Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using Makalu Health's website, platform, products, services, or applications (collectively, the "Services"), you agree to comply with and be bound by these Terms.

If you have questions, comments, or concerns regarding these Terms or our Services, please contact us at:

Email: [email protected]

Address: 181 Front Street, Brooklyn NY 11211

These Terms constitute a binding contract between you and Makalu Health ("Makalu Health," "we," "us," and "our"). They include provisions in this document as well as those in our Privacy Policy, Copyright Dispute Policy, Equal Employment Policy, and AI Anti-Discrimination Policy. Your use of specific Services may also be subject to additional policies which are incorporated by reference.

Please review these Terms carefully. They cover important information about the Services we provide, including AI-powered recruitment communications via text messaging, phone calls, and other channels. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Changes to These Terms

We are constantly enhancing our Services to better support healthcare recruitment, so these Terms may need to change as our Services evolve. We reserve the right to modify these Terms at any time, but if we do, we will place a notice on our website, send you an email, and/or notify you through other means.

If you don't agree with the new Terms, you are free to reject them; however, this means you will no longer be able to use the Services. Continued use of the Services after a change to the Terms constitutes your acceptance of the changes.

Except for changes made by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Privacy Policy

Makalu Health takes the privacy of its users—especially healthcare professionals and recruiters—very seriously. For our current Privacy Policy, please click here.

Our Privacy Policy addresses how we collect, use, and share information in connection with our AI-powered recruitment Services, including our specific practices regarding text messages, phone calls, and other communications with healthcare professionals.

Using Makalu Health

You may be required to create an account, select a password and username ("Makalu Health ID"), and provide certain information, such as your contact information and healthcare recruitment needs. You promise to provide accurate, complete, and updated registration information. You may not select a username that impersonates someone else or that you don't have the right to use. Account transfers require our prior written permission.

Healthcare organizations and recruiters may be able to access certain features of the Services using credentials from other services (each, a "Third Party Account"), such as those offered by Google and Microsoft. By using the Services through a Third Party Account, you permit us to access necessary information from such accounts for use by the Services. You can control information access by adjusting privacy settings on your Third Party Account.

You represent that you are legally authorized to use the Services and can form a binding contract. If you're agreeing on behalf of an organization (such as a healthcare facility or recruiting agency), you confirm you have the authority to bind that organization to these Terms.

Communications and Automated Messaging

As part of our Services, you may receive communications through various channels, including messages that our AI system sends on your behalf (for example, via email, SMS, or automated phone calls). When signing up for the Services, you will receive instructions on managing these communications.

By using our Services as a recruiter or healthcare organization, you confirm that you want Makalu Health to contact healthcare professionals on your behalf through automated means, which may include using AI technology to engage with clinicians via text, phone calls, and other channels. You represent and warrant that you have obtained all necessary consents from healthcare professionals before providing their contact information for recruitment purposes, and that they have consented to receive communications from automated systems.

Healthcare Clinician Engagement

Our Services include AI-powered engagement with healthcare professionals for recruitment purposes. When using these Services:

1. You must ensure that all healthcare professional contact information you provide has been legally obtained.
2. You must have a legitimate business relationship with, or consent from, the healthcare professionals you aim to contact.
3. You must honor opt-out requests promptly.
4. Communications made on your behalf must comply with all applicable healthcare privacy regulations, including HIPAA where applicable.
5. You acknowledge that you are ultimately responsible for compliance with all healthcare recruitment regulations.

Service Fees and Payment Terms

Certain features of our AI recruitment platform are subject to payment. Please see our Pricing page for current Paid Services. Payment terms presented during signup are part of these Terms.

We use third-party payment processors to bill you through your Billing Account. Payment processing is subject to the processor's terms and privacy policy. We are not responsible for payment processor errors. By choosing Paid Services, you authorize charges to your selected Payment Method according to the applicable terms.

Account Termination

You may terminate your account at any time by contacting [email protected]. Please refer to our Privacy Policy regarding how we treat information after account termination.

Makalu Health may terminate or suspend your account for any reason, including Terms violations. Account termination may result in the destruction of associated content, so consider this before terminating.

If you've deleted your account by mistake, contact us immediately—we'll try to help, but we can't guarantee recovery.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, THE MAKALU HEALTH PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR COMPUTER FAILURE, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE-HUNDRED ($100) DOLLARS OR THE AMOUNTS PAID TO MAKALU HEALTH IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Contact Us

If you have any inquiries or requests concerning our Terms of Service, please feel free to contact us:

Email: [email protected]

Mailing Address: 181 Front Street, Brooklyn NY 11211