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Terms of Service

Last Updated: January 11, 2025

These Terms of Service ("Terms") govern your access to and use of the MediMindLab website (www.medimindlab.com) and the MediWing application (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Important Medical Disclaimer

MediWing and our Services provide educational information only and are NOT a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information provided by our Services.

1. Acceptance of Terms

By creating an account, accessing our website, or using MediWing, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

2. Eligibility

You must meet the following requirements to use our Services:

  • You must be at least 18 years old
  • You must have the legal capacity to enter into a binding agreement
  • You must provide accurate and complete information when creating an account
  • Your use of the Services must comply with all applicable laws and regulations

3. User Accounts

3.1 Account Creation

To access certain features of MediWing, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate and current
  • Keep your account credentials secure and confidential
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. You may terminate your account at any time by contacting us.

4. Use of Services

4.1 Permitted Use

You may use our Services for lawful, personal, non-commercial purposes to:

  • Upload and analyze medical documents for educational purposes
  • Access plain-language explanations of medical information
  • Gain better understanding of your health information

4.2 Prohibited Use

You agree NOT to:

  • Use the Services for medical diagnosis, treatment decisions, or emergency situations
  • Rely solely on information from our Services without consulting a healthcare professional
  • Upload documents that do not belong to you or that you do not have permission to use
  • Violate any applicable laws, regulations, or third-party rights
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the operation of the Services
  • Use automated tools (bots, scrapers) to access the Services without permission
  • Reverse engineer, decompile, or attempt to extract source code
  • Remove or modify any copyright, trademark, or proprietary notices
  • Use the Services to transmit viruses, malware, or harmful code

5. Medical Disclaimer and Limitations

5.1 Not Medical Advice

MediWing is an educational tool, not a medical device or diagnostic tool. The information provided by our Services:

  • Is for informational and educational purposes only
  • Does not constitute medical advice, diagnosis, or treatment
  • Should not be used as a substitute for professional medical judgment
  • May contain errors, inaccuracies, or be out of date
  • Is not tailored to your specific medical situation or history

5.2 AI Limitations

MediWing uses artificial intelligence to analyze medical documents. AI technology has limitations and may:

  • Produce inaccurate, incomplete, or misleading information
  • Misinterpret medical terminology or context
  • Fail to identify critical medical information
  • Provide information that conflicts with your healthcare provider's advice

5.3 Emergency Situations

Do not use MediWing for medical emergencies. If you are experiencing a medical emergency, call 911 (or your local emergency number) or go to the nearest emergency room immediately.

6. User Content and Data

6.1 Your Content

You retain ownership of the medical documents and information you upload ("User Content"). By uploading User Content, you grant us a limited license to process, analyze, and store your content solely for the purpose of providing our Services.

6.2 Content Restrictions

You are solely responsible for your User Content and warrant that:

  • You have the right to upload and share the content
  • The content does not violate any laws or third-party rights
  • The content does not contain viruses or malicious code

6.3 Data Privacy

We handle your health information in accordance with HIPAA and our Privacy Policy. However, you acknowledge that no electronic transmission or storage is 100% secure.

7. Intellectual Property

7.1 Our Property

The Services, including all content, features, functionality, software, and design, are owned by MediMindLab and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. This license does not include any right to:

  • Modify, reproduce, or distribute our content
  • Create derivative works based on our Services
  • Use our trademarks or branding without permission

8. Payment and Subscriptions

8.1 Pricing

Certain features of MediWing may require payment. Pricing details are available on the MediWing website and are subject to change with notice.

8.2 Billing

By providing payment information, you authorize us (or our payment processor) to charge you for your selected subscription or service. You agree to:

  • Provide accurate and complete payment information
  • Pay all fees and applicable taxes
  • Update your payment information if it changes

8.3 Refunds

Refund policies are specified at the time of purchase. Generally, subscription fees are non-refundable except as required by law or at our sole discretion.

8.4 Free Trial

If you sign up for a free trial, your subscription will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial ends.

9. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of information provided

We do not warrant that the Services will meet your requirements or that any errors will be corrected. Your use of the Services is at your own risk.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIMINDLAB, ITS AFFILIATES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Personal injury or property damage resulting from your use of the Services
  • Any medical errors, misdiagnoses, or harm resulting from reliance on information from our Services

In no event shall our total liability exceed the amount you paid to us in the 12 months preceding the claim, or $100 if you have not made any payments.

11. Indemnification

You agree to indemnify, defend, and hold harmless MediMindLab from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

12. Modifications to Services and Terms

12.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice. We are not liable for any modification, suspension, or discontinuation of the Services.

12.2 Terms Modifications

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or equitable relief in court.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MediMindLab regarding the Services.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@medimindlab.com

General Inquiries: info@medimindlab.com

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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