DUOS | Terms of Service

DUOS Terms of Service

Effective Date: May 1, 2023

Last updated: April 23, 2026

Welcome!

DUOS Living, Inc. (“DUOS”) is a leading digital health company that empowers individuals to achieve optimal health and improve their financial well-being. Established in 2020, DUOS is reimagining the future of aging by engaging and connecting people with essential resources. DUOS’ innovative SaaS solution and activation campaigns seamlessly integrate an otherwise fragmented network of government programs and insurance benefits, enhancing the continuum of care while delivering a cohesive and accessible experience. By prioritizing equitable access to social services and preventive care, DUOS aims to address the diverse needs of our aging population. Whether it be connecting individuals to their plan benefits, scheduling rides to doctor appointments, enrolling in medication delivery, or applying for food assistance programs, and so much more!

Older adult users (“Member” or “Members”), healthcare providers, health plans, employers and/or insurance providers (“Member Network”) and all other users including family members or caregivers (all of which taken together may collectively be referred to as “User” or “Users”), are all bound by this DUOS Terms of Service (“Terms”) and the DUOS Privacy Policy (“Privacy Policy”).

You agree that by using our services, accessing our website (“Website”) and/or mobile application (“Mobile App”) (collectively, the “Services”), you hereby consent to be bound by these Terms. Please carefully read the following sections:

1. DUOS Does Not Provide Medical Advice

DUOS DOES NOT DISPENSE MEDICAL, DIAGNOSIS, OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID, OR DELAY GETTING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR LEARNED FROM THE SERVICES OR HEARD FROM YOUR ASSIGNED DUO. THE INFORMATION, FEATURES, AND TOOLS MADE AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONVERSATIONS YOU HAVE WITH YOUR ASSIGNED DUO, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS.

2. Your Representations.

By using the Services, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms. Parts of the Services may be accessed only by registering for an account and creating a password. You will keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.

You agree not to use the Services to:

Without our prior written consent, you agree not to:

We may terminate or disable your access to these Services for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms.

3. Fees; Automatic-Payment; No Refunds.

By accepting these Terms, you agree to pay all applicable fees due for your access to and any purchases made on or through the Services. Members, who access the Services separate from a DUOS client (health plan, employer, or other entity), will pay the applicable monthly, recurring fee. The Member hereby consents to DUOS charging the payment method on file with DUOS for the monthly recurring fee each month, unless such Member provides DUOS with at least thirty (30) days’ prior, written notice of its intent not to renew the Services. Further, the Member consents to DUOS’ collection of certain third party service fees (including from any Third Party Service (as defined in Section 5) from the Member, where the Member has requested that the Duo and/or DUOS organize certain Third Party Services on the Member’s behalf (e.g., a Duo gets you an Uber or pays for your groceries using Instacart). DUOS will pass through any such Third Party Service fees to the Member, as reflected on the applicable invoice.

Please note that all fees paid for your access to the Services are non-refundable. You acknowledge and agree that under no circumstances will you be remitted a refund or otherwise provided any kind of credit or reimbursement of fees. Where the Member accesses the Services pursuant to his/her health plan, the Member should review his or her applicable plan rules and policies regarding payment, deductibles, premiums and what is/is not covered under such plan. DUOS is not responsible for any plan refusal to remit payment for the Services provided and in the event that any health plan fails to pay the applicable fees, the Member shall become responsible for such fees.

4. Mobile App Terms

The Mobile App portion of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., the Apple AppStore (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the Mobile App. By using the Mobile App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform.

The Third Party Platform will have no warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DUOS. DUOS, not the Third Party Platform, is responsible for addressing any claims you or any third party may have relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims. The Third Party Platform is a third party beneficiary of this Agreement, and, upon your acceptance of these Terms, the Third Party Platform from whom you obtained the Mobile App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

5. Third Party Services.

As part of our Services, we may provide assistance and coordination to Members related to Member purchases of third party services that may not be part of your health plan, including property management services, grocery delivery or car rides (each, a “Third Party Service”). You consent to DUOS connecting you with Third Party Services where we may disclose some information about you, such as your name, requirements and contact information. If you or DUOS identifies such Third Party Services, and DUOS coordinates on your behalf, you consent to the above disclosure and consent to receive communications from such providers in the form of phone calls, SMS texts and/or emails. When engaging in, or scheduling, such Third Party Services, you consent to and may receive more calls and/or texts, from such providers than may be in excess of the number of calls permitted each week without consent under HIPAA or TCPA rules. Please remember, you may opt out of Third Party Services at any time by sending an opt-out notice to: support@getduos.com.

