No. 01

Accept or Uninstall: When Your Health Depends on Clicking 'I Agree'

Glucose monitor users reportedly faced a mandatory terms update covering AI data use and arbitration. Here's why 'accept or uninstall' isn't real consent, what terms of service usually hide, and how to protect yourself.

The Tea the short version

  • Dexcom app users reportedly saw a terms update that said to uninstall if they didn't agree.
  • The update reportedly covered AI-feature data use, mandatory arbitration and class action waivers.
  • When an app manages your health, 'accept or leave' isn't really a choice.
  • Use the four-minute terms check below before you click.

I teach a masterclass called "Before You Click Accept: The Hidden Risks of AI." I usually open it by asking the room: When was the last time you read the terms before clicking "I agree"?

Nobody raises a hand. Ever.

This month gave me a new example I'll be using for a long time.

What happened

According to AI Weekly, people who use Dexcom continuous glucose monitors opened the app and got a mandatory terms update. One type 1 diabetic reportedly found her glucose reading blocked by a screen with two options, "CONTINUE" or "View Agreements," and a line that said: "Please uninstall app if you don't agree."

The update reportedly covered three things:

  • Language about using data for AI-powered features
  • Changes to how people may use the app
  • Revisions to arbitration and dispute resolution, including class action waivers

Dexcom said publicly that its privacy policy hadn't changed and that it "does not sell private data to third parties without consent" (AI Weekly). The same report noted that a separate class action over an alleged data breach had been filed against the company days earlier.

I'm not here to pile on one company. I'm here because this is a perfect picture of a problem that's everywhere.

Consent means you have a real choice. A real choice means you can say no and still be okay.

When the app is how you see your blood sugar, saying no isn't okay. It's dangerous. So the "choice" becomes: agree to whatever we wrote, or put your health at risk.

That's not consent. That's leverage.

Washington's Attorney General named this exact problem in the state's first Data Privacy Report: consent that's "confusing, bundled, or buried in privacy policies that people are unlikely to read," and interfaces that "steer" people toward whatever the company wants (Ashurst Perkins Coie summary).

The three phrases to look for

Most terms of service are long on purpose. But the parts that matter usually hide in a few phrases. Learn these three, and you'll read terms differently forever.

1. "Arbitration" and "class action waiver" This means if something goes wrong, you can't take the company to court, and you can't join with other people who were harmed. Instead, you go to private arbitration, one person at a time. For most people, that means you'll never bother.

Look for an opt-out window. Many arbitration clauses let you opt out by mail or email within 30 days. AI Weekly reported that Dexcom's contract includes a 30-day window to reject changes by emailing its legal department. Windows like that are easy to miss and worth using.

2. "To improve our services" or "to develop new features" This is often where AI training lives. It can mean your data is used to build products well beyond the one you signed up for. Ask: improve which services? Using what data?

3. "Partners," "affiliates" and "service providers" This is who else gets your data. Sometimes it's harmless, like the company that hosts their servers. Sometimes it's an advertising network. The terms rarely name names, but the privacy policy sometimes does.

Your health data has extra protection in Washington

If you live in Washington, you have the My Health My Data Act, one of the strongest health-data laws in the country. It covers health data that HIPAA doesn't, including data from apps and devices, and requires companies to get your consent before collecting or sharing it (Proskauer). Companies covered by it must post a consumer health data privacy policy, and you can ask what they've collected and ask them to delete it.

I'm not saying any specific company broke this law. I'm saying you have rights, and most people don't know it.

The four-minute terms check

Next time an app pops up new terms, give it four minutes before you click:

  1. Search the page (Ctrl+F or "Find on Page") for: arbitration, opt out, AI, train, third part, sell.
  2. Look for a deadline. If there's an opt-out window, put it on your calendar today.
  3. Check the date. Does the terms page on the website match what the app showed you? If not, screenshot both.
  4. Save a copy. Screenshot or print to PDF what you agreed to, with the date.

And if it's a health app you depend on: don't uninstall in protest without a backup plan. Talk to your doctor or care team first. Your health comes before making a point.

For businesses writing terms

If you run a business with an app, a membership, or a sign-up form, here's my ask: write your terms like you'd explain them to your grandmother. Put the big changes on the first screen, in plain words. Give people a real way to say no. Trust is cheaper to keep than to rebuild.

Pour me another: What's the worst "I agree" screen you've ever seen? Send it to me through the contact form. I might feature it (anonymously) in a future class.

Sip slow, stay curious.D

Receipts 3 sources cited in this post
  1. AI Weekly aiweekly.co
  2. Ashurst Perkins Coie summary ashurstperkinscoie.com
  3. Proskauer proskauer.com
Dei’Marlon “D” Scisney

Your host

Dei’Marlon “D” Scisney

Founder & Principal Data Engineer, The Data Guys™

Data engineer, teacher and civic technologist. Vice-Chair of Seattle’s Community Technology Advisory Board. Raised by his grandmother in Evansville, Indiana; building community technology centers in Seattle’s Central District and back home in Evansville.

I am not a lawyer, and nothing here is legal advice. Facts were current when this was written, and every claim links to its source. Spot something that has changed? Tell me and I’ll update it.

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