Terms of Use

1Acceptance of These Terms

These Terms of Use (“Terms”) govern access to and use of https://www.pencilhealth.com, its public pages, search functions, previews, and related online features (collectively, the “Website”) operated by PENCIL Health, LLC, doing business as PENCIL Health (“PENCIL Health,” “we,” “us,” or “our”). By accessing or using the Website, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website.

Paid memberships, professional accounts, staff accounts, annual renewals, and licensed use of PENCIL Care Plans are also governed by the PENCIL Health Membership Agreement accepted during enrollment. The Membership Agreement controls if it conflicts with these Terms on a membership, billing, renewal, account, or content-license issue.

2Intended Users and Eligibility

The Website contains information about professional educational tools and written care-plan workflows. Public portions may be viewed by visitors, but membership features are intended for licensed healthcare professionals, approved healthcare organizations, and authorized practice personnel. You must be at least 18 years old and legally able to enter contracts to create an account or purchase a membership.

You must provide accurate, current information and may be required to verify your email, professional credentials, organization, or authority to act for an organization. PENCIL Health may approve, deny, suspend, or restrict enrollment where reasonably necessary for eligibility, security, legal, sanctions, geographic, or business reasons.

3Educational Purpose; No Medical Services

PENCIL Health provides educational content and workflow tools. PENCIL Health does not practice medicine, diagnose or treat any person, prescribe treatment, provide patient-specific medical advice, supervise a healthcare professional, establish a clinician-patient relationship, or provide emergency services. Website content and previews are not a substitute for professional judgment, direct patient communication, informed consent, documentation, or applicable standards of care.

Public visitors should not use Website content to diagnose, treat, or make medical decisions for themselves or another person. Contact an appropriate licensed healthcare professional with medical questions. Call 911 or the applicable local emergency number for an emergency.

4No Patient Information

DO NOT ENTER, UPLOAD, STORE, OR TRANSMIT PATIENT NAMES, CONTACT INFORMATION, MEDICAL RECORD NUMBERS, DATES OF BIRTH, IMAGES, CLINICAL RECORDS, OR OTHER INFORMATION THAT IDENTIFIES OR COULD REASONABLY IDENTIFY A PATIENT THROUGH THE WEBSITE OR PLATFORM.

The Website is not a patient portal, electronic health record, patient messaging service, or repository for patient information. If a member prints or downloads a general care plan and later adds patient information outside the PENCIL Health platform, that separate activity is controlled by the member and is outside PENCIL Health’s Services.

5Accounts and Security

You are responsible for maintaining the confidentiality of your login credentials and for activity under your account. Accounts and staff logins must be individually assigned and may not be shared. You must promptly update account information, deactivate former personnel, and notify penciladmin@pencilhealth.com of suspected unauthorized access. We may require email verification, reset credentials, or temporarily restrict access to protect the Website or its users.

6Public Website License

Subject to these Terms, PENCIL Health grants you a limited, revocable, non-exclusive, non-transferable license to view public Website pages for lawful informational and evaluation purposes. Public access, search results, blurred or partial previews, and free examples do not grant a license to reproduce, publish, distribute, commercialize, or build a competing library from PENCIL Health content. Member content rights are defined only by the Membership Agreement.

7Prohibited Conduct

You may not, directly or indirectly:

• copy, reproduce, republish, sell, sublicense, syndicate, or commercially redistribute Website content except as expressly authorized in writing;
• scrape, crawl, harvest, bulk-download, data-mine, index, or use automated means to extract content except through functionality expressly provided by PENCIL Health;
• use Website content, care plans, or platform output to train, fine-tune, benchmark, evaluate, or populate an artificial intelligence system, language model, competing care-plan library, or competing product;
• circumvent previews, blurring, paywalls, authentication, rate limits, download limits, or other access controls;
• reverse engineer, decompile, disassemble, probe, scan, test vulnerabilities, introduce malicious code, interfere with service, or attempt unauthorized access;
• share credentials, impersonate another person, misrepresent licensure or authority, or create accounts through deceptive or automated means;
• use the Website unlawfully, outside applicable professional scope, to infringe rights, or to transmit harmful, deceptive, defamatory, or abusive material; or
• suggest that PENCIL Health endorses you, guarantees your care, or assumes responsibility for your professional decisions.

8Intellectual Property

The Website, PENCIL Care Plans, PENCIL Framework materials, platform design, software, workflows, text, selection and arrangement of content, graphics, and related materials are owned by or licensed to PENCIL Health and are protected by applicable copyright, trademark, and other intellectual-property laws. PENCIL Health™ is a trademark of PENCIL Health, LLC. Do not use the PENCIL Health name, mark, logo, or confusingly similar designation except as allowed by the Content, Licensing, and Trademark Policy or written permission.

9Third-Party Services and Links

The Website may use or link to third-party services, including Stripe for payment processing, Resend for transactional email, Google Analytics for measurement, hosting providers, and other infrastructure vendors. Third parties operate under their own terms and privacy practices. PENCIL Health is not responsible for third-party websites, products, availability, or conduct except to the extent liability cannot lawfully be excluded.

10International Access

The Website is operated from Arizona, United States. Content may be based primarily on United States sources, terminology, products, professional practices, and legal requirements. PENCIL Health does not represent that content is appropriate, available, approved, or legally compliant in every jurisdiction. International users are responsible for reviewing content for local laws, licensing rules, professional standards, medication and product availability, language, culture, and clinical practice before use.

PENCIL Health may limit or discontinue access, transactions, features, or content in a country or territory. You are responsible for applicable taxes, duties, currency conversion, and other charges identified during checkout or imposed by law.

11Website Changes and Availability

We may update, correct, replace, suspend, or discontinue Website content or functionality. We do not guarantee that the Website will be uninterrupted, error-free, secure, complete, or compatible with every device. Downloaded or printed content does not automatically update.

12Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PENCIL HEALTH DISCLAIMS EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, SECURITY, AND RESULTS.

References to content as evidence-based describe an intended editorial approach and are not a warranty that every statement is exhaustive, current at all times, error-free, or appropriate for a particular person, patient, country, or clinical situation.

13Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PENCIL HEALTH AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, GOODWILL, DATA, OR OPPORTUNITY; OR CLAIMS ARISING FROM CLINICAL DECISIONS, PATIENT CARE, RELIANCE ON PUBLIC CONTENT, OR UNAUTHORIZED USE.

For claims governed only by these public Website Terms and not by the Membership Agreement, the aggregate liability of the PENCIL Health parties will not exceed one hundred U.S. dollars ($100). These limitations do not apply to liability that applicable law does not permit to be limited or excluded.

14Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the PENCIL Health parties from third-party claims, damages, losses, liabilities, and reasonable attorneys’ fees arising from your unlawful use, prohibited conduct, infringement, violation of these Terms, or clinical or patient-care decisions. This section does not apply to the extent prohibited by applicable law.

15Governing Law and Venue

These Terms are governed by Arizona law, without regard to conflict-of-laws rules, except to the extent mandatory law of another jurisdiction applies and cannot lawfully be waived. Any action arising from these Terms or the Website must be brought in the state courts located in Maricopa County, Arizona, or the United States District Court for the District of Arizona, except where applicable mandatory law requires otherwise.

16Changes; Severability; Contact

We may update these Terms by posting a revised version and effective date. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. No waiver is continuing unless stated in writing. Questions may be sent to penciladmin@pencilhealth.com or PENCIL Health, LLC, 10117 N 92nd St Ste 101, Scottsdale, AZ 85255.