If you choose to or purchase a Third Party Service, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Third Party Service, including certain fees as further described above in Section 3 (Fees; Automatic Payments; No Refunds).

Descriptions and images of, and references to, Third Party Services does not imply DUOS’ endorsement of such products or services. DUOS is not responsible and shall have no liability whatsoever for goods or services you obtain through Third Party Services. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

6. Terms Specific to the Member Network.

If you are a part of the Member Network utilizing the Services, you understand and acknowledge that your extent of visibility into a Member’s information and your use of the Services with respect to any Member, is determined by the Member. DUOS is unable to provide you with access to a Member’s information, except where such Member has expressly provided his or her consent to such access. To the extent that a Member grants you access to his or her information and/or data, you hereby agree and acknowledge, and further represent and warrant to DUOS that you shall use such information and/or data about a Member in accordance with all laws and regulations and only to the extent permitted by such Member.

7. Intellectual Property.

DUOS owns all right, title, and interest, including all related intellectual property rights, in and to the Services. This Agreement does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by DUOS and names, logos, and product names associated with the Services are trademarks or service marks of DUOS or third parties, and no right or license is granted to any User to use them.

You hereby give DUOS a royalty-free, worldwide, sub-licensable, transferable license to copy or use in any manner any content or information you upload to the Services, subject to these Terms and our Privacy Policy. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Services are non-confidential and shall become the sole property of DUOS. DUOS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Disclaimers.

We reserve the right to change any and all content within the Services and any service offered through the Services at any time without notice.

We provide the Services “AS IS” and assume no responsibility for any failure to provide the Services to you. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Services or any products or related services available through the Services at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Services, including injury or damage to Members or to any other person’s devices related to or resulting from use of the Services.

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Services. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, and that to the fullest extent permitted by law, we EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.

9. Limitation of Liability.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL DUOS OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY OF CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF ANY OF US ARE AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE SERVICES AT ISSUE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

10. Governing Law, Mandatory Arbitration & Class Action Waiver.

Governing Law. By using the Services, you agree that these Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.

Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Services or to any other aspect of your relationship with DUOS will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or DUOS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior Agreement.

Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor DUOS can force the other to arbitrate. To opt out, you must notify DUOS in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your DUOS username (if any), the email address you used to set up your DUOS account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: support@getduos.com. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

11. Additional Terms for California Residents

If you are a California resident, you waive to the maximum extent permitted by law California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

12. SMS Messaging Terms

By providing your mobile phone number and using the Services, you agree to receive SMS messages, including transactional and marketing messages, from DUOS or its service providers. Standard message and data rates may apply to any messages sent by us or by you. You are responsible for any fees charged by your wireless provider related to text messaging, and should contact your provider with any questions regarding text messaging rates and data plans. Please note that SMS messaging is not available in all areas, and not all mobile devices or handsets may be supported.

13. Changes to these Terms of Service

From time to time, we may update these Terms and changes will be reflected in an updated Terms of Service that will be posted on the Website. All changes will be effective upon such posting or upon any later date specified by us in writing. We encourage you to periodically review this page. You can determine when the Terms were last revised by referring to the "Last Updated" date at the top of the Terms of Service.

14. General Provisions

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DUOS without restriction.

Entire Agreement. This Agreement, together with the Privacy Policy and any other policies linked to in this Agreement, constitute the entire and exclusive understanding and agreement between you and DUOS regarding your use of and access to the Services.

Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall be given effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and DUOS’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Copy/Save Agreement. You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all disclosures electronically sent via email or posted on or through the Services.