part of this document, so what health information is collected, used or disclosed, and to whom, is not stated here.
Use & Processing · Company practice
Care is delivered with AI Technology, including third-party language models
The Practice says it will provide Care using artificial intelligence technology ("AI Technology"), which relies on the band and software WHOOP provides as tailored and modified by the Practice for the program. Some components, including third-party large language models, let you submit queries or other prompts, and the AI Technology generates and returns content, recommendations, data or other information ("Output"). The agreement describes AI Technology as new and evolving.
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Technology-Supported Care
Practice will provide Care using artificial intelligence technology (“AI Technology”), which relies upon the band and software provided by WHOOP as tailored and modified by Practice for the WHOOP Connected Care Program.
Certain components of AI Technology, including third-party large language models, allow you to submit queries or other prompts, and the AI Technology will generate and return to you content, recommendations, data, or other information (“Output”).
AI Technology is new and evolving.
Not stated here
Which third-party large language models are used, what information from your band, account or prompts is sent to them, and whether it is kept or used for training are not stated in this agreement.
The text does not say whether or how a clinician reviews Output before it reaches you.
Use & Processing · Restriction or exception
You acknowledge a list of limitations of AI Technology and its Output
You acknowledge and agree that, in addition to the limits elsewhere in the agreement, AI Technology and its Output have numerous limitations. The listed limits are that Output may contain errors or misleading information and may not be accurate or reliable; the technology rests on predefined rules and algorithms and can produce repetitive or formulaic content; it can misread language such as slang, idioms and cultural references; it lacks emotions and may lack empathy; it can perpetuate biases in its training data and produce discriminatory or offensive Output; it can struggle with complex tasks needing reasoning, judgment and decision-making; it needs large amounts of data to train and that data may be poor or biased, harming accuracy and quality; and Output can lack a personal touch and seem cold or impersonal.
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You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI Technology and the Output that it generates
(i) it may contain errors or misleading information and may not be accurate or reliable
(v) AI Technology can perpetuate biases that are present in the data used to train it, which can result in Output that is discriminatory or offensive
(vi) AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making
(vii) AI Technology requires large amounts of data to train and generate content, and the data used to train AI Technology may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output
Qualifications & exceptions
The acknowledgement is stated as additional to the limitations and restrictions elsewhere in the agreement.
Use & Processing · Restriction or exception
AI is not a human, responses are not guaranteed and may be incorrect
You acknowledge and agree that AI Technology is not a human and is not a replacement for human interaction and advice. You also acknowledge that the Practice does not guarantee that any responses will be helpful or accurate, and that generative AI technology is known to hallucinate or otherwise provide incorrect answers.
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YOU ACKNOWLEDGE AND AGREE THAT AI TECHNOLOGY IS NOT A HUMAN AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE.
PRACTICE DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE
GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS
Use & Processing · User right or choice
Output is informational and you must use independent judgment and your regular physician
You acknowledge that AI Technology is a tool and resource intended only as a supplement to your independent confirmation and judgment and to consultation with your regular physician or other qualified healthcare provider. You will use independent judgment and discretion before relying on or otherwise using Output. Output is for informational purposes only and is not a substitute for advice from a qualified professional.
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YOU UNDERSTAND THAT THIS IS A TOOL AND RESOURCE BUT IS INTENDED ONLY AS A SUPPLEMENT TO YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH YOUR REGULAR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER
You will use independent judgment and discretion before relying on or otherwise using Output.
Output is for informational purposes only and is not a substitute for advice from a qualified professional.
Not stated here
The agreement does not say whether Output that the Practice's clinicians have reviewed is covered by the statement that Output is not a substitute for advice from a qualified professional